Tag Archives: Archives

Tracing the records of medieval synods

Header blog Corpus Synodalium

For the second year on row I would like to depart from my tradition of opening the new year with a post on Roman law. The Roman empire and its law will receive due attention this year, too, but 2020 is a year with a quadriennial International Congress of Medieval Canon Law in St. Louis, Missouri, and therefore medieval canon law shall figure in my first post. I found out about the project Corpus Synodalium: Local Ecclesiastical Legislation in Medieval Europe / Législations ecclésiastiques locales dans l’Europe médiévale thanks to the accompanying blog, also called Corpus synodalium. Let’s have a look at this project which charts literally vast stretches of medieval Europe.

A database and a blog

The international community of scholars in the field of medieval canon law is not very large. In it lawyers, historians and theologians work together, contributing from each discipline the necessary methods, approaches and knowledge needed to study this field successfully. For some people an American project with a title in Latin and a French subtitle may perhaps look a bit eccentric, but it is typical for this interdisciplinary field. There are several blogs at the international Hypotheses network with a Latin name and a subtitle in another language.

Banner Corpus Synodalium

The project Corpus synodalium is at home at Stanford University. Its aim is to trace the records of local ecclesiastical legislation from medieval Europe between approximately 1215, the year of the important Fourth Lateran Council, and 1400, and to create a repertory with the texts of diocesan statutes and the records of provincial synods. The project description points to the large number of relevant texts, some two thousand, and their scattered presence in archives and libraries. This situation has contributed to a relative neglect of this resource type for the study of the medieval church and medieval canon law. Rowan Dorin (Stanford University) leads the project. Among the members of the advisory committee are Abigail Firey and Charles Donahue. Behind the name of Charles Caspers only his institute has been mentioned, the Titus Brandsma Instituut, a center created by the Radboud Universiteit Nijmegen and the Dutch province of the Carmelite order for the study of mysticism and spirituality.

The database of the Corpus synodalium is accompanied by further documentation, You can find here information about the progress of the project and also about the use of Philologic4, a well-known tool for text analysis and retrieval created at the ARTFL center of the University of Chicago. There is an explanation about the database fields and a set of guidelines for the transcription and editing of sources. The bibliography (PDF) contains information about the printed and handwritten sources used for this project. The list of further resources may contain only the great sources of medieval canon law from Gratian onwards, but the team provided links to digital versions of them. I had not yet spotted the digital version of the Decretum Gratiani, the Liber Extra (Decretales Gregorii IX), and the Liber Sextus of pope Boniface VIII at the website of the Scholastic Commentaries and Texts Archive (STCA); other collections and commentaries are already announced, but they are not yet present. The overview of texts already made available at SCTA is impressive. There are sections for canon law, statutes in canon law and civil law, meaning Roman law; the latter section of STCA is still under development.

As for the database of Corpus synodalium you can approach it in three ways, as a proper database, both in the original version and a normalized version, accessible after registration with Rowan Dorin, and as an online spreadsheet (viewing only, last update May 2019; 7,2 MB). Even a look at this spreadsheet is already interesting. The information has been put into thirty fields. It is possible to query for dioceses, church provinces and countries, the year of creation, the ecclesiastical authority involved – sometimes papal legates – and their regnal years. Critical editions are indicated and in their absence information about manuscripts. Aspects such as language or fragmentary tradition can be researched, too. When possible the digital presence of editions and sources has been recorded, and also the status of each entry.

Results screen database Corpus Synodalium

The results screen of the Corpus Synodalium database

The database opens with a screen offering two ways of browsing the contents, on the left using the names of the locations and on the right a choice from five centuries, 1100 until 1600. As an example of a diocese I choose here Tournai (Doornik). Two results appear on the left. On the right a block comes into view with several filters you may want to use. In the top right corner above the box with the filters is a tiny button Map All Results which leads you to the map; this button will be made more visible. You can also use another button in the top right corner to export the records ID’s you have found.

Example metadata in the Corpus Synodalium

When you click on a search result you can check either the metadata or go to the text edition. In the menu bar below the title of the database you have not only a general search field, but also four distinct search options: the concordance, a representation of search results as keywords in context (KWIC), collocation for establishing connections between particular terms, and the time series option for showing occurrences over time. In the dark grey bar are clickable areas enabling you to go to the project homepage, the user guide, to a feedback form and to Philologic4. With the button Show search options you open an advanced search mode. You can even tune your search to include approximate results, and sort results in the order you deem useful.

The subtitle of the project may lead you to infer only statutes and synods from France have been included, but the corpus does contain information on all regions of medieval Europe, including the British isles. Texts from 1181 to 1495 have been included. Before you jump into doing statistical work it is good to note that for some three hundred items the date has been entered between brackets, but they can be viewed in chronological order. For this particular reason only it is sensible the team put in additional field concerning the date and time of texts.

In order to get access to the database I contacted Rowan Dorin who provided me with the necessary information. He urges users to look first at the latest progress report (PDF) and look at the information provided about the project before entering the database and returning too quickly with the impression some things are still missing. The report (April 2019) makes clear the database will eventually contain nearly 2,200 texts. Nearly 1,300 texts have now been transcribed and fed into the database. Some 300 texts have never before been published.

With the report firmly in my mind I start looking for texts in the database stemming from the Low Countries. After all, in 2020 you remain entitled to my Dutch view! I checked for documents concerning the medieval diocese Utrecht. There are twenty texts mentioned for Utrecht between 1291 and 1355, all edited by J.G.Ch. Joosting and S. Muller Hzn. in the fifth volume of their source edition Bronnen voor de geschiedenis der kerkelijke rechtspraak in het bisdom Utrecht in de middeleeuwen (8 vols., ‘s Gravenhage 1906-1924). Alas there is no online version of the complete set. The Dutch Royal Library has digitized only three volumes of the set at the Delpher platform, luckily for this post apart from the volumes 2 and 6 also volume 5. In this case there is probably also a copyright problem for the newer volumes.

However that may be, I could check this edition quickly. I noticed the synodal statutes of bishop Dirk van Are, issued in 1209 and reissued by bishop Wilbrand van Oldenburg in 1236 (vol. V, pp. 48-53) have not made it yet into the spreadsheet and the database. These statutes had been published already by the near namesake of Samuel Muller Hzn. (1852-1915), his nephew Samuel Muller Fzn. (1848-1922), son of the famous book dealer and collector of engravings and pamphlets Frederik Muller, in Het oudste cartularium van het Sticht Utrecht (The Hague 1892) 172-178. The team at Stanford adds for two statutes from Utrecht information about a much older edition, the Concilia Germaniae edited by Johann Friedrich Schannat and Joseph Hartzheim (11 vol., Cologne 1759-1790). For the synod in the archdiocese Cologne held in 1332 by Heinrich von Virneburg not only the edition by Joosting and Muller is noted (V, pp. 1-43), but also those in the Concilia Germaniae IV, 282-285 and by Mansi, vol. XXV, cols. 723-726. Seventeen statutes have been connected with this archbishop, and the information about their manuscript tradition, (partial) editions and relevant literature mentioning them is excellent.

Looking beyond the database

Of course the Corpus synodalium is not a creation ex nihilo. There is a steady flow of studies and editions. Twenty-five years ago Joseph Avril wrote his most valuable article ‘Les décisions des conciles et synodes’ for the volume Identifier sources et citations, Jacques Berlioz et alii (eds.) (Turnhout 1994) 177-189. At the university of Bonn you can find the Bibliographia Synodalis Iuris Antiqui (BISA) with both a German and an English interface. The repertory for relevant sources from France exists already for a half a century, Répertoire des statuts synodaux des diocèses de l’ancienne France du XIIIe à la fin du XVIIIe siècle, André Artonne, Louis Guizard and Odette Pontal (eds.) (Paris 1969). Odette Pontal contributed the volume Les statuts synodaux for the Typologie des sources du Moyen Âge occidental (Turnhout 1975). Avril and Pontal edited numerous French synodal statutes. The bibliography of Jakub Sawicki appeared even earlier [Bibliographia synodorum particalarium (Città del Vaticano 1967)]. These works are just a few examples of repertories, studies and editions.

Let’s not forget to look at the blog of this project! The category cartographie of the blog enables you to follow the progress of the integrated digital map of medieval ecclesiastical jurisdictions using the ArcGIS system, more specifically for church provinces and dioceses. It took me some time to spot in the database the tiny button which opens the map. If you insist in having a preview of the map you can open it also separately, but currently only the black-and-white version is working. The changes in the boundaries of dioceses and church provinces will also eventually become visible. The posts do not tell which product of the ArcGIS product line is used. The reason behind the somewhat hidden place of the map is a clear wish to create publicity only when the map and the database come close to perfection. The blog informs you about the regular international workshops around the project held since 2018. It tells you also how Rowan Dorin started in 2011 to create the overview of relevant sources for the Corpus synodalium. He intends to launch the project officially in June 2020.

