Tag Archives: Belgium

A starters’ guide to old scripts in Belgium

Cover "Oud schrift voor beginners. een inleiding tot de paleografie"

Sometimes an odd chance brings you suddenly to a subject or book. In April I spotted a new primer for Belgian palaeography tucked away among books on linguistics in a large book store. I was happy to find Oud schrift voor beginners. Een inleiding tot de paleografie [Old script for starters. An introduction to palaeography], edited by Georges Declercq and Hanne Roose (Ghent 2023), but I could not help pointing out its misplacement at the sales desk. In this post I will look at the promises and qualities of this new book.

Setting limits

Both Georges Declercq and Hanne Roose teach medieval history at the Vrije Universiteit Brussel. In their book they aim explicitly at anyone starting to decipher old scripts in archival records, be they students, local amateur historians or genealogists. The authors firmly believe people can learn by patient exercise and training to read scripts from earlier ages, something which tends to be neglected nowadays when artifical intelligence helps computers to decipher old scripts with evermore sophisticated algorithms. However, Declercq and Roose do not include scripts from the entire medieval period. They choose to start with texts in medieval Flemish from the fourteenth and fifteenth centuries. Substantial space is devoted to texts from the sixteenth century because of the great changes in writing, and the most recent document shown is taken from the mid-eighteenth century.

A proof of the concern to guide the first steps in dealing with old scripts is shown by the relative weight and length of the introductory chapters, sixty of the 224 pages. When the two authors mention further literature in these chapters they wisely refer to just one or a few selected titles, and they do likewise in the section for further reading. Giving a commented select overview is indeed wiser at first than presenting a seemingly complete list of titles without further indications or guidance.

The great strength of this book is the detailed treatment of just seventeen examples of old scripts, five of them in French. For each item a general introduction to the source genre and its context is given, followed by an image of the source and a transcription. To these element they add paragraphs on specific characteristics, abbreviations used, diacritic signs, letter forms and a textual exegesis. Thus they show palaeography as a full-grown auxiliary science for history which takes you beyond merely producing a transcription and quickly going to the information given by a source which might be all you wanted initially. It shows neophytes graphically you have to study your sources before you can reach your prized information.

Declercq and Roose do mention the most recent manuals dealing with Belgian – and Dutch – palaeography, starting with Paul Kempeneers, Oud schrift: lezen, begrijpen, overzetten (Antwerpen-Apeldoorn 2006). They clearly state they did not want to offer a palaeographical atlas as created by C. Dekker, R. Baetens and S. Maarschalkerweerd-Dechamps, Album palaeographicum XVII Neerlandicarum (Turnhout-Utrecht 1992) or the Schriftspiegel by J.P. Sigmond and P. Horsman in its recent third edition (Hilversum 2022), reviewed here last year. The magnificent Album palaeographicum deals with sources in Dutch, Flemish, Latin and French; the introduction and explanations are in Dutch and French. The detailed attention provided by Declercq and Roose for each script example is indeed proof they want to offer an introductory manual. They explain also the value of a number of older printed manuals. The dimensions of Oud schrift voor beginners, 17 by 24 cm, are more modest than those of the Schriftspiegel and the Album. Declercq and Roose mostly show only a part of a document or they had to resize an image substantially, and the images are only given in black and white with a rather grey background.

A few remarks

With all these qualities it is hard to fault Declercq and Roose on any point, but surely some remarks are possible or even necessary. The authors rightly strees the need to deal with older forms of Flemish, Dutch and French. They point to the website Middelnederlands Digitaal created by Veerle Uyttersprot (Universiteit Gent), but they disregarded the fact you can only view the exercises as a student at Ghent after registration. You could have a look at the website MOOC Middelnederlands or at the digitized version of the manual by Maaike Hogenhout-Mulder, Cursus Middelnederlands (Groningen 1983).

Declercq and Roose distinguish between a diplomatic and a historical transcription. For the latter they give some basic transcription rules. They point also to the official guidelines for Belgian historians. However, curiously one particular element is missing in their explanations and comments to the examples. They do not point out the need for a proper reference to the very source of transcription as an integral and essential part of any transcription. Perhaps they did not see the need to do this in this manual, because they choose source examples from a private collection. Perhaps they deem it an element of historical heuristics, but in my view you cannot teach early enough the need to and the way how to refer to archival sources. References to sources and objects in libraries and museums seem much more normal for people than archival references with elements pointing to a context or a collection, which can be a source of confusion. I still remember from my student’ years a reference to a charter in a Flemish collection, Charters blauw [Charters Blue]! To use a Flemish word, Amai, this omission is certainly painful. It helps to perpetuate the myth of sources “hidden” in archives instead of making clear the need to explain such references to a student or scholar, to someone creating a family tree or a volunter for local history.

However, this manual scores high notes for its attention to sources for legal history. Even their real or supposed difficult nature did not stop Declercq and Roose from explaining basic facts about them, and rightly so. They present for example a feudal dénombrement from 1436 (no. 4), the document of a woman with directions about her goods upon entering a monastery as a nun in 1501 (no. 6), a verdict of the schepenen (échevins, aldermen) of Ghent from1650 (no. 12), an attestation by the bishop of Doornik (Tournai) in 1665 (no. 13), and a mandate issued in 1756 by the Raad van Vlaanderen, the Flemish supreme court (no. 17). In this example the schepenen of Ghent figure again, but they are not identical officials. The existence of two kinds of schepenen in Ghent, van de keure and van gedele, could have been highlighted. At p. 22 an image of a thirteenth-century manuscript with decretals from pope Innocent III is shown as an example of typical book script, without any explanation about the source genre.

The Flemish television network VRT created in 2022 a series called Het verhaal van Vlaanderen [The story of Flanders], narrated by Tom Waes, well known for his travel documentaries, not just of places in Belgium, and showing re-enacted scenes from Flemish history; this series is currently shown on Dutch television, too. The diversity of Flemish locations in the documents in the manual by Declercq and Roose wets your appetite to know more about Flemish history. Their choice helps to create at the start of your own adventures with the rich history of Flanders a sense of wonder about and respect for the variety of sources that have survived and can be found in both public and other archives. Many resources for ecclesiastical history in Flanders are kept at diocesan archives. Declercq and Roose deserve thanks for inviting anyone to go that road by learning yourself – perhaps slowly but also diligently! – ways to deal with old scripts. Online tools may decipher scripts in many languages with remarkable results, but for the creation of complete and sensible transcriptions still other skills are needed beyond the scope of these tools.

Georges Declercq and Hanne Roose, Oud schrift voor beginners. Een inleiding tot de paleografie (Ghent: Academia Press, 2023; ISBN 978 94 014 91297; 224 pp.)

A parade of Belgian and Dutch legal history

Start page website Erasmus School of Law, Rotterdam

Among the postponed scholarly events of 2020 were also the 23rd Belgian-Dutch Legal History Days in Rotterdam. Finally it took place as an online event on December 16 and 17, 2021. With some fifty participants and most of the time two parallel sessions the program was certainly substantial and varied. This event upheld its tradition of giving first of all space for graduate students to present their research, but other scholars contributed to it as well. In this post I will offer some impressions of the two days organized by Tammo Wallinga.

Hearing new voices

Presenting in front of a computer screen is by now common practice for scholars, but your first paper at a larger event will remain special. In some cases both senior scholars and young aspiring researchers had to deal with some technical problems, but most of them succeeded in presenting a fine PowerPoint and a well-structured paper. It is impossible to do here justice to the variety of subjects and sessions, also in view of a total of thirty-five papers in the program… At Twitter Frederik Dhondt (@HerakleitosMD, Vrije Universiteit, Brussels) bravely attempted to report live from parallel sessions, but I will not imitate his efforts at virtual bilocation! I have uploaded the abstracts, most of them are in Dutch.

Dirk Heirbaut (Universiteit Gent) opened the conference with a paper on the rather curious difference in approach to attempts in European countries at codification. Some countries seem to see it as a feat for victorious generals and former generals. In Belgium one cannot imagine a committee creating a code, but in the Netherlands one is sceptic about the feasibility a one-man codification. In this respect comparisons can enormously widen the horizons of lawyers and scholars. Vincent van Hoof (Radboud Universiteit Nijmegen) did look at the image of the schepenen (aldermen) of Amsterdam and their supposed favor for Roman law in preferring their acts ratifying security arrangements above notarial acts. Amsterdam was not unique in its policies. Other capitals