John Noonan, judge and historian

John T. Noonan Jr. - photo Kenneth Pennington, 1998

John T. Noonan Jr – Erice,1998 – photo Kenneth Pennington

Should an historian act as a judge, pronouncing verdicts on the past? Should a judge express views about the past or even use the past for his judgments? How can legal history help judges? Can you imagine that knowing about the history of medieval canon law, a subject seemingly quite distant from modern times, can prepare someone to become a respected judge? For a moment you might think I seduce you to follow me in an experiment, but I had rather tell here about the experiences of a scholar and judge who dealt in his life with exactly the questions at the start of this post. On April 17, 2017 John T. Noonan Jr. died. He served for thirty years as a judge of the Ninth U.S. Circuit Court of Appeals in San Francisco. Before and during his period as a judge he did research in the field of medieval and modern canon law. Noonan (1926-2017) wrote also about American law in past and present. A number of obituaries have appeared which focus on his contributions as a judge. Here I would like to honour his achievements by looking at his work as a legal historian.

Near to major themes in law and society

The obituaries I have seen until now understandably focus on his work as a judge. In particular the obituary issued by the Ninth Circuit Court of Appeals mentions a number of major cases – with full references – to which Noonan contributed, sometimes with a dissenting opinion which was eventually followed by the Supreme Court of the United States. Even Wikipedia gives substantial quotes from these important cases in the article about Noonan. The obituaries in the San Francisco Chronicle and The New York Times single out his political independence. Noonan was a Catholic who opposed abortion, but he certainly could not be labelled conservative. In the Commonweal Magazine‘s obituary there is attention for Noonan’s clear views about liberalism, but also on Shakespeare and the lack of attention to the Bard’s religion. The Faculty Lounge has a short notice by Alfred Brophy about Noonan’s passing, but he redeems it by sending you to a moving tribute at the blog of Diane Marie Amann (University of Georgia). She goes straight to the heart of the matter by showing Noonan in action. If you prefer to skip the section here below about the impact of medieval canon law you are right to proceed to her fine post.

Noonan came from Boston and studied at Harvard University, Cambridge and the Catholic University of America. To mention only his academic posts, he was a professor at Notre Dame University between 1961 and 1966 and from 1967 onwards at the University of California at Berkeley (Boalt Hall). His first book was on a subject touching medieval canon law, theology and economic history, The scholastic analysis of usury (Cambridge, MA, 1957). In a modern textbook about medieval views of the economy [Diana Wood, Medieval economic thought (Cambridge, etc., 2002)] the two chapters about usury frequently refer you to Noonan’s book. Intention is one of the keys in understanding and defining usury and interest. His second book, Contraception. A history of its treatment by the Catholic theologians and canonists (Cambridge, MA, 1965; enlarged edition, 1986) appeared at a crucial moment in the history of the Catholic Church, in the aftermath of the Second Vatican Council when pope Paul VI created a commission to study contraception. He invited Noonan to participate in it as a consultant. Another study, too, brought medieval theology and canon law together [Power to dissolve. Lawyers and marriage in the courts of the Roman curia (Cambridge, MA, 1972)].

How authors come to a subject can be mysterious, but I think it is not entirely by chance that Noonan wrote about matters of life and death, in particular about moral conduct. Bonds dissolved or not are also at stake in his book on The Antelope : the ordeal of the recaptured Africans in the administrations of James Monroe and John Quincy Adams (Berkeley-Los Angeles, 1977). I could not resist going to the digital collection Slavery in America – discussed here in some detail last year – and to check for the presence of this case around a ship with slaves in 1820. Changing views on slavery are among the subjects in his study A Church that can and cannot change. The development of Catholic moral teaching (Notre Dame, IN, 2005). The personal conduct of judges through the centuries is the subject of Bribes. The intellectual history of a moral idea (New York, 1984). Many students of American law will know about his volumes with selected cases around religious freedom and the responsibilities of lawyers.

It is tempting to discuss here more of Noonan’s books which discuss developments in American law from a historical perspective, but I promised you to focus on medieval canon law. A fair number of Noonan’s articles can conveniently be consulted in the volume Canons and canonists in context (Goldbach 1997). Articles about medieval canon law appear not only in the few journals created for this field, but also elsewhere, sometimes in Festschriften. Thus the volumes in this series are most useful, also for the additions and corrections added by the authors. The bibliographical database of the Regesta Imperii (Akademie der Wissenschaften, Mainz) lists most of Noonan’s articles about medieval canon law.

Noonan wrote two major articles about the author of the Decretum Gratiani, a subject at the heart of the modern study of medieval canon law, because Gratian’s book is often seen as the core and cause of the very birth of medieval canon law. In the first article, ‘Was Gratian approved at Ferentino?’, Bulletin of Medieval Canon Law N.S. 6 (1976) 15-28, he investigates the historical evidence around a papal approbation of Gratian’s textbook. The second article, ‘Gratian slept here: the changing identity of the father of the systematic study of canon law’, Traditio 35 (1979) 145-172, is an object lesson in making distinctions about reliable and unreliable evidence. Noonan crushes sloppy thinking and careless repetition of unchecked information. Even his colleague at Berkeley, Stephan Kuttner, receives a frown at one point. Thirty years later Anders Winroth could establish at last some facts about the life of Gratian with certainty in ‘Where Gratian Slept: The Life and Death of the Father of Canon Law’, Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Kanonistische Abteilung 99 (2013) 105-128. Kenneth Pennington gives at his website a more colourful presentation of John Noonan’s work on Gratian, including the covers of some books and some remarkable photographs of Noonan.

Intention is a matter of concern in medieval canon law ever since its appearance in the twelfth century as a subject in medieval theology. It is through canon law that intention became a theme in criminal law. Judges were called upon to consider someone’s intentions. Stephan Kuttner, Noonan’s teacher in Washington, D.C., wrote the classic study tracing this development [Kanonistische Schuldlehre von Gratian bis auf die Dekretalen Gregors IX systematisch auf Grund der handschriftlichen Quellen dargestellt (Città del Vaticano 1935)] and Noonan clearly studied it in great depth. For Noonan the facts and intentions counted in judging historical situations. In his view facts matter indeed, because he wanted to judge cases, not persons. Some of his views of famous American judges can be found in Persons and masks of the law : Cardozo, Holmes, Jefferson, and Wythe as makers of the masks (New York, 1976). Noonan did not keep ethics and moral questions at a safe distance. Making the right judgments is only possible when knowledge of the law, insight into what consist justice and a fine-tuned and ever developing conscience come into action, or to put it more briefly, where mind and heart fully work together. It is exactly how Noonan impressed those who met him. Being a judge and a historian in one person is challenging, but he had the greatness to achieve this in a long and fruitful life.

A portal for the history of the common law

Screenprint online guide to the history of common law, Bodlieian LibrariesSometimes things arrive really unexpectedly. Good introductions and guides to any research field can help you enormously in getting started, gaining an overall view of things and offering openings to wider context. At my own website for legal history, Rechtshistorie, I offer introductions to several legal systems and their history. Recently a couple of online subject guides were launched by the Bodleian Libraries in Oxford which deserve attention here. They amount in fact to a portal. I will focus on the guide to the history of common law, but the other guides are worth visiting, too.

Common law in manifold variety

Logo Bodleian Libraries

A first glance at the new subject guide shows first and foremost an almost overwhelming mass of subjects. It is really a choice to present between thirty and forty subjects on separate pages instead of ordering them a bit by putting for example particular periods or royal courts under separate headings. The first row of headings clearly leads you to more general subjects and some specific sources, the Year Books and law reports. It is easy to point to themes and subjects you might want to add or remove here. Forest law makes a surprise appearance, but you might want to add for example the Inns of Court. Some reshuffling is surely possible, perhaps first of all bringing periods at one level or putting the items in alphabetical order. Anyway I have not yet seen any LibGuide with such a high number of subpages.

In my review of this research guide you must forgive me my personal picks among the headings! Local legal officials is a page giving you general guidance to a fair number of these officials, and understandably sheriffs, constables, justices of the peace and coroners receive most attention here, apart from general information about local government. You will find much more about medieval coroners on my own common law web page.

Under Commentary you will find information about the major current standard works about English legal history and you will be sent also to great historians such as Maitland, Holdsworth, Milsom, Vinogradoff and of course Blackstone. The heading Treatises & Authorities brings you to classic writers such as Coke and Hale, and also to older treatises (Bracton, Britton), but also again to Blackstone. The references to online versions are both to licensed editions only accessible at subscribing institutions, and to free accessible versions. If you have access to subscribers-only materials you are lucky indeed. The free versions give sometimes only a translation of a particular source, a thing not always indicated here.

Among the periods to review here I have chosen a classic era, 1066-1216. The overview of regnal years is most useful, and the choice of electronic resources with both laws and treatises is a good one, as is the choice of studies which you should consult. A second era, 1820-1914, clearly stems from the volume in the Oxford History of the Laws of England. Here the attention to reports is indeed welcome, but I did not find a reference to the U.K. Parliamentary Papers (Proquest). A separate page about the history of Parliament would be very useful, but going to Legislative history solves this apparent omission. On the page about Ireland I missed the Dippam portal with the Enhanced British Parliamentary papers on Ireland. By the way, some pages in this guide have an URL with numeral codes, others contain words which are more recognisable to human eyes. The page on Scotland is strong on important studies and less full for online resources.

The online guide for the history of the common law shows its sheer width by containing a page on canon law. It offers a nutshell guide bringing you to introductions by James Brundage and to some well-chosen studies (Richard Helmholz, Anders Winroth and Stephan Kuttner) and (online) resources. English students starting to discover medieval canon law might want to read also the compact book by Dorothy Owen, The medieval canon law : teaching, literature and transmission (Cambridge 1990).

A web of online guides

The Bodleian Libraries have created similar guides to ancient lawRoman law, the legal history of Western Europe and the history of international law. Using the Bodleian’s general overview of more than one hundred online law research guides the list on the starting page of their LibGuides for law and history can be extended to medieval Scandinavian law and Roman law in translation, a subject dear to me. This overview of translations is very useful. I noticed in particular the online version of excerpts from Mary Lefkowitz and Maureen Font (eds.), Women’s life in Ancient Greece and Rome. A Sourcebook in Translation (2nd edition, Baltimore 1992), which deserves inclusion at my own Roman law page. On the page on medieval Scandinavian law I expected a reference to The Medieval Nordic Legal Dictionary, a project led by the University of Aberdeen, mentioned here last year. Yet another nutshell guide of the Bodleian Libraries is Witchcraft and the law in Early Modern Europe and the USA: Bad magic by Isabel Holoway. Hannah Chandler contributes an online guide to criminal and judicial statistics, 1800 to present day.

At the end of this quick review our thanks should go to the Bodleian, especially to Elizabeth Wells and Margaret Watson for their courage and librarianship to create five guides covering important fields of legal history. To me it is clear that you can frown at the very number of individual subjects and periods in the guide to the history of common law, but at the same time it invites you also to rethink your assumptions. I remember visiting somewhere an online guide based on LibGuides with many subdivisions which in the end scarcely helped to find the rich resources of the library and university. Personal taste, preferences and concrete research interests will influence your opinions about these guides. However, the most important conclusion is that the Bodleian Libraries and other libraries using LibGuides do not hesitate to face the challenge to give guidance in the virtual world, too, and thus redefine themselves for new service to student and scholars in the age of digital information. With the guides dealing with themes and subjects in legal history the law guides of the Bodleian Libraries set an example to which other institution can aspire. The very presence of LibGuides has already inspired many libraries to create sensible guides to many subjects, and it is good to see legal history among them.

Between printed books and social media

Screeprint Conn3ctOn this blog digitization is often shown at its best when digital initiatives bring you closer to sources and texts which used to be difficult to access. Even though blogs themselves belong to the social media I have seldom commented here on their use or abuse in the field of legal history. Museum Meermanno in The Hague is host to an exhibition in cooperation with institutions in Göttingen, Antwerp and Hasselt to show books and other printed media from a period when printing itself could be dubbed the agent of change. Conn3ct: Impact van drukpers en sociale media has got “media” as the extension of its web address. With Erasmus (1469-1536) on the start page browsing a smart phone the message of this exhibition website becomes more personal. His presence reinforces the theme of the exhibition with communication and its manifestations in the sixteenth century as its heart. Erasmus’ role and position in the international scholarly community as a prince of letters and literature is indeed hardly conceivable without the printing press and public exchanges of views on many subjects. Interestingly, there is attention to law and justice, too, in this exhibition. The website can be viewed in Dutch, English and German.

The exhibition currently on display in The Hague has been created by the Vlaamse Erfgoedbibliotheek [Flemish Heritage Library] in Antwerp and the Dutch Royal Library (The Hague) in cooperation with the Provinciale Bibliotheek Limburg in Hasselt and the Universiteit Antwerpen. The Dutch-Flemish presentation at the Frankfurter Buchmesse in 2016 was the occasion to organize the exhibit first shown in Göttingen thanks to the Niedersächsische Staats- und Universitätsbibliothek Göttingen.

Similar and different

Logo Museum Meermanno

The core of the Conn3ct website is the theme section with nine themes concerning communication and action. “Enter”, “Start” and “Change” are seemingly straightforward. With “Status”, “Follow” and “Control” you enter clearly the empire of the social media, and “Delete” “Community” and “Chat” follow naturally. Here I will look rather at random at some of these themes. “Change” brings a comparison between the early days of book printing, with books without a title page, and sixteenth-century books with title pages. Many features of the virtual world we now take for granted have come gradually within the first twenty-five years of the virtual world. Under “Control” you will find items concerning censorship, but also its counterpart, pirated editions and edition with a fictive printing address and origin. It is a useful reminder that not only ecclesiastical authorities acted against books when you see here for example an ordinance of emperor Charles V forbidding books [Mandament der Keyserlijcker Maiesteit. Met dintitulatie vanden gereprobeerde boecken (Leuven: Servaes van Sassen, 1546)], a decade before the first papal Index librorum prohibitorum. The virtual delete button brings you to subjects as printed ephemera, very rare editions and early bibliographies, even one created in 1523 by Erasmus of his own works, on one side, and notions such as anonymous internet surfing and the questions of virtual longevity.

The second main section, Books and videos at the Conn3ct website is more traditional. It offers a searchable overview of the books, videos and other media, just over one hundred items. You can choose at will among themes, media, technical aspects such as illustrations, general characteristics, for example bestsellers, de luxe-editions or corrected versions, language, year of publication, and contributing institution. I would almost forget you can connect any item quickly to actual social media or store them in your favorites. It is worth looking also at the section with ideas for digital initiatives of Dutch and Flemish schools for the arts.

The Canon of Fokke and Sukke

It is easy to point to similarities between the sixteenth and the twenty-first century, but this exhibition show also the differences. In my view the juxtaposition of two periods helps to perceive the precise impact of the variety of forms of communications in print versus the proliferation of social media creating either a virtual reality or increasingly a normal part of the world. In a cartoon the two ducks Fokke and Sukke commented like medieval monks in their version of the Canon of Dutch History (2007) on the printing press: “This invention will not stay with us. People will want to read handwritten books…”

The oldest museum for the history of the book

Photo of the Museum Meermanoo - source: Monumentenzorg Den Haag

The Museum Meermanno at the Prinsessegracht, The Hague – image source: Monumentenzorg Den Haag

Two collections form the heart of the Museum Meermanno, in the twentieth century known under a longer name, Museum Meermanno-Westreenianum. Johan Meerman (1753-1815) had studied law in Leipzig, Göttingen and Leiden and became a politician, serving for example as a mayor of Rotterdam. His father, Gerard Meerman (1721-1772), pensionaris (city secretary) of Rotterdam, was also a lawyer. He had already started collecting books about law and jurisprudence which led to the publication of the Novus thesaurus juris civilis et canonici (7 vol., The Hague 1751-1753). Gerard Meerman edited also the Epitome Gai in a very rare edition [Specimen animadversationum criticarum in Caii Jcti Institutiones (…) (Lutetiae Parisiorum: apud Merigot, 1747)] which I mentioned last year in a post about Pieter Gillis and Thomas More’s Utopia. Meerman’s edition was reprinted in the Novus thesaurus. Later on he started also collecting manuscripts and incunabula, books printed in the fifteenth century. In 1764 he bought for example the manuscript collection of the Jesuit college Louis le Grand. Gerard Meerman’s research into book history led to his study Origines typographicae (2 vol., The Hague 1761).

A nephew of Johan, Willem van Westreenen van Tiellandt (1783-1848), too, was an avid collector of books, coins and Egyptian artefacts. During the French period he served as an adjunct-archivist of the Kingdom Holland. In the new Kingdom of the Netherlands he became in 1815 the treasurer of the new Hoge Raad van Adel (High Council of Nobility) and in 1842 director of the Royal Library. He bought substantial parts of the Meerman collections at an auction in 1824, and in his will he bequeathed his collections and house to the Dutch nation. The location of the Museum Meermanno, close to the Royal Library, explains the easy cooperation between both institutions. Some of the most renown Dutch librarians served at both locations. The modern museum collects especially bibliophile and rare editions.

The world of law and justice is by all means not only a place of the spoken word, but also a world of words in print or in online databases and digital collections. It is only fitting that two lawyers created book collections which are still the central features of a remarkable museum. The exhibition is certainly worth your virtual visit, and it should be a good reason to visit The Hague, too.

The Hague, Museum Meermanno: Conn3ct, impact van drukpers en sociale media – February 24-May 21, 2017 – from June 22 at Antwerp and from October 14 in Hasselt

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. In June 2017 yet another batch of newly digitized journals was announced, with the Staatsblad voor het Koninkrik der Nederlanden (1951-2005) and the Indische tijdschrift van het recht (1915-1942).

Laws under the double eagle of the Habsburg empire

Double eagle of the Austrian Empire, around 1870? - source: Wikimedia Commons

Double eagle of the Austrian Empire, around 1870? – source: Wikimedia Commons

When you want to find resources concerning the history and laws of the Habsburg Empire you will be inclined to look first of all at sources in Vienna. However, in Budapest, too, you can find important sources. The Doppeladler, the two-faced eagle in the blazon of the Habsburg rulers, looked in two directions, and this hint should be followed indeed! In this post I will look both at Austrian and Hungarian resources. The existence of a very interesting portal to digitized sources in Hungary prompted me to write this contribution.

However, the image of an eagle should remind you to look beyond what is immediately visible to human eyes. A second thread in this post is the importance of parliamentary libraries and the online availability of official gazettes. Hopefully this will not only make your curious about the legal history of the Habsburg empire, but indeed ready to explore relevant resources at your computer screen.

Starting in Vienna…

Logo ALEX, ONB, Vienna

Legal historians wanting to do research about law and justice in Austria can benefit in particular from the ALEX project of the Österreichische Nationalbibliothek in Vienna. If you would like to enlarge the territory of your search you can go immediately to the links for similar resources in Germany, the Czech Republic and Hungary. The ALEX project brings together historical legislation, parliamentary records, jurisprudence and a host of legal journals. You can find laws as they were originally published in the official gazettes for the various regions of the Habsburg Empire, or use some of the official – and semi-official – collections. The series started by Joseph Kropatschek, Sammlung aller k.k. Verordnungen und Gesetze vom Jahre 1740 bis 1780 (first edition in 8 volumes, Vienna 1786) with laws published between 1740 and 1780 got in 1789 the formal name Theresianisches Gesetzbuch, the “Theresian Code”. It figures also in the blog ALEX dazumal accompanying the ALEX project. The blog posts can help you finding quickly materials for a particular subject, for example electoral legislation, hunting laws, migration and much more. In the section where you can set filters for particular regions or the whole empire (Gesamtstaatliche Gesetzgebung) you can choose the language of your preference, be it German, Hungarian, Croatian, Czech, Polish, Slovenian or Italian. Ruthenian and Rumanian have yet to be added…

Header image RepöstRG (Predella of the Neustädteraltar, Stephansdom, Vienna)

The second way to find Austrian legislation between 1500 and 1918 is literally a gateway. Heino Speer (Klagenfurt) has created the Repertorium digitaler Quellen zur österreichischen Rechtsgeschichte in der Frühen Neuzeit [RepÖstRG), a repertory in two versions, one programmed in HTML, the other one using WordPress. This double gateway offers not only access to legislation, but also to (older) scholarly literature. You can search here in chronological or territorial order. With additional information for persons and the spread of Protestantism in Austria Speer deserves praise for his marvellous efforts, in particular when you can also turn here to the Corpus Iuris Civilis in several editions.

…. and going to Budapest

Logo Hungaricana portal

Vienna and Budapest are cities along the Danube river. It is only logical to visit also Budapest. The Hungaricana portal, accessible in Hungarian and English, pushed me into writing about the Habsburg Empire. The Hungaricana portal shows on its start page five main sections, a gallery with images, digitized books in the library, historical maps of the Austro-Hungarian Empire, also separately searchable at MAPIRE with a trilingual interface, more maps and plans, and finally digitized archival records. The library sections contains also publications issued by museums and archives, including publications of the Österreichisches Nationalarchiv. In particular the archives section brings you to a great variety of digitized sources, for example medieval charters, documents from the city of Budapest, royal letters and decrees, and a census from 1767.

The databases page shows the full strength of Hungaricana. The Régi Magyar Könyvtár [RMK, “Old Hungarian Library”] with digitized old works written in Hungarian, can only be viewed in Hungarian. It contains also the bibliography created by Károly Szábo of works published in Hungarian between 1531 and 1711 and books in other languages printed in Hungary between 1473 and 1711, all with their RMK number and additional information. The maps section, too, can only be viewed in Hungarian, and thus you might have to rely on the quality of the translating tool in a well-known browser.

Header DTT - screenprint

Hungaricana is operated by the Parliamentary Library of Hungary. In the Digitalizált Törvényhozási Tudástár, the Digital Parliamentary Databases, accessible in Hungarian and English you can find much, from laws, legal books, national and ministerial gazettes to legal journals, parliamentary proceedings and decrees. The search interface is in Hungarian and English. This digital library is clearly comparable to the Austrian ALEX portal and indeed a veritable portal for Hungary’s legal history.

Header Visegrad Digital Palriamentary Library

Interestingly there is a second portal with information about the parliaments of countries within the borders of the Habsburg Empire. The Visegrád Digital Parliamentary Library has links to digitized sources for Austria in the ALEX portal, for Hungary from 1861 onwards, Poland (1919-1939 and from 1989 onwards) and for Slovakia since 1939. Visegrád is the Hungarian town on the Danube where the leaders of four East European countries signed in 1991 a covenant for cooperation, the Visegrád 4. In fact the Visegrád portal leads you directly to the Joint Czech and Slovak Digital Parliamentary Library, with both current and historical information; the links of the Visegrád portal for the Czech Republic do not work, but you can find the right links in the Digitální Repozitár of the Czech parliament. This website goes even beyond the Habsburg empire to sources from medieval Bohemia. You will perhaps also want to look at the ten historical maps of the Visegrád portal covering the period 1815 to 1999, but you will surely want to use its multilingual dictionary of parliamentary terms.

At the end of this post I will try to suppress my wish to give you here much more information, but perhaps it will suffice to tell you that I included information about and links to a number of official gazettes on the digital libraries page of my legal history site. In some cases you will see the exact link, in other cases you will find them as a part of a parliamentary library, and there are some portals for gazettes, too. On my page concerning digital archives you can find out more about archives in Austria, Hungary and Poland. I hope to add soon information about the Czech Republic and Slovakia, but meanwhile you can already use the links at some archive portals which will help you in your research under the watchful eyes of the double eagle in its various incarnations.

A personal touch: Chasing autograph manuscripts of medieval lawyers

The Middle Ages span a millennium, and the very term has long darkened our understanding of this period in European history. Somehow the image of the Dark Age keeps to some extent its force for children, the general public and scholars alike. Seemingly out of the dark come the persons whose names we know, and romantic phantasy has often been very active to make them as colourful as possible. Clovis, Charlemagne, William the Conqueror and Saint Louis, the holy French king pronouncing the law, are among the people for whom we can find out more than only battles, deeds and orders, but we hear seldom the voice of more ordinary people. Thus the counsels of Dhuoda to her son, the visions and songs of abbess and composer Hildegard von Bingen, and Christine de Pisan, a passionate writer and defender of women, stand out even stronger, because they shed light on the history of women, too. In the field of medieval art there has been a hunt to find traces of individual artists. Some works of art still bear their names, but others remain anonymous.

Cover Autographa I.2

Medieval law, too, can seem not only a very masculine, but also a very impersonal affair. However, juridical glosses from the twelfth century in the manuscripts with the main texts of Roman and canon law are sometimes signed with an abbreviated form of the names of lawyers such as Azo, Jacobus Bassianus, Rogerius and Pillius. In the last decades another hunt has brought some astonishing results. Scholars have been able to identify autograph manuscripts of a surprising number of medieval lawyers. Individual scholars succeeded in connecting one or more manuscripts directly to the author of a particular juridical text. Surprisingly this is indeed possible for medieval lawyers, for many scholars not the group in medieval society you would immediately pinpoint.

On February 8, 2017 the second volume of a series of studies about medieval autograph manuscripts will be presented at the École française de Rome. This post is a small tribute to the scholars contributing to these volumes, and especially to Giovanna Murano, the courageous editor who has set an example herself in approaching legal manuscripts with new questions and sharing her wisdom and results with others. The blog Storia del Diritto medievale e moderno alerted me to the presentation of the new volume, and apart from translating the main information of their message in French I will try to provide some context for this important publication.

The hands of the masters

During the thirteenth century a system for the reproduction of medieval texts used at universities came into existence. Book shops were given controlled master copies, exemplars of these texts. Students could hire quire after quire for scribes to make copies. The pecia system – literally “piece” – was first described for theological manuscripts by Jean Destrez. Last year Frank Soetermeer died, the Dutch scholar who did research about the use of the pecia system for legal texts in Italy and France. Giovanna Murano, too published a book about the pecia system, Opere diffuse per exemplar e pecia (Turnhout 2005). Since a few decades it becomes clear that the chances for survival of original author manuscripts were relatively high. In the sixteenth century, however, printers often discarded the very manuscript(s) they had used to produce printed versions of texts.

Recognizing the handwriting of a specific author can be easy, but first you have to connect an inimitable script with him or her. The almost illegible script of Thomas Aquinas (circa 1225-1274) got nicknamed littera inintelligibilis by his contemporaries, and the mirror writing of Leonardo da Vinci in the fifteenth century is rightly famous. Medieval lawyers signed in particular charters, acts written on parchment, or added some confirming lines in their own hand to consilia, legal consultations. The cover of the new volume shows a consilium with some of such closing lines and signatures. The interest in these consilia has helped very much to make the identification of the handwriting of medieval lawyers possible.

Perhaps the single most important step was the identification of a set of autograph manuscripts in the Vatican Library written by or produced under the direction of Baldo degli Ubaldi (1327-1400), first signalled by Giancarlo Vallone, ‘La raccolta Barberini dei “consilia” originali di Baldo’, Rivista di Storia del Diritto Italiano 62 (1989) 75-135. You can read online (PDF, 9 MB) an article by Vincenzo Colli, ‘Collezioni d’autore di Baldo degli Ubaldi nel MS Biblioteca Apostolica Vaticana, Barb. lat. 1398’, Ius Commune 25 (1998) 323-346. Twenty years ago Colli identified more autographs and other manuscripts close to their author for other medieval lawyers as well, for example for Guillelmus Duranti (around 1237-1296), the author of the Speculum iudiciale, a massive legal encyclopaedia, ‘L’apografo dello Speculum iudiciale di Guillaume Durand’, Ius Commune 23 (1996) 271-280 (online, PDF, 3 MB), and together with Giovanna Murano ‘Un codice d’autore con autografi di Giovanni d’Andrea (ms. Cesena, Biblioteca Malatestiana, S.II. 3)’, Ius Commune 24 (1997) 1-23 (online, PDF, 9 MB).

In the second volume of the series on medieval autograph manuscripts [Autographa I.2: Giuristi, giudici e notai (sec. XII-XV)Giovanna Murano (ed.) (Imola 2016)] you will find some eighty images of medieval manuscripts, and very often you will see a medieval consilium and a manuscript of a particular work as evidence for the identification of an author’s hand. Apart from lawyers who published legal works the team looks also at medieval judges (giudici) and notaries (notai). For the second volume twelve scholars have identified 49 authors and consulted more than one thousand manuscripts in more than two hundred libraries. The new volumes contains eighty photographs.

Giovanna Murano contributed an article about the autograph of Antonio de Roselli’s Monarchia for the second volume of the Festschrift for Mario Ascheri, Honos alit artes. Studi per il settantesimo compleanno di Mario AscheriPaola Maffei and Gian Maria Varanini (eds.) (4 vol., 2014), a publication briefly mentioned here, too, available in print and online. In the first volume a whole section is dedicated to articles concerning medieval legal consilia. Murano provides a must-read on this genre with her article ‘I consilia giuridici dalla tradizione manoscritta alla stampa’, Reti medievali. Rivista 15/1 (2014) 1-37. She offers an uptodate illustrated introduction to this medieval genre. It gives you an example of her rigorous thinking and dense argumentation. At every turn Murano makes you think and reconsider matters you had not thought about for a long time or simply not carefully enough. In a similar article she gives a status questionum for the study of the Decretum Gratiani, the great treatise for medieval canon law from the early twelfth century [‘Graziano e il Decretum nel secolo XII’, Rivista Internazionale di Diritto Comune 26 (2015) 61-139; online].

The first volume of the series Autographa appeared in 2012. In my view both volumes can serve also as a palaeographical atlas for anyone studying the learned law, i.e. the medieval – and Early Modern – use of Roman and canon law. Instead of hunting digitized manuscripts on your computer screen or tablet you might want to sit down and study the variety of handwriting offered by Murano and her international team. The books can be used indeed as a fine guide to medieval legal manuscripts. However, maybe it is simple the urge to come as closely as possible to the hands of the great magistri of Italian and French medieval universities that makes you want to have these books within your reach. The names of medieval lawyers change here from glorious but inevitable dead names into living persons, not just as law professors producing a theoretical frameworks for judges, advisors and officials all over Europe, but at work themselves, counseling parties or pronouncing judgment on cases which show law in action. These manuscripts and archival records offer a splendid window to medieval life and society. My warmest congratulations to Giovanna Murano and the scholars participating in this great project! It deserves your attention by all means.

Two laws and one trial

Banner The Amboyna Conspiracy TrialSometimes even a history blog cannot escape from current affairs, but the opposite happens, too: a historical event comes unexpectedly into view and you keep thinking about it. A few weeks ago I encountered the project The Amboyna Conspiracy Trial (Monash University) about a famous trial in 1623 on the island Ambon, part of the Moluccas islands in the southeastern part of the vast Indonesian archipelago, close to Sulawesi, East Timor, New Guinea and Australia, thus explaining the interest of a team at an Australian university led by Adam Clulow. Among the partners for this project launched in 2016 were the Roy Rosenzweig Center for History and New Media at George Mason University, the Dutch Nationaal Archief in The Hague and the India Office Records of the British Library. The website of the project invites the users to ponder the question on which side they stand. In particular the educational aspects of this website merit attention. Here I use both Ambon and Amboina to refer to the island.

Yet another reason to write here about the Dutch East India Company is the upcoming exhibition at the Nationaal Archief in The Hague, De wereld van de VOC [The World of the VOC] that will be on display from February 24, 2017 to January 7, 2018.

A clash of emerging empires

Poster "De wereld van de VOC" - Nationaal \archief, Den Haag

The story of the trial in 1623 is seemingly simple and straightforward. The Dutch authorities on the island Ambon, officials of the Dutch East Indian Company, arrested a Japanese soldier who had behaved suspiciously. Under torture he and fellow Japanese mercenaries confessed to know about a conspiracy of the English to capture the Dutch fortress. In a span of two weeks Englishmen, too, were captured and tortured to gain confessions. Under Dutch criminal law torture was considered one of the legal means in a trial. The Early Modern maxim “Tortura est regina probationum”, torture is the queen of proves, is not mentioned at the project website. On March 9, 1623 twenty prisoners were executed by the Dutch.

The creators of the Amboyna website are quite right in seeing this trial as a focus point of history. The Dutch and the English competed for the most profitable trade in spice. In fact the name of the Moluccas in Dutch – now in Dutch Molukken – was for many years “Specerij-eilanden”, The Spice Islands. A treaty signed in 1616 seemed a rather peaceful start of Dutch relations with the inhabitants of the Moluccan Islands, but in 1621 governor Jan Pieterszoon Coen decided to invade these islands, aiming in particular at Banda, known for its nutmeg, apart from Grenada the only spot on earth where you can find large quantities of this fruit which also produces yet another spice, mace.

Treaty with Banda, 1616

From 1610 to 1619 Ambon was the central location of the Dutch overseas empire in South East Asia. Coen and his troops killed in 1621 thousands inhabitants of Banda and the surroundings islands on the pretext that they had broken the treaty by trading with other nations than the Dutch, be they English, Spanish or Portuguese. This background of ferocious and ruthless violence close to genocide did not predict a peaceful continuation of relations with the indigenous people nor with other European countries. It is indeed the very story that forever divides those applauding the Dutch energy and colonial expansion, and those who condemn the events and the whole period as an unforgivable and inhuman step in mankind’s history. A few years ago one of the episodes of the television series on the Dutch Gouden Eeuw (Golden Age) centered around the 1621 massacre at Banda (the fifth episode, Een wereldonderneming [A world enterprise]. In January 1623 Coen was succeeded as governor of the Dutch Indies by Pieter de Carpentier.

The website of The Amboyna Conspiracy Trial gives you a timeline with for each day the texts of the confessions made by the arrested suspects. Four exhibits give you a chance to deepen your knowledges about the two East India companies and the spice trade, the role of Japanese mercenaries, trials in Dutch and English law and the uses and role of torture, and the publicity about the trial. Adam Clulow wrote about the Japanese soldiers in his article ‘Unjust, cruel and barbarous proceedings : Japanese mercenaries and the Amboyna incident of 1623’. Itinerario 31 (2007) 15-34. More recently he published The Company and the Shogun: The Dutch Encounter with Tokugawa Japan (New York, 2014), reviewed for example by Martine van Ittersum for the Bijdragen en Mededelingen betreffende de Geschiedenis der Nederlanden / Low Countries Historical Review 130/4 (2015). Her main criticism is Clulow’s insufficient information about sources in Dutch and Japanese archives. When eventually news of the trial reached Europe, it sparked off a stream of publications. Just browsing the Knuttel, the famous catalogue of Dutch pamphlets shows you a substantial rise in the number of pamphlets issued in 1624 and 1625, but English pamphleteers were even more active. The website features in the “Archive” section only pamphlets in English. You will find in this section some twenty-five sources and a number of paintings and portraits.

Placcaet, Knuttel no. 3548 - image The Memory of the Netherlands

“Placcaet…”, an ordinance against the first pamphlet concerning the Amboina trial – Knuttel no. 3548 – copy Royal Library, The Hague – image: The Memory of the Netherlands

The presentation of sources for The Amboyna Conspiracy Trial should indeed alert you to what you see and read. For many documents a brief analysis of the text and impact is given, but not for all documents. Some items show just one page of a pamphlet or archival record. No pamphlet is presented here in its entirety. For documents in Dutch a partial translation is given, but no transcription. One of the pamphlets, Waerachtich verhael vande tijdinghen gecomen wt de Oost-Indien (…). Aengaende de conspiratie ontdeckt inde eylanden van Amboyna (Knuttel no. 3547), online at the portal The Memory of the Netherlands, originally printed in Gothic script (Knuttel no. 3546) was quickly translated into English as a part of the pamphlet A true relation of the unjust, cruell, and barbarous proceedings against the English at Amboyna in the East-Indies (London 1624; digital version at The Memory of the Netherlands). In its turn a Dutch translation appeared of this English reaction (Knuttel no. 3549, online version). The Amboyna project site does not mention nor contain the ordinance (plakkaat) of the Dutch General States forbidding in August 1624 the distribution of the first pamphlet because it would harm the relations between the Dutch and English East India companies [Placcaet… (The Hague 1624; Knuttel no. 3548, online version)]. Clearly this act did not work to suppress the news of the events in the East. Anyway thanks to the original contemporary translations it is substantially but not completely possible to rely on them.

The database The Early Modern Pamphlets Online for Dutch pamphlets and the German Flugschriften does still work despite an announcement about it being shut down on January 1, 2017. You can freely use this online catalogue, instead of going to the subscribers-only commercial version. The Hathi Trust Digital Library has digitized the catalogue of pamphlets held at the Dutch Royal Library [W.P.C. Knuttel (ed.), Catalogus van de pamfletten-verzameling berustende in de Koninklijke bibliotheek (9 vol., The Hague 1890-1920)], and you can use the search function of this version to search in its text.

The “citations” for the archival items and documents at the Amboina website are the titles of the items, with sometimes a very much abbreviated indication of the location and archive. For the colorful painting in the Museum Rumah Budaya in Banda Neira no indication is given when it was created. I can imagine this is exactly the question teachers or instructors want their students to solve. The image of the 1616 treaty with Banda above is marked “Contract with Banda, 3 May 1616”. Here, too, you might think it would spoil the things students have to do if I would give here more information about this source. I had expected a list with full references for all items in an appendix to the project, tucked away in the teachers’ corner. The start page of the digital project shows part of an engraving showing the torturers and their victims. In a corner of the image you can find a reference in small print giving the reference to this image from the collections of the Rijksmuseum (object no. RP-P-OB-68.279, cat. no. FMH 2328-7). The engraving was published in 1673, not nearly fifty years earlier.

Header TANAP Archives

However, when you start checking you will find several textual witnesses to this treaty, thus making it seem that the image of this treaty – or any other archival record – was taken at random among the registers and originals held at the Dutch Nationaal Archief. The TANAP portal is a great gateway to search for many aspects of the Dutch East India Company both in Dutch, British, Sri Lankan and Indonesian archives. In the combined inventories you will find at least three items with the 1616 contract. The important point is that these inventories do not provide you with digitized images, hence the usual need for good references for documents and images. I would almost leave it to you to search in the TANAP portal for the events at Ambon, but I feel rather certain one of the registers used is Nationaal Archief, inventory 1.04.2, no. 1080, because “VOC 1080” is often mentioned in the citations. Inventory 1.04.02 at the website of the Nationaal Archief contains more than 4 million scanned pages, but not for this register.

If you want mores images at your screen you can combine the riches of The Memory of the Netherlands with for example the portal Atlas of Mutual Heritage. The TANAP portal has a fine links selection, and the introduction to the history of the VOC by F.S. Gaastra is most substantial and supported by a fine bibliography. For more links you should visit the site of the VOC-Kenniscentrum. An important general source are the reports of the governors of Ambon, edited by G.J. Knaap, Memories van overgave van gouverneurs van Ambon in de zeventiende en achttiende eeuw (The Hague 1987), digitized by the Huygens Instituut, and you will no doubt be interested in the digitized resolutions of the Dutch Staten Generaal from 1575-1630.

The educational purpose of the trial website is very clear in the section Your Verdict. Six major questions are fired at you to help you to come to a balanced verdict about the trial. In my view it is one thing to ask these questions, and another thing to create real full access to relevant documents. However judicious the choice of selections, however wise the suggestions for analysis, you will learn from having at your disposal images of the complete documents, transcriptions and translations, with full references to track them again, and this holds true also for paintings and portraits. This lack of exact information mars the quality of this digital collection. The team has in mind to create similar projects around two other conspiracy trials, but now it seems at some turns that some basic information has been left out to create a smooth and convincing selection. Your judgment on these matters will also depend on your preference for a working educational project which stresses the importance of independent thinking and weighing of facts and views, certainly a major and important aim, or a preference to create a showcase for doing real historical research around a historical cause célèbre.

Amidst of all things surroundings this case it is instructive to see the shocked reaction at Batavia (Jakarta), since 1619 the VOC headquarter at Java, of the superiors of Isaacq de Bruijn, the Dutch advocate-fiscal, the senior officer leading the investigation at Ambon. We have to bear in mind that the position of the various members of the VOC united in a number of kamers (chambers) in Amsterdam, Rotterdam and other cities, and the Staten Generaal in The Hague was many thousand miles away. The interaction between the two circles, and even between Java and Ambon was not quick to say the least. It reminded me of a famous article by the late Cees Fasseur (1938-2016), ‘Een koloniale paradox. De Nederlandse expansie in de Indonesische archipel in het midden van de negentiende eeuw (1830-1870)’ [A colonial paradox. The Dutch expansion in the Indonesian archipelago in the mid-nineteenth century (1830-1870)], Tijdschrift voor Geschiedenis 92 (1979) 162-186. It is the model article in a student guide by P. de Buck for writing history papers and master theses, Zoeken en schrijven : handleiding bij het maken van een historisch werkstuk (first edition Haarlem 1982). It seems this configuration of powers and distances can be dated two centuries earlier.

Meanwhile in Holland

Is this only a Utrecht view of things? Let me at least bring you to a diary of someone from Utrecht who could in principle have had first hand knowledge. Aernout van Buchell (Buchelius) (1565-1641) from Utrecht has figured here a few times already. He was not only interested in history, but was also between 1619 and 1621 a member of the Amsterdam chamber of the Dutch East India Company as a delegate of the States of Utrecht. In 2011 Kees Smit made a transcription (PDF) of a manuscript by Van Buchell at the Nationaal Archief [1.11.01.01, Aanwinsten Eerste Afdeling, 256 (old 1882 A VI 8 2)]. It contains some drawings, including a map showing Ambon and a drawing of Fort Amboyna (f. 37v-38r). At f. 102v he wrote in May 1624: “Het jacht, dat den 4. januarii 1624 was van de stat Nieu Batavia ofte Jacatra uuyt Java geseilt, is in mayo gearriveert, brengende tijdinge dat drie schepen, wel geladen, veertien dagen ofte drie weecken, als men verhoopten, soude volgen, ende noch drie schepen bijcans toegerust lagen op de custen van Cormandel. Verhaelden meede van eene conspiratio bij eenige Engelsche ende inwoonders op Amboyna, meinende het casteel aldaer te veroveren. Maer waren gemelt, eenige gevangen, sommige gejusticeert, oeck Engelse. Waerover men seyt, dat den coninc van Groot-Britanniën qualic soude tevreden wesen, van sijne oorblasers opgeritzt. Alsofte men de quaetdoenders niet en behoorden te straffen! Ende die mosten in Engelant geremitteert worden.”

Van Buchell starts telling about the yacht arriving from Batavia on January 1624, and six more ships following within a number of weeks. From “Verhaelden” onwards he jotted down notes about the events at Ambon and his opinion, in my translation: “[They] told also about a conspiracy – note the Latin conspiratio, OV – of some Englishmen and inhabitants of Amboina who aimed at capturing the castle. But they were denounced, some captured, some judged, Englishmen too. As to this it was said the king of Great Britain would hardly be pleased, but – more likely – provoked by his advisors. As if these wrongdoers did not need to be punished! Most of them are being pardoned in England”. Alas these are is only notes about this affair, he does not mention it anymore. To me this one note is tantalizing for all the things Van Buchell does not mention, but it is in my view a superficial report showing his first impressions after hearing something about the fateful events at Ambon. He mentions Ambon sixty times in this diary.

Perhaps more telling are lines in an undated Latin poem Van Buchell wrote in his diary (f. 74r): Vidimus, Oceanus salsis quod circuit undis / Incola odoriferos ter ubi capit arbore fructus / Amboynae Batavus leges ubi condidit aequas / Fragrantes interque nuces collesque calentes / Bandanos domuit populos, gentique dolosae / Imposuit frenum Javae, regemque fateri / Compulit, aut victum se aut armis esse minorem (…). A quick translation of my hand: “We see how the Ocean goes around with salt waves where an inhabitant takes thrice a year wonderful smelling fruits from a tree, where the Batave has set equal laws for Amboina, and [where] there are perfumed nuts amidst the hot hills; he rules the peoples of Banda, and he imposed a rein on the treacherous people of Java, and he forced the king to yield, be it as conquered or smaller in arms (…)”. The combination of being sure about the qualities of you own laws and a conviction that peoples on these isles are treacherous, is potentially lethal. It is striking how often Van Buchell writes in this diary about the Protestant missionaries in the Moluccas. There is another VOC diary by Van Buchell yet to be explored [The Hague, Nationaal Archief, inventory 1.11.01.01, Aanwinsten Eerste Afdeling, no. 255 (old 1882 A VI 8 1)].

Now you might want me to leave out Van Buchell, but in fact it helped me to notice the most obvious gap of the trial website. It is rather strange to bother about the full texts, complete transcriptions and translations of documents, and to accept at face value the statements about the differences in criminal procedure in Dutch law and the common law. Instead of translating Van Buchell writing about an analysis by Hugo Grotius would be most welcome. You can consult his correspondence online at the eLaborate platform of the Huygens Instituut. However, Grotius does mention the Amboyna case in his letters only casually. In 1609 Grotius published Mare Liberum, and in 1625 De iure belli ac pacis. His Inleidinge tot de Hollandsche rechts-geleerdheid appeared only in 1631, but this book deals only with private law. Clulow mentions Grotius and the Amboina case in his 2014 study. In an earlier contribution about Grotius I provided ample information about the first editions, online versions and translations of his works. Simon van Leeuwen’s classic handbook for Roman-Dutch law, Paratitla iuris novissimi dat is een kort begrip van het Rooms-Hollands reght (..) appeared only in 1651.

While pondering the Amboina case and the project website I remembered another Utrecht view of things. My first steps in the fields of legal history were led by Marijke van de Vrugt at Utrecht, the author of a book about De criminele ordonnantie van 1570 (Zutphen 1978), a study about the ordinance for criminal procedure issued by Philips II of Spain. A few years later she contributed to the series Rechtshistorische cahiers the volume Aengaende Criminele Saken [About Criminal Matters] (Deventer 1982) about the history of criminal law, with a chapter about the 1570 ordinance, and also one about Antonius Matthaeus II (1601-1654), a famous law professor at Utrecht, author of De criminibus (first edition 1644). Van de Vrugt provided judiciously chosen relevant text fragments. She discussed in detail ch. 42 of the 1570 Criminal Ordinance and explains its fateful ambiguity due to unclear words about the exceptional use of torture. Matthaeus questioned the eagerness to use torture. Would it not be most natural to provide for both Dutch and common law more precise information when they clearly were crucial for the whole affair? Lack of space and consideration for the stamina of my readers are the practical reasons to leave out here a paragraph about the common law. Clulow mentioned in 2014 the Amboina case to compare it with a later case in Japan, and pointed for good reasons to Grotius. Alas incomplete understanding and investigating the pivotal role of legal matters for the Amboina case mars the trial website.

Some conclusions

Despite my remarks and misgivings about a number of aspect of the Amboyna digital collection I think we should salute it as a welcome addition to the materials available for educational purposes. It makes also a number of documents and images easy available for doing research about the Dutch and British East India companies. At the end of this post I wonder a bit what the input of the India Office Records has been. The absence of records from the British National Archives might cause a frown, too. Adding a full list of references for the documents, archival records and images in this digital collection would redeem a clear gap. The Amboina Conspiracy Trial makes you muse about current ideas about conspiracies and the role of one-sided or full information. It is an example of two laws clashing, Dutch civil law administered by officers of a commercial company granted sovereign powers and the common law. It is chilling to note how this example of quick action led to torture and judicial killings of people where other ways to approach the situation were open.

The Amboina trial website shows many aspects in a colourful way, but it lacks some crucial information about and attention to the very crux of the matters at stake. It would be relatively simple to provide some background about the Dutch law and the common law, instead of just a few sentences. It might seem evident to focus on the trial itself, but you will have to show even in an educational setting more of the background and relevant sources. Only for Isaacq de Bruijn, the infamous Dutch official, things seemed simple. Our world is complicated, and we had better face it. In my recent contribution about presidential libraries I mentioned the replica of the Situation Room. You will need access to all relevant information, time and wisdom to judge a situation correctly and act accordingly.

A postscript

Even this long post did lack at least something very important concerning Dutch law, the collection of ordinances and placards edited by Jacobus Anne van der Chijs, Nederlandsch-Indisch Plakaatboek 1602-1811 (17 vol., Batavia, 1885-1901), also available online completely at Sejarah Nusantara, a portal for seventeeth and eighteenth-century history created by the Arsip Nasional Republik Indonesia, with both browse and search functions.