A preview of things to come

After using the database for several days it is time to write about my first impressions. Even though what I saw is really a preview of things to come, I can only applaud the efforts of Rowan Dorin and his team. I would have been happy with having only an online repertory of resources for studying diocesan statutes and provincial synods, but here you get also access to the texts themselves of these resources. The Philologic4 database enables you to study these texts in other ways than you would do when using a printed edition. The European scale of the Corpus synodalium is most welcome. The visualization of results on an online map invites you to make comparisons outside the corner of Europe you happen to be studying.

Of course the database has not yet been completed. The navigation and the visibility of some buttons and search fields certainly can and will change. The user guide will in later editions include guidance for navigating the database. The map does not yet show all its qualities and even adjustable colors, but it will become an example of mapping medieval data on a scalable online map. Dorin is even considering the option of bringing in directly the major texts of the Corpus Iuris Canonici, too, for further enhancing the research possibilities of this project. As for now, it is wise to keep in mind some elements may appear to be incorrect or in need of adjustment in their current state, but you should not hesitate to send your comments and corrections to the team at Stanford which deserves the gratitude of legal historians, of medievalists in general and in particular of all those studying the history of medieval canon law.

The Italian thing: A look at a new palaeography tutorial

Startscreen "Italian Palaeography

How can you embark on studying original manuscripts and archival records or the digital versions of these documents? The number of online tutorials for Italian palaeography is distinctly low in view of the sheer number of digitized resources concerning Italy’s medieval and Early Modern history. The new online tutorial Italian Paleography created by the Newberry Library in Chicago and the University of Toronto Libraries is most welcome. What are its qualities? How does it stand the comparison with the earlier project of both partners for French Renaissance Paleography? Of course I will also look at the presence of elements directly touching upon legal history.

At the outset

Logo of The Newberry Library, Chicago

The activity of The Newberry Library in the field of medieval manuscripts and archival records is not a new phenomenon. A number of its departments and centers deal with resources from Europe. There is a concise page about palaeography. The Newberry Library can be proud of its fleet of introductory guides, too. The Digital Newberry brings you to numerous collections and virtual exhibits. The Newberry has created five crowdsourcing and transcribing projects. In their fine Introduction to manuscript studies (Ithaca, NY, 2007) Raymond Clemens and Timothy Graham liberally used manuscripts and other documents from the Middle Ages and Renaissance held at The Newberry.

Logo Medici Archive Project

The University of Toronto Libraries can point among their digital collections to no lesser project than the Medici Archive Project. The Thomas Fisher Rare Book Library has digitized a fair number of its manuscripts, to mention just one example, and it has placed a number of its digitized collections in the Internet Archive. The presence in Toronto of the Pontifical Institute of Mediaeval Studies is a gem for medievalists. I explored a number of scholarly institutions in a post about the international congress of medieval canon law held at Toronto in 2012.

The number of digital collections with archival records from Italy is every bit as high as you might suppose. I counted some thirty projects for Italy on my web page about digital archives. If you want to get an indication of the number of digitized manuscripts in Italy DMMap quickly shows you some thirty collections, excluding those digitized at the Vatican Library with currently well over 18,000 manuscripts. These high figures should make scholars in and outside the Italian peninsula happy, provided you are able to decipher these documents and manuscripts. In earlier posts here I looked for example at the Progetto Irnerio for medieval legal manuscripts in Bologna and at the book series edited by Giovanna Murano about autograph manuscripts of Italian authors. You can use the tag Italy of my blog to find more relevant posts.

One of the reasons there are only few online manuals for Italian palaeography is the presence at several Archivi di Stato and also at the Vatican of a scuola di archivistica, paleografia e diplomatica. Universities do offer courses in palaeography, too. I have found only three free accessible online resouurces for Italian palaeography, the Materiali didattici per la paleografia Latina created by Antonio Cartelli and Marco Palma (Università degli Studi di Cassino) who deal mainly with medieval manuscripts, and the Lezioni di paleografia of Renata di Simone (Archivio di Stato di Palermo) with an introduction to medieval paleography and book history (PDF), both of them in Italian. There is a tutorial in English for Early Modern and nineteenth-century Italian documents at BYU Script Tutorial. By mistake Spanish is used in the Italian version of this tutorial on the platform created by the Brigham Young University. The thirst for people in the Anglo-American hemisphere to be able to use an introduction in English is understandable. This is a real need, and the new tutorial does tackle this challenge.

The Italian thing

Much what can be said about the website for French Renaissance Paleography applies also to the new tutorial Italian Paleography which was launched on July 25, 2019. The section with manuscripts leads you to a hundred examples of handwritten books (80 items) and documents (20 items). You can filter them by genre, period, script type, reading difficulty, region and holding institution. This choice of examples seems to have been in favor of manuscripts. For the regions the general localisation “Italy” seems a bit vague. For all other aspects the choice seems quite balanced. 31 items touch the field of politics and government, twelve have been labelled “Law”.

Among the items at Italian Paleography concerning law is a register of criminals executed in Venice, written around 1775 (The Newberry, VAULT Case Ms 6A 34). Its resource type has been indicated as manuscript book, but surely this is not a manuscript in the codicological sense, but an archival document in book form, with bound leaves. The tutorial show only four of the 59 pages. With respect to the type of resource the descriptions have been made in accordance with the Library of Congress’ Thesaurus for Graphic Materials.

Supplication, 1469 - The Newberry, Wing MS folio ZW 1 .469 recto

Supplication, Milan 1469 – The Newberry, Wing MS folio ZW 1.469 recto (detail)

A document from 1469 is perhaps a better example to show here, a supplication to the lord of Milan to reverse a condemnation.

The address of the supplication, 1469 - image: The Newberry

The address of the supplication, 1469 – The Newberry, Wing MS folio ZW 1 .469 (detail of verso)

This document is of course shown in its entirety. The supplication has been written in a very fluent hand, but the address on the back and the note below it show a less polished handwriting. In fact the main text of the document was written by a writing master. For each item of the tutorial a link is provided to the catalog description, a transcription and a background essay. This is really helpful, and anyone learning to read these documents should learn also not to turn to the transcriptions too soon. I will come back to the detailed description of the script(s) in documents given in each background essay.

The second section of the website is a concise handbook on the development of scripts used in Italy and the rise of the vernacular language. Two much older items have been included among the examples to show the most important points of departure. At the core of this website is not just the study of books and documents from Italy, but also very much the study of books and documents written in the Italian language. The description of the writing hands for the examples is given in Italian. For each phase and script type the relevant examples are listed.

The next section, the appendix, offers you access to a number of digitized calligraphy manuals and historic maps. The resources section leaves little to desire. There is not only a handy overview of the transcriptions and background essays, but also a glossary of palaeographic terms, an overview of relevant dictionaries, a bibliographical section and a section on transcription standards and metadata standards. The sections on abbreviations and symbols, teaching materials and the history of the project do not yet contain information.

I have saved perhaps the best thing for the end. At the start page of Italian Paleography you will find a number of short introductions to palaeography as a subject, its history, some tips and tricks, and also two videos in the right hand menu. In particular the page New to palaeography helps you for quick orientation into Gothic, mercantesca, cancelleresca, humanistic and italic (cursive) script. After creating an account for this website you can make transcriptions at this website using T-PEN (Transcription for Palaeographical and Editorial Notation). Thus this online tutorial offers you also a way to familiarize yourself with this important integrated tool.

Some differences

Banner French Renaissance Paleography

When you compare Italian Paleography with its older sister French Renaissance Paleography it is understandable some sections have simply not yet been filled. The website for France has a very similar structure. A clear visual difference are the interactive map and the clickable tags for topics and time periods. Reference materials can be found under a separate heading, not as a part of the resources section. The main parts of the website are listed on the start page. The section “About French documents” is empty. The presence of its logo on the start page declares more openly the use of T-PEN. There is a page Get started which in my view helps you initially as good as the videos of Italian Paleography. These differences amount mainly to a judicious remix of elements.

Logo UTL

Both websites are hosted by the University of Toronto Libraries. Their logo deserves a place next to that of The Newberry at the top of both online tutorials. At the bottom other institutions are mentioned as well. A number of libraries and institutions in the United States have graciously provided materials for this website. It is fair to conclude after this quick tour that both tutorials fulfill their purpose eminently. The combination of attention to documents with the Italian vernacular and the use of Italian for a very particular part of the descriptions rightly stress also the need to master the Italian language to some degree if you want to study sources in Italian. This linguistic demand combines with the need to be able to read the various kinds of scripts, some of them really challenging, and makes it clear doing history is not just a matter of reading texts translated into your own language and reasoning about them. Thus material and very physical aspects can help teaching you to look beyond the content of a document to its context. You simply need training for a number of essential activities in doing historical research.

The Italian tutorial shows an agreement from 1466 with an artist about the decoration of a chapel in the Sant’Antonio basilica in Padua. Art historians might be tempted to contemplate the very interesting sketch of the decoration plan in this document, and to forget the legally binding agreement. Legal historians should be seduced to look not only at the agreement itself, but also at the matter at stake and the possibility of putting artistic purposes and procedures into a clear legal framework. It is my sincere wish to the team for Italian Paleography that many students and scholars may benefit from their work. Just like its counterpart for French palaeography the training it offers can greatly assist your research in Italian manuscripts and archival documents. It will save you time and the efforts to learn things only when you arrive in Italy or have found the digitized items you are looking for at your computer screen.

Archiving spies in the Early Modern Spanish empire

Cover exhibition catalogue "Espias"While musing about a possible subject for a new post I luckily remembered an announcement about a vital element within the Early Modern Spanish empire. Not only official ambassadors and delegates played an important role in informing governments, spies played an important role to. From July 2018 to July 2019 the Archivo General de Simancas presents the exhibition Espias. Servicios secretos y escritura cifrada en la Monarquiaa Hispánica [Spies. Secret services and enciphered writing in the Spanish monarchy]. The Spanish Empire formed with the Habsburg Empire a European superpower which needed crucial information from other countries, but also wanted to hide their own secrets from others. In this post I will looked at the very substantial downloadable catalogue of this exhibition (54 MB, PDF). In particular the use of encrypted writing made me curious to find out about this exhibition with three main themes: the organization of intelligence services, the spies and encrypted writing.

Archiving at Simancas

A few lines about the Archivo General de Simancas (AGS), ten kilometers from Valladolid, seem in place here. in 1540 emperor Charles V decided to create a new governmental archive, and quickly Simancas was chosen as its location. King Philip II of Spain issued in 1588 a further instruction for the running of this new archive, in fact one of the first Early Modern archival ordinances. Ten years earlier, in 1578, a new building was built for this purpose, yet another pioneering project of this period. The collections can be divided in two major blocks, the collections stemming from the Habsburgian period and those from the period under the rule of the Bourbon dynasty. The collections of the various consejos (councils) for the regions of the Spanish empire are characteristic for the AGS. For the Bourbon period five major series for the secretaries and again five series for other organisms of the state are the key elements. Outside these series you can find the Patronato Real y Mapas, Planos y Dibujos, with maps, drawings and much more.

Cover of the "Guia del investgador" for the AGS

By all means the AGS can look literally as a formidable fortress! Guides such as the Guía del investigador by Angel de la Plaza Bores (4th ed., 1992; online, 5 MB, PDF) help much to overcome your awe. In her article ‘Fuentes para la historia colonial de Brasil en los archivos españoles’ , published in 2009 in the series Guide du chercheur americaniste of the online journal Nuevo Mundo/ Mundos NuevosMaría Belén García López devoted a section to the use of archival record series at the AGS for researching the history of relations between Spain and Portugal with regard to Brazilian history. In English you might want to look at a 2014 contribution about Simancas by Claire Gilbert at Hazine. In 2016 Adolfo Polo y La Borda looked very brief at Simancas and other major Spanish archives in his post ‘Rethinking the Spanish Imperial Archives’ for the series Fresh from the archives of Dissertation Reviews. The Portal de Archivos Españoles (PARES) offers a kind of tree structure which you can navigate to find not only online finding aids but also digitized archival records. At first this might look difficult, but the online guide Taming PARES by Scott Cave and Ashleigh Dean is a must-read to gain access to all riches of PARES. There is a separate website for the digital collection with 7,000 digitized items from the Mapas, Planos y Dibujos of the AGS. A much older guide by William R. Shepard, Guide to the materials for the history of the United States in Spanish archives. (Simancas, the Archivo histórico nacional, and Seville) (Washington, D.C., 1907) can be viewed online in the Hathi Trust Digital Library. German readers might want to look at Marc André Grebe, Akten, Archive, Absolutismus? Das Kronarchiv von Simancas im Herrschaftsgefüge der spanischen Habsburger (1540-1598) (Madrid 2014).

Early Modern spies

Spy report 1572 - AGS

Detail of a deciphered spy report on fortifications in Piedmont, 1572 – AGS, EST LEG 1234-48

In the preface of the exhibition catalogue Julia Rodriguez de Diego explains how the study of the history of spies, their networks and tools is important for at least three main terrains, viz. the growth of absolute monarchies, the history of Early Modern diplomacy and the field of political theories, even its very heart, the building of states and concepts of states and Staatsräson. The first part of the catalogue deals with the organization of espionage at several levels with the Spanish state. In 1497 the pope authorized the Reyes Católicos to send spies into Africa. It seems the Spanish government scarcely needed this spur, but it proved to be a welcome confirmation. In the catalogue you will find discussions of several documents, for example instructions to virreyes (the viceroys of Navarra, Naples and Sicily) and gobernadores (the governors of Milan and Flandes, meaning the Low Countries). The chart with several layers of the Spanish state is very helpful to perceive the impact and role of intelligence services within and for Spain. Juan Velasquez de Velasco, head of the royal intelligence service at the end of the sixteenth century, wrote to the king about the urgent need for coordination of all efforts. As an example of actual reconnaissance by spies you can look at a 1572 report on French fortifications in the Piedmont region with explanations about a map showing details of these fortresses. A number of documents about payments to spies closes the first section of the catalogue. Here and elsewhere you will find images of documents and substantial transcribed parts in the commentaries.

Encrypted message, ca. 1588-1621 - AGS

An encrypted message written on linen, ca. 1588-1621 – AGS, MPD 44-48

The second and largest part of the catalogue deals with actual spies. Spies might be the word we want to use, but agents is a better term. The Spanish agents delivered reports in encrypted script, here an example written on linen using an unknown cipher code. A late sixteenth-century treatise on counter espionage (AGS, EST LEG 601-183) shows insights in the way enemy spies were hindered in achieving foreign objectives. Spies travelled over all Europe. Venice was considered the very spy capital of Europe. Some documents in this exhibition tell us about spies going to the Ottoman empire. The Spanish spies reported also on the roles and fate of spies from other countries. Corsairs were another matter of concern, as in a 1535 report about preparations for an attack at Oran. Rather grim is the story from 1536-1537 in Naples of the interrogation of a person suspected to be a judeoconverso, a converted Jew, and of being a spy for the Ottomans. Some time later he was found drowned in a river. The story of a spy working in Ireland to get information about British industry and inventions is another interesting subject. The contemporary picture of a spy heading this chapter is a nice vignette of the perceived qualities of a spy, working day and night, always watching out as if he had eyes all over his clothes. A paragraph on famous spies is a logical ending for this section of the catalogue.

The uses of encryption

Encrypted negotation report - AGS

An encrypted negotiation report by ambassador Rodriguez Gonzalez de la Puebla, 1498 – AGS, PTR LEG 52-144, fol. 2r

The third part of the catalogue deals with encryption and its uses. The traditional main ways of encryption were substitution or transposition of letters and hiding written messages. For a late fifteenth-century example of a simple cipher code with 2,400 expressions the use of Roman numbers is shown for the names of particular authorities. The code was used by the Spanish ambassador in England who negotiated for the marriage of Catherine of Aragon with Arthur Tudor, the king’s brother. It is good to see the catalogue uses here an article by María del Carmen Sevilla González, ‘Las nupcias de Catalina de Aragón: aspectos jurídicos, políticos y diplomáticos’, Anuario de Historia del Derecho Español 86 (2016) 657-726. Several documents help to give you an idea of what happened behind the screens before king Henry VII agreed in 1504 with the marriage conditions of Catherine’s second marriage in 1503 with the future Henry VIII in a beautiful illuminated document [AGS, PTR LEG 53-1].

In a final paragraph the catalogue shows examples of both general and particular cipher codes. Much of the information given here comes from a recent study by Javier Marcos Rivas, Los dueños del secreto. Espías y espionaje de la Monarquía de los Austrias en el Archivo de Simancas (Madrid 2015). A document from 1564 shows not only a text but also two bars of music [AGS, Estado, leg. 1.1.1.204]. The AGS has in its holdings a manuscript of an unpublished study by Claudio Pérez Gredilla, written in 1899 and 1900 about 200 different cipher codes found in the holdings of this archive [AGS, D/203]. The very last item is really a surprise, a 1936 German Enigma code machine from the holdings of the Museo Histórico Militar de Burgos. This object is really from another age of cryptography. It highlights the fact this catalogue focuses on the sixteenth and seventeenth centuries.

With some regret I have skipped a number of items in this exhibition catalogue, just as i have condensed four centuries of archiving at Simancas. To give just one example, a document with microscopic script from 1586 is presented separately online. You will agree with me the exhibition builds to a climax with the marriages of Catherine of Aragon and the presence of an original Enigma code machine. A particular strength of the catalogue is the ample use of images from archival records combined with partial transcriptions and extensive commentaries. To some extent you can use this catalogue also as an introduction to Spanish palaeography in the Early Modern period. This exhibition fits neatly in the tradition of the AGS for organizing interesting exhibitions, sometimes followed by a virtual exhibit, and publishing accompanying publications. It should invite you to combine your strengths in the Spanish language and the skills of the auxiliary historical sciences such as palaeography to benefit from the wealth of archival records kept at Simancas and in other Spanish archives.

Laws in the Early Modern Persian world

Detail of startscreen LawformsAt the start of the new year I prefer to honor the tradition of looking at the legal history of a classical Empire. In previous years you would find here in January first of all a post about Roman law. However, the new post on Roman law is not yet ready, but luckily another empire of law came into view. Lawforms – Forms of Law in the Early Modern Persianate World is a new blog at the Hypotheses blog network. The blog reminds you of the large extension of the Persian empire in the Early Modern period, from Eastern Turkey to parts of Afghanistan, but the Persian language and literature had an impact far beyond such borders. In this short post I will look at this international project which runs from 2017 to 2022. The focus of the project will be on the Indian subcontinent.

Another empire

The focus of the Lawforms project will be on Persian and bilingual legal documents and their users. The project distinguishes five linguistic zones. Among the subjects of interest is the impact of the European world on legal practices and the use of one or more languages. The three principal researchers in this project are Nandini Chatterjee (Exeter), Christoph Werner (Marburg) and Farah Bishara (University of Virginia), supported by two research associates in Delhi and Kolkata. The blog presents a number of field work reports, for example for regions with Bengali and Marathi, and for the Punjab. Other post tell us about work. In one case the director of the Rajasthan State Archives came to the South Asia section of the British Library to discuss the project and plans for digitization. I could not help spotting in this post the absence of the link to the website of this institution in Bikaner. The Directory of Archives created by The Memory Company leads you to a number of archives in India, Nepal and Pakistan. For India the list of archives at Wikipedia is very helpful.

On July 13-14, 2018 a workshop was held at Exeter on the theme of transactions and documentation in the Persianate world. The blog gives you the abstracts of contributions. One of the sessions in Exeter was devoted to Asnad, a database hosted by the Centrum für Nah- und Mittelost-Studien, Philipps-Universität, Marburg, until now a digital archive for Persian documents mainly from Iran held at several institutions. From 2019 onwards it will be extended to contain also images of documents from South and Central Asia.

Fragments and archives

The most recent contribution at Lawforms is a  notice about a conversation in Charlottesville, VA, between Farad Bishara, the author of A Sea of Debt. Law and Economic Life in the Western Indian Ocean, 1780–1950 (Cambridge, etc., 2017), and Nandini Chatterjee. At the core  of their conversation is the tension between views about legal consciousness and the sometimes arbitrary survival of records and documents in archival institutions. The levels to be researched cannot been seen in a fixed constellation with for instance legal manuals, dictionaries – see the post on a Persian/Bengali dictionary from 1838 by A.B.M. Shamshuddoza – and legal documents. The notice ends with some remarks on the way public records can refer to privately held views and vice versa.

One of the reasons I tried here to look here albeit rather briefly at a project concerning the Middle East and South Asia is the presence at my website Rechtshistorie of a growing overview of archives worldwide, including also Asia. I will not dare to venture into the field of India’s legal history without mentioning here South Asian Legal History Resources, the blog of Mitra Sharafi (University of Wisconsin). It is really a portal for anyone wanting to study India’s legal history. She can provide you also with a host of links to websites with tips and strategies for productivity. Let’s hope the quality and quantity of your research, writing or teaching can attain the right levels in 2019!

Powers around the corner: Musing about old houses

Many blogs honour the tradition of a seasonal post for the end of the year. Alas I cannot offer you recent pictures of Utrecht with snow, but over the years I have found another thread for my contribution to this genre. A bit of frost and foggy weather brought me in the right mood for it! The main squares in Utrecht are not very large. The Vredenburg square named after a sixteenth-century fortification has become quite small. The Domplein square is not much more than the space between the remaining choir of the former cathedral and the Domtoren. Only the Janskerkhof is a real square around a church. The Janskerk was a collegiate church with houses for the canons around the churchyard and in adjacent streets. Even to my own surprise the Janskerkhof comes into view here at many turns. In this post it has even an unexpected role in the work I do at present at Het Utrechts Archief, the municipal and provincial archives of Utrecht. Much of my knowledge comes from the website Huizen aan het Janskerkhof [Houses at the Janskerkhof] created by Caroline Pelser.

The Hardenbroek family and the Janskerkhof

Gomdolas in the Dirft near Janskerkhof 12, 1714

N. Chevalier, Gondolas in the Drift near Janskerkhof 12 during a feast given by the Portuguese servants of the count De Tarouca in 1714 – Utrecht, Het Utrechts Archief, cat. no. 32392

At Het Utrechts Archief I assist in the creation of a new and very extensive finding aid for the archival collections from the castle Hardenbroek near Cothen and the families connected with its owners. I mentioned this castle in June in my post about manors and castles in Utrecht. Caroline Pelser gives for four houses at and near the Janskerkhof documentation in which members of the Hardenbroek family appear, I will focus on one particular house, but let’s start with three other houses. In 1684 Johan van Hardenbroek and his wife Florentina van Mathenesse, scion of a rich family connected with Rotterdam, rented one half of the house with the current address Janskerkhof 12, now used by the Molengraaff Institute for Private Law. Near this building is a relief in honour of Willem Molengraaff (1858-1931), a famous law professor, as you can see on my photograph in an earlier post.

A century later, in 1788, Florentina Elisabeth van Hardenbroek rented the house at Drift 11. Its most famous inhabitant was Christophorus Buys Ballot (1817-1890), the founder of the Dutch meteorological institute and still known for Buys Ballot’s law, one of the few meteorological laws. This house, too, eventually became for some time home to a university institute; it houses now the office of a charitable institution.

The Voorstraat is the street around the north and west side of the area once forming the immunity or precinct of the chapter of St. John. At Voorstraat 79 Karel Gijsbert Jan van Hardenbroek rented in 1911 a room as a student at Utrecht University. Currently the building is united with Voorstraat 77, at the corner with the Boothstraat leading directly to the Janskerkhof, and used for a restaurant.

The former Ridderschapshuis at the Janskerkhof

However inglorious Voorstraat 79 might now be, with Janskerkhof 2 you encounter one of the most impressive buildings around the Janskerkhof. It lies directly adjacent to the building used by the States of Utrecht, the Statenkamer, the premises of a former Franciscan convent. Recently the buildings of the Statenkamer have served Utrecht University for many years as the home of the Law Library, yet another familiar spot for the readers of this blog. Janskerkhof 2 has the strongest connection with the Van Hardenbroeks. The house came in the seventeenth century in the possession of Cornelis Booth, a city councillor who was very interested in the history of Utrecht. He did not sell this house when he moved to the house which is now Boothstraat 6 at the north side of the Janskerkhof. His manuscripts kept at Het Utrechts Archief are invaluable sources for the history of the town and province Utrecht (collections no. 355, Verzameling Buchel-Booth, and no. 759, Familie Booth).

In 1766 the States of Utrecht bought the house at Janskerkhof 2 in order to enlarge the premises of the Statenkamer, but in 1774 they sold it to Gijsbert Jan van Hardenbroek (1719-1788), member of the Ridderschap, the gentry forming the Second Estate in the States of Utrecht. When he became its president in 1781 the members convened in his house they started calling the Ridderschapshuis. In his will he stipulated the gentry would inherit his house. In 1824 a nephew, Ernest Louis van Hardenbroek (1774-1843) lived in it. Only in 1850 the Provinciewet made an end to the function of the gentry in the provincial states. The former members of the gentry formed a society under civil law and used the Ridderschapshuis until 1880. In 1881 at last the building of the former Statenkamer at Janskerkhof 3, since 1816 owned by Utrecht University, was connected to Janskerkhof 2. Hence a later inhabitant, A.A.W. Huybrecht (1853-1915), a zoologist and a pioneer of modern embryology, lived directly next door to his lecture hall and laboratory. A short article by L.M. Rutgers van Rozenburg about Janskerkhof 2, ‘Geschiedenis van het Ridderschapshuis te Utrecht (1781-heden)’. Maandblad Oud-Utrecht 56 (1983) 172-174, can be read online. Utrecht University Library maintains the online bibliography for the history of Utrecht in which you can find more publications about many subjects touching Utrecht, sometimes enhanced with links to digital versions.

Portrait of Gijsbert Jan van Hardenbroek-image RCE

Portrait of Gijsbert Jan van Hardenbroek – Castle Hardenbroek – photo: A,J. van der Wal, Rijksdienst voor het Cultureel Erfgoed, object no. 400.410

Gijsbert Jan van Hardenbroek is the best documented member of the Van Hardenbroeks, The new inventory will show many aspects of his activities in various functions, For example. he was not only a very active member of the States of Utrecht, but also member of the Staten-Generaal. It is tempting to give here teasers from the archival records at Het Utrechts Archief. They shed new light on his memoirs edited by F.J.L. Krämer and A.J. van der Meulen, Gedenkschriften van Gijsbert Jan van Hardenbroek, heer van Bergestein, Lockhorst, ‘s Heeraartsberg, Bergambacht en Ammerstol, president der Utrechtsche ridderschap, gedeputeerde ter Generaliteitsvergadering enz. (1747-1787) (6 vol., Amsterdam 1901-1918).

Being the lord of Bergambacht and a castle in this village resulted in a number of archival records which are essential for studying this location and the area around it in the current province South Holland. Looking at his house in Utrecht so closely connected with his functions helps to see his castle Hardenbroek in the right perspective. However, other Van Hardenbroeks are every bit as interesting as this remarkable member of a family tracing its ancestors back into the fourteenth century. If you want to pursue the history of the houses at the Janskerkhof in more detail you can use the online version at the Digital Library for Dutch Literature of the descriptions given in the standard work by Marceline Dolfin, E.M. Kylstra and Jean Penders (eds.), Utrecht. De huizen binnen de singels (2 vol., The Hague 1989). Caroline Pelser has added links to the specific sections in this work for a particular house at the end of each web page.

The new inventory of the family and castle archive Van Hardenbroek is the result of nearly twenty years work by C.A. van Kalveen, and I am happy to help him finishing it at the Utrecht archives. One of my colleagues at Het Utrechts Archief, Floortje Tuinstra, has written an article about the houses rented by the delegations negotiating from 1712 to 1714 the treaties of the Peace of Utrecht [‘De Vrede van Utrecht gelokaliseerd. Huisvesting van de diplomaten’, in: De Vrede van Utrecht. Jaarboek Oud-Utrecht 2013, 69-94]. Her article alerted me to the etching with the gondolas in the Drift canal. Houses at the Janskerkhof and surroundings streets, too, served as residences for some of the delegations. If you would like to find more images of the Janskerkhof, the Ridderschapshuis and the Statenkamer, you can search for them at the website of Het Utrechts Archief, and also in the image database of the Dutch Heritage Agency, the Memory of the Netherlands and the Atlas van Stolk. Last but not least I should recommend the website of Caroline Pelser and her very useful overview of sources concerning not only the Janskerkhof but in particular the legal history of both the town and province Utrecht.

Mixed seductions: Combining global history with digital research

Tag cloud of Putnam's article created with WordItOut

Having a daily increasing number of digital resources within your reach can be both a blessing and a bane. It is seducing to think you can find everything in digitized sources. Lara Putnam (University of Pittsburgh) challenges historians in her article ‘The Transnational and the Text-Searchable: Digitized Sources and the Shadows They Cast’, American Historical Review 121/2 (2016) 377-402, to reflect about their research practice and research methods. She warns us to distinguish carefully between getting data and searching results in a digital world, and gaining real insight into historical developments. How realistic is her image of historians sitting behind the computer screen wallowing in online sources at one side, and historians immersing themselves in actual historical sources? Putnam’s article invites us to rethink the essential qualities of being a historian. At my blog you can find contributions dealing with many countries, and the transnational turn is often combined with the use of texts available in digital formats. The practices Putnam wants to signal are present here at my own blog, and thus it is not only understandable but a must to look carefully at this article.

Logo World History Association

Global history might at first seem a subject way out of your normal territory or territories. However, I could count on the congress calendar for legal history at my blog for 2016 at least four conferences which aim at dealing with world history, starting in Heidelberg (June 20-22, 2016): Law, Empire and Global Intellectual History, Cartagena de Indias (Colombia) (August 23-25, 2016): Law in a Global Context / El derecho en el contexto de la globalización, Berne (September 7-10, 2016): The World of Prisons. The History of Confinement in Global Perspective, Late Eighteenth to Early Twentieth Century, and Helsinki (October 3-5, 2016): Law between Global and Colonial: Techniques of Empire. The 25th World History Association Conference was held quite close to my country, in Ghent (July 2-5, 2016).

Blessings and curses

When you download the free accessible PDF-version of Putnam’s article it seems at first something went wrong. You look at a wordle showing terms around the word progress using the content of G.G. Iggers’ 1965 study The Idea of Progress. It prepares to some extent the way to an article in which Putnam wants us to rethink the way we do history today as scholars. I felt invited to process Putnam’s text with another tag cloud generator. Let’s first summarize the main line of her article. With the transnational turn, the growing possibility to transcend national borders, a second major change, the digital turn, follows closely. We can swiftly procure and access digitized sources from other continents, and we might even forget we are strictly speaking dealing with foreign territories for which our training has not quite prepared us. Historians do not yet use commonly digital techniques, but they do hunt texts using a host of websites, search machines and portals. This almost unreflected use is rather in contrast with the continuing reflection of those scholars developing and pioneering digital tools and methods. To a far greater extent than we tend to see the way we can search the internet has reshaped the practice of working in the field of international history. The digital landscape has no borders, and this might tempt one to forget about real borders and the impact of topography and local conditions for you research.

In a large second section of her article Putnam looks at a number of cases from her personal research experience in Latin America. Already the sheer preparation of a voyage to find something literally outside your province could be immense. The rule-of-thumb sequence of your own institution’ library/libraries, the nearest large university, the nearest former capital of some empire (Rome, London, Washington), and (large) archives and libraries near or in the region you wanted to study is still recognizable, but today it tends to fade away. Studying a country which was at some point part of an empire often means that cultural institutions have been organized along national lines, or worse, such institutions embody nationalism. In the nineties Putnam faced this situation in Costa Rica.

Among the interesting points Putnam makes is how in some fields of Early Modern history, in particular international history and diplomatic history, it still is possible to view matters in many countries thanks to specific sources, for example diplomatic correspondence and reports. However, here, too, the information you use tends to focus on centers and powers. Peripheral regions and movements were difficult to view, because it was very expensive to look sideward and to find out about regional resources, let alone visit these regions for a research period.

The rapid growth of digitization has made it possible to look at much more materials than before. Knowing about a particular publication was sometimes already a feat, but now you can almost instantaneously view inside a book, be it thank to the preview function of The Inevitable Web Firm or in an ever-growing number of digital collections. Putnam remembers how she used microfilm reels of the Limón Searchlight, a newspaper published in the twenties in Costa Rica. Now you can consult two other Costa Rican newspapers at home, and find out much about people who she had encountered only in a rather cryptic notice in this newspaper. In fact digitization helped her to establish the presence of networks that had been almost invisible before. Even leafing through the Limón Searchlight has become different now, because you know about the way a digital search can open new vistas.

However, the benefits of digital research can have also negative effects. The way you can immerse yourself in the particular sources within your physical reach is radically different from using digital resources which connect records to each other in just a few minutes. You might boast about the sheer number of digital collections and the number of countries you deal with in a publication, but somehow you blend out the tradition of slowly but undeniable becoming intimately familiar with a subject and your resources. Apart from the specific items you might want to track down in a newspaper you would get from it a panorama of what seemed important to people, what surrounded them and gave a place and a time its singular color and flavor. Here Putnam challenges historians to realize how much their practice has changed by the digital turn. It is high time to reflect on the impact of digitization for all aspects of historical research.

At this point I would like to stress the fact any summary can hardly do justice to the thoughtful argument put forward by Putnam. If you only use her article to track down in her footnotes relevant publications about transnational history, digital tools and research methods you would definitely learn a lot, but there is more than a gold mine of references. Putnam urges scholars to distinguish carefully between world history, global history and transnational history. The latter proposes to not just transcend political borders, but any kind of border, and look at subjects, themes and problems at multiple levels and angles.

The most telling danger of relying too exclusively on digital research might be that you can access materials from any point on earth without placing yourself in the very environment you want to study. You will miss the help of local historians and other scholars in a particular region, you will be less aware of their focus, traditions and bias. The translating function of the same multifaceted and omnipresent Web Firm will give you only a rough indication of their language and writing styles. The predominance of Anglo-American digital resources might have weakened, but there is a tendency to follow the lead of American and British scholars and institutions, not to mention the gap between those able to use digital resources to which institutions within your vicinity subscribe, and those unable to get access to them. Instead of an insider’s unique perspective you might unduly distance yourself, and thus lose grip and understanding which nothing can replace.

Matters to debate

The main thrust of Putnam’s article is certainly recognizable. I fully agree with her about the necessity to reflect about the influence of the digital turn which slowly but decisively changes the methods and practice of historical research. You might wonder why a European historian would want to learn something from this article focusing on North and Latin America. It is the very distance that helps me to discern patterns better than when looking at examples from research for European history. At the same time some of the differences can be telling.

While reading Putnam I remembered a book which I had to read as a student with a very particular title, Apparaat voor de studie van de geschiedenis, originally written by Jan Romein, and in later editions edited by J. Haak and J.G.F. Hasekamp. This “Apparatus for the Study of History” gave you indeed what its seemingly odd title promised to offer, a tool with a kind of crossover between a library guide, a reading list and a set of basic country and subject bibliographies, including references to works for the historical auxiliary sciences. Surely a similar book exists for American history. German scholars have the Baumgart, a guide for doing research in German history, but here, too, the scope is sometimes amazingly wide [Winfried Baumgart, Bücherverzeichnis zur deutschen Geschichte. Hilfsmittel, Handbücher, Quellen]The Apparaat did not only contain titles of works in Dutch, but also in English, German and French, and only when strictly necessary in other foreign languages. Spanish works are present at a number of points.

I wonder which languages would figure in the American counterpart of the Apparaat and the Baumgart, because I remembered someone else, too, from my student days, a young American historian working for his Ph.D. thesis at Utrecht with marvellous command of the Dutch language. He told me how lucky he had been to visit a high school which offered a wide range of languages to its students, something not commonly encountered. I could not help asking myself while reading the paragraphs about Costa Rica and the Caribbean whether it would be a natural matter to have sufficient command of Spanish to include resources in Spanish already in a preparatory phase. I am sure there were and are country guides in print for any Caribbean country, but Putnam is right in stressing the fact that guidance often has the national level as its focus.

Yet another basic fact of your training comes to mind, having access to printed works in open stacks or having to rely much more on the catalogs of your institution(s). At Utrecht we had at the history institute not only open stacks but also a special room with rare books. This cabinet served also as a official deposit site for archival records on loan from archival institutions elsewhere. Legal historians, too, can take many books from the shelves of the open stacks at the new premises of the law library inside the city location of Utrecht University Library. At the old location at the Janskerkhof there were even two rooms with rariora for Roman law and Old Dutch Law, and also materials from other European countries. I am convinced this background does influence you more than you might be aware.

As for locating books in my country the Royal Library in The Hague is home to the Nederlandse Centrale Catalogus (NCC), the Dutch central catalogue for the holdings of university libraries, and there is a second central catalogue for a number of regional libraries. In my opinion the online version of the NCC should be available in open access. If I had to start looking for materials concerning the Caribbean I would think about visiting and using the resources of the Royal Netherlands Institute for South Asian and Caribbean Studies (KITLV) in Leiden, the Royal Tropical Institute and the International Institute for Social History in Amsterdam. You could envisage the main cities in the west of my country as a single agglomeration with The Hague, Leiden, Amsterdam and Utrecht all really close to each other. Thus the problem with the 2009 online Guía del investigador americanista en Ámsterdam by Moira Cristiá is not only its brevity and focus on the IISH, but the utter failure to understand how close other Dutch cities with relevant research institutions are.

In Putnam’s list of nearby capitals of former empires Paris and Berlin are conspicuously absent, but you might also question the absence of Madrid, Simancas or Sevilla, all of which figure in other issues of the online Guía del investigador americanista, a service of the multilingual online journal Nuevo Mundo/NuevosMundos. Putnam mentions of course the LANIC (Latin American Network Information Center) in Texas. She mentions in her article only once bibliographies. I leave it to you to think about a punch line to discern between those who use bibliographies and those who do not… The National Union Catalog (NUC), in modern eyes perhaps the forerunner in print of WorldCat, nowadays also available and searchable online thanks to the Hathi Trust Digital Library consortium, does not figure at all. The Hathi Trust has digitized Thomas Leonard’s A guide to Central American collections in the United States (Westport, Conn., 1994), and you might want look there for more. I suppose Putnam left the NUC and the Library of Congress out precisely because it is so natural to start with them. The online version of the Handbook of Latin American Studies and the Hispanic Reading Room are only two starting points at the Library of Congress.

Banner Censo-Guía

However, libraries are probably not so much the problem, but finding out about relevant archives. Each country has not only very different archives, but their coverage is also not uniform. A number of countries have major municipal archives, in other countries these are rare. In some countries university libraries have large archival collections, and in yet another country you find a network of regional archives. It can be hard to find archives outside the governmental system of archival institutions, for example ecclesiastical archives. The famous online portal Repositories of Primary Resources (University of Idaho), once a familiar landmark on the web, is now only accessible in an archived version at the Internet Archive, and you will agree with Putnam about its incomplete coverage and bias. Sometimes you are lucky your chosen country figured in the eighty volumes of the country guides created by the Federal Research Division of the Library of Congress. The Dutch website Archiefnet can be viewed also in English, but alas this overview of archives worldwide is no longer updated, and here, too, the attention outside Europe is for national archives. For many years the Nederlands Archievenblad, the journal of the Dutch Society of Archvists, ran a series with articles about archives abroad. Since many years the Unesco Archives Portal is no longer active. At LANIC you can be disappointed at first by seeing in the country archives guide for Costa Rica only the Archivo Nacional de Costa Rica, but this national archive has created an online Censo Guía de Archivos. LANIC provides you with links to four online directories for archives in the Ibero-American World. The Spanish Censo-Guía de Archivos de España e Iberoamérica will tell you about the great variety of archives and archival collections.

Banner Maps in the Crowd

For Putnam the way the presence of digitized materials can lead you astray is the true heart of the matter. You might be tempted to equate the absence of digital collections with the absence of any relevant archival institution with collections interesting for your research. How can the digital turn and the transnational turn combine into a way of doing research that comes closer to the aims of both movements and developments? Among developments enabling to create a positive influence for the transnational turn Putnam mentions the importance of projects for georeferencing maps. Such maps help in a very concrete way to free yourself from the national perspective, even if such maps were often created by governmental agencies. This example speaks to me a bit more forceful at the very moment Leiden University Library is close to finishing a crowdsourcing project to georeference some 7,000 maps from the collections of the KITLV, Maps in the Crowd. The old search interface is still there, and the accompanying blog can tell you more about this project. The British Library is also working along similar roads to georeference its maps, to give just one other example.

While writing this post I could not help noticing the role of Pittsburgh in global history and digital initiatives. The Carnegie Mellon University has created the Universal Digital Library, with some 26,000 books concerning law and in particular large collections concerning India and China. The East Asia Library of the University of Pittsburgh has digitized a substantial number of rare books in Chinese. The history department has made transnational history into a major focus; regional fields are certainly present, too, surprisingly they cover whole continents!

Cover of GPLH 7: El Jurista en el Nuevo Mundo

All this should remind you at the end of a rather long contribution that the armchair and computer screen historian with his and her armada of digital resources is in a way just as limited as the traditional historian. Digital progress is not only progress, but brings also losses. It is urgent to consider again our methods and practices for legal history, too. The publication series Global Perspectives on Legal History (GPLH) of the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main reached in its second year already its seventh volume. You can consult online or download the volumes or buy the printed version. These volumes contain telling examples of research facing the challenges of transnational legal history, in particular for Latin America. The latest issue of the journal Legal History / Rechtsgeschichte [Rg 24 (2016)], another publication from Frankfurt am Main, contains a series of short reports solicited by Christiane Birr on current practices of legal historians who have entered the world of digital humanities. Putnam invites us cordially to rethink our methods and practices, and to consider carefully the traditional strengths and core values of the historian’s trade. Even alerting to some minor and major points with her article should not stop you from doing just that!

A 2018 postscript

Lately the Dutch Royal Society of Archivists created online space on its digital platform for a number of digitized yearbooks. The yearbook for 2012 deals with the theme Colonial Legacy in South East Asia. The Dutch archives.

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 Géraldine 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. The 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 collection, 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.

Of manors, towers and castles

Living near Utrecht with its beautiful old inner city and many monuments from earlier centuries can make you wish to look around this town in the heart of the Netherlands to find more monumental buildings or remains of them. People watching last year on television the start of the Tour de France from Utrecht may have looked at some point to a spectacular aerial photo of a castle and the park around it. The castle of Haarzuilens is the largest castle in my country, and it is really in a class of its own. Since 2013 I live almost in the backyard of the former manor Huis Voorn of which only the two eighteenth-century dovecotes survive, a memorial of seigniorial rights, worthy of a post here. Some castles show all the archetypical elements of the fairy castle with one or more towers, battlements and a moot surrounding the premises. Some are accompanied by follies, nineteenth-century – or even earlier – fake buildings, some have become themselves to a large extent reinvented houses.

Thus many buildings are only castles by virtue of their name. The importance of castles for legal history is surely their connection with jurisdiction and rights, and in my country even with the very shape of newly cultivated grounds, in particular in marshy regions. In this post the walking historian rides again! In fact I did ride to these houses by bike. Most of my examples will come from the southeast corner of the province Utrecht, the Kromme Rijngebied, an area named after an old meandering branch of the Rhine. Along and near the Langbroekerwetering, a stream made for drainage of this originally swamp area, there were some forty fortified houses, and luckily for you I will not visit them all, but you might become curious for more indeed.

A tour of castles in Utrecht

The tower of Den Ham, VleutenLet’s start with a most imposing tower at Den Ham near Vleuten, nowadays part of the city of Utrecht. In the mid-nineteenth century most of the fortified house around it has been demolished. The freestanding tower with seven floors is the largest one still standing in my country. The tower is actually for sale, now for only (!) € 1,750,000. I did not put here on purpose a picture made in January 2015, but it can serve to remind you of the problem of heating an old building enough to be comfortable for people in our century! The fortified house ranked as many other stately buildings in Utrecht as a ridderhofstad, literally a knightly manor giving its owner entrance to the States of Utrecht as a member of the gentry. This rule only developed during the sixteenth-century when a first version of a list was published. Thus the States of Utrecht tried to deal with the proliferation of castles, manors and other major private homes and possible claims to qualify for its membership.

Kasteel Heemstede, Houten - photo November 2013The range of castles and manors in the province of Utrecht goes from the tower of Den Ham to almost fairy-tale castles such as Haarzuilens, but I would like to look here at an example closer to the Kromme Rijn river, Heemstede near the former village Houten, now a garden-city to the south-east of Utrecht. Its splendid outlook could convince you it was always as grandiose as it looks now. However, its present incarnation is in fact just a faithful copy of the original building which was destroyed by fire some fifteen years ago. It is now home to a hotel. The surrounding grounds have been converted into a golf course. The Amsterdam-Rhine canal with its busy traffic runs close to it.

Castle Beverweerd, Odijk Near the village of Odijk is castle Beverweerd. Until a few years ago it was home to a public school. As you can gather from my picture it is situated in lush surroundings. From the meadow across the castle it becomes clear a number of medieval elements have been added quite recently. Adding such elements is not a new development, it follows closely practices starting in the nineteenth century. I will show you an example in the next section of this post.

Sterkenburg

Another tower not far from Odijk is located almost at the beginning of the Langbroekerwetering, the main stream created to develop the marshes into a cultivated area. Sterkenburg, “strong fortress”, certainly looks as a stronghold. The flag at the top of the tower adds an element familiar from television series with tales about courageous knights and damsels in distress. Alas I could not take a photograph closer to this fortified house because the trees surrounding it make it impossible to view this house completely. To the left of the tower is the main building. In order to make up for the lack of details I could think of nothing else but turning around and taking a picture of the dovecote in the meadow adjacent to Sterkenburg and its grounds. To be sure, this dovecote is indeed a nineteenth-century folly, but something more is the matter in the south-east corner of the province of Utrecht. During the seventeenth and eighteenth century it became fashionable for rich Dutchmen to buy old castles and manors as summer houses.

A matter of rights

The folly of SterkenburgBuying yourself as a landowner a nice large summer resort is one thing, gaining access to the States of Utrecht by getting hold of a place with the eagerly sought rank of a ridderhofstad was surely as important. The presence of other buildings around your reinvented castle or old manor helped to show off your wealth, the sheer size of your landed property. In the case of follies or other embellishments your taste, too, became visible.

Rhynestein, CothenSome castle-like manors suggest a particular right. In the village of Cothen Huis Rhynestein is located at the Kromme Rijn river directly opposite to the village church. Not only a manor, but also a gate survive. The local situation might suggest the lords of Rhynestein did nominate the vicar of this parish. In his book Het Kromme Rijngebied in de middeleeuwen (Zutphen, 1993), the most important and detailed study on the medieval geographic and institutional history of the Kromme Rijn area Cees Dekker showed at many turns that you cannot reach any of such easy conclusions. The sheer number of institutions and people with claims and rights in this area is truly bewildering. Only long familiarity with the relevant archival collections, the experience and all other qualities of a medievalist-archivist par excellence which Dekker impersonated, and a keen personal knowledge of this region could bring his research to bear such rich fruits.

Huis Hardenbroek, Driebergen-RijsenburgOften the key to in-depth knowledge of a castle is getting hold of its archives. Castle Hardenbroek has been and still is in the possession of its founders, probably at least since the early fourteenth-century, with the exception of a dire period of nearly a century when the family had been forced to sell the ancestral home. Twenty years ago the castle archives were entrusted to the care of Het Utrechts Archief, the combined municipal and provincial archives of Utrecht. Hardenboek is located in the village Driebergen-Rijsenburg, but it is actually very close to Langbroek and Cothen.

A note on Dutch archival collections

Logo Het Utrechts ArchiefMany archival collections of castles and manors in the province Utrecht are kept at Het Utrechts Archief, a central point in this small province, and not in the smaller regional archives at Amersfoort, Breukelen, Woerden and Wijk bij Duurstede. Luckily the portal site of the Utrechts Archiefnet makes it possible to search directly in the online finding aids of both Het Utrechts Archief and the four regional archives in the province of Utrecht. Lately the arrival at Utrecht of a very substantial number of archival records for Hardenbroek from the Nationaal Archief in The Hague and the Gelders Archief in Arnhem has given a new push to finish the new inventories for Hardenbroek that will replace the provisional finding aids published in 2000. I use the plural inventories on purpose. In a way the new finding aids will open the road closed by the beautiful gate on my picture.

Logo NKSYou can find more about Dutch castles for example at the website of the Dutch center for castles and manors with a good links section and also at Kastelen in Nederland. There is a special website Utrechtse buitenplaatsen for manors and castles in the province Utrecht. Relevant images can be found online for example in the image database of the Rijksdienst voor het Cultureel Erfgoed, the Dutch National Service for Cultural Heritage that has also created a database to search for monumental buildings. Het Utrechts Archief offers online access to almost all its finding aids. You might still benefit from the printed guide to archives in the province Utrecht by A.N. Beets, H.L.Ph. Leeuwenberg and J.G. Riphaagen (eds.), De archieven in Utrecht (Alphen aan den Rijn 1985), the eleventh volume of the series with overviews of Dutch public archival collections (PDF, 9 MB). At present only the volumes 3 to 14 of this important series with a deceivingly long title, Overzichten van de archieven en verzamelingen in de openbare archiefbewaarplaatsen in Nederland, are available online at the Digitale Bibliotheek voor de Nederlandse Letteren, however among them at least also the last volume, the guide to private archival collections in the Netherlands [H.J.H.A.G. Metselaars (ed.), Particuliere archieven in Nederland (1992)]. The volumes for Drenthe and Gelderland have not yet been digitized, but the separate volume concerning archives in Amsterdam can be viewed online. Even if you have no particular interest in the history of castles and manor these invaluable guides merit your attention for legal history, because the volumes start with a map of jurisdictions before 1795. Sometimes the venom is in the end, but here there is a bait waiting for you!

An age of lawyers and literature

Flyer The Age of LawyersThe power of words seduces every honest writer to do his or her very best to write in a unique way to convey what you want to say and to add to the expressive qualities of language and literature. Only seldom people succeed in achieving immortal fame and enduring influence on a living language. In this post I want to look at an author who conjured up scenes of unforgettable power using the language of his time in ways unheard of. In fact his works were in some periods considered too rough and therefore edited and censored. Together with the English of the Book of Common Prayer and the King James Version of the Bible the works of William Shakespeare still have immeasurable influence on the English language and culture.

Shakespeare’s works have the power to stir our emotions and imagination. Until today his portraits of English kings and their courts influence our views of English history and royal circles. No doubt this year’s commemoration of Shakespeare’s death on April 23, 1616 will bring a flood of activities and events. A few weeks ahead of the central day there is still a chance to look here in a more sober setting at some of the digital initiatives which try to shed new light on one of the greatest people in world literature. At least one of them, an exhibition at the Folger Shakespeare Library, Washington, D.C., focused on lawyers in Shakespeare’s age, but it comes into better relief surrounded by other projects of The Folger, and by a selection of recently launched online Shakespeare projects and digital projects dealing with Early Modern letters.

Surrounded by lawyers

Even without the Shakespeare connection the exhibition Age of Lawyers: The Roots of American Law in Shakespeare’s Britain is really interesting. The Folger showed the exhibition from September 4, 2015 until January 4, 2016, but luckily there is an accompanying virtual exhibit. The concept for the exhibition was developed in cooperation with the Georgetown Law Library, a library with early printed legal books in its own digital collection. There are four main sections, Legal LivesThe Great Courts, Law and Communities and The King and the Law. In contrast to usual virtual exhibitions it has not been placed in a clearly defined corner or subdomain of the website, but as a seemingly unconnected item on the Folgerpedia, the website of The Folger for general information. More remarkable is the absence of illustrations. It took me some time before reaching the list of exhibitions at this library’s website. You can only applaud the inclusion of transcriptions of several exhibition items, but they yet have to appear for the fourth section. The very heart of the exhibition is an extended introduction to the materials put on show, to be read side-by-side with the list of items.

The four sections of Age of Lawyers give us a good idea of the world of Elizabethan lawyers. The first section looks at legal education, the Inns of Courts and the various legal professions. The various royal courts are the core of the second section. In the third section legal practice comes into view, its impact on daily life and local communities. The last section shows a great variety of subjects around the central theme of royal power, from major figures such as Francis Bacon and Edward Coke to subjects as Magna Charta and the influence of English developments on early American law and politics, with for example attention to Thomas Jefferson. The wealth of materials put on show in this virtual exhibition is impressive, and it is even more interesting to see how many of them come from the holdings of the Folger Shakespeare Library. In my opinion this virtual exhibition gives you a very valuable introduction to the legal history of England in the decades around 1600.

Logo Shakespeare Documented

The Folger is one of the institutions contributing to a major virtual exhibition of documents from and about Shakespeare, Shakespeare Documented. Documents, archival records and manuscripts from such institutions the National Archives (Kew), the Bodleian Library, the British Library and the Shakespeare Birthplace Trust – and from a host of other institutions worldwide – make this exhibition into a real gem. It amounts to a digital collection divided in four main categories: playwright, actor and shareholder; poet, family, legal and property records, and his seventeenth-century afterlife. With 186 of the nearly 500 items the category connecting to legal history is the second largest category of this exhibition. More documents and transcriptions will be added this year. You can search at will using a free text search or preset filters. Shakespeare’s involvement as a shareholder is mostly shown in the conflict about The Globe. It is really not feasible to pick here even among the highlights an absolute must. For me this virtual exhibit is a bridge between only reading Shakespeare’s works or searching your way among the vast literature on him. It also is in a very real sense the connection and life thread between the major projects presented here.

Close to the sources

The Folger Shakespeare Library offers more things online worth exploring. Among its latest projects is Shakespeare’s World, a crowdsourcing project of The Folger, the Zooniverse project for crowdsourcing and the Oxford English Dictionary (OED). One of the objectives of this project is finding words that so far have not been included in the OED. People volunteering to cooperate can choose a genre to transcribe. At first the choice between recipes and letters seems a thing to wonder about, but recipes have not been among the resources used by the founders of the OED. Letters can show words less often used, new uses of words, and, perhaps more importantly for the aim of this post, they might show the impact of literary imagination. An apparent drawback is the lack of an overview of senders and recipients.

Private Libraries in Renaissance England (PLRE) is the Folger’s online adaptation of the printed version of this reference work. It is really a database that helps you to execute queries which you will want to check in the original edition. You can get a closer view of books from this period by looking at the section on bindings of The Folger’s LUNA image database.

Logo EMMO - EWaerly Modern Manuscripts Online

Another project is in the development phase. As for now Early Modern Manuscripts Online (EMMO) has not yet resulted in a separate website. Since 2014 a lot of workshops and events has been organized. You will find the links section particularly useful, with for example an overview by The Folger of links concerning Early Modern English palaeography and digitized manuscripts.

fdtlogo

For my brief introductions to some of The Folger’s own digital projects I use the overview in the Folgerpedia. Personally I would prefer to have this overview on the main website of The Folger, but I suppose we are dealing here with a kind of planetary system around it. The Folger has also prepared a dedicated website for Shakespeare’s works, Folger Digital Texts. For quick reference and easy access this collection is very welcome, even though scholars might want to have a version under PhiloLogic or similar linguistic tools. For this you can turn to Early Modern Print, a project of the Washington University, St. Louis, MO, and the Early English Books Online-Text Creative Partnership. You will find here tools to gain insights into changes in word frequencies, KWIC (Key Words In Context) and a N-gram browser. The very example of KWIC in this project shows results for the word slander, which might inspire legal historians, too, to have a look at it. This overview at The Folger of digital projects and tools, even the subscription-only resources most times only accessible at research libraries, is actually a splendid nutshell guide to the study of Renaissance England. The University of Chicago provides us with a special subdomain to use its Philologic technology on editions and adaptations of Shakespeare.

Lives and letters around Shakespeare

Banner Six Degrees of Francis Bacon

If lawyers played such a large role in Shakespeare’s life you will probably want to know more exactly which lawyers, and more generally which people were closest to Shakespeare. On my journeys around the web I found recently the website Six Degrees of Francis Bacon. The aim of this Anglo-American project is collecting and visualizing data which show you the Early Modern social network. After registration you can download data, and also add new data. Everyone can look at the visualizations or relationships. Bacon (1561-1626) was originally also trained as a lawyer. Even if a similar website could already exist for Shakespeare it becomes quickly clear you can immensely benefit from using this website when researching Shakespeare’s entourage, especially when you fortify your results with the letters of the project for Shakespeare’s World and the virtual exhibition Shakespeare Documented.

Choosing Bacon is just an example of the many projects dealing with English letters and correspondents. The most generous portal to them is certainly Cultures of Knowledge: Networking the Republic of Letters, 1550-1750 (University College London). Perhaps its main offspring, and certainly one closely connected to the theme of this post, is the project Early Modern Letters Online under the aegis of the Bodleian Library, Oxford, where you can search directly in letters written in many countries. Some of the resources at Cultures of Knowledge stem from the Lives and Letters project developed and led by the late Lisa Jardine. Among its projects is the edition of the correspondence of Francis Bacon, the main resource behind Six Degrees of Francis Bacon. For those wanting to look at more online projects dealing with letters the overview at Digitizing Correspondence should quench a lot of your thirst, and you might also contemplate the examples of interfaces for these projects. If you add to this wealth the links page at Cultures of Knowledge you can start to investigate for yourself the epistolary culture of Early Modern Europe. Going back to the subject of this post it is the project for the letters of Edmund Spenser which comes close to the sphere of action of William Shakespeare.

Celebrating Shakespeare

How can one avoid the obvious things around Shakespeare and have a fresh look at him? The Folger has created its own list of quatercentenary online projects. When preparing this post I thought about the manifold activities of another American research library, The Newberry in Chicago. Among nearly fifty online educational resources you might have a look at three virtual exhibitions concerning William Shakespeare, Marriage and Family in Shakespeare’s England, Shakespeare’s Romans: Politics and Ethics in Julius Caesar and Coriolanus, and Shakespeare’s The Tempest and the Utopias of the European Renaissance, the last item providing me with a connection to my recent blog post about More’s Utopia.

Instead of going to one of the sections of library websites about their copy of the First Folio, an object for which the label Holy Grail seems almost too simple, it is possible to have a look at digitized First Quartos and to compare various editions. They bring you closer to the times of Shakespeare himself than the posthumous First Folio. However, if you had rather stay with a time-tested resource, there is all reason to visit the section Discover Literature: Shakespeare of the British Library’s website with for example an article by Liza Picard on crime and punishment in Elizabethan England. Andrew Dickson looks at the only existing literary manuscript with Shakespeare’s handwriting, The Booke of Sir Thomas More. The play contains a plea for tolerance towards immigrants, and I cannot help feeling touched by the poignancy of this subject. More was a man for all seasons, and Shakespeare is indeed a writer for all times! The play seems to have been never performed during his life. In the project England’s immigrants 1350-1550: Resident Aliens in the Late Middle Ages curated by the universities of Sheffield (HRI Online) and York in cooperation with the National Archives at Kew you can find out about 64,000 persons coming to England during two centuries.

Drawing of The Swan. London, by Buchelius

Drawing of The Swan theatre, London, 1596 – Aernout van Buchell, Adversaria – Utrecht, UB, ms. 842, fol. 132r – image: http://objects.library.uu.nl

The customary Dutch view shown here has in fact figured here in 2013, but without the famous illustration. The image has been used in countless printed publications. Aernout van Buchell (Buchelius) (1565-1646), an antiquarian scholar from Utrecht, copied a drawing around 1596 of The Swan theatre in London (Utrecht, UB, ms. 842, fol. 132 r). In my earlier post where I wrote about Buchelius you can find the links to more digitized manuscripts of this author.

Of course much more can be said, and has already been said this year. Today I looked briefly at the fine aggregator of Early Modern blogs created by Sharon Howard. If you follow her tag for Shakespeare at Early Modern Commons you will find already dozens of celebratory articles. Hopefully you will appreciate the urgent need to restrict myself here to only a few dozen projects. A search for Shakespeare at Early Modern Resources brings us ten online resources mentioning him. No doubt Sharon Howard will soon add a number of the new Shakespeare projects to Early Modern Resources.

However large and inviting the temptation to end here with one of the countless proverbial words of Shakespeare I had rather invite you to look yourself again and again at this writer whose works breathed life into the English language. His imagination both as a playwright and poet is at many turns so powerful that its glow will last as long people care for the right words which do justice to the humanity living in his works.

A postscript

One of the possible follow-ups to this contribution is looking in more detail at Shakespeare’s plays and the role of law. You can get a taste of this subject by looking at free accessible recent articles in the journals Law and Literature and Law and Humanities.

Early Modern Manuscripts Online can be found on a subdomain of the main website of the Folger Shakespeare Library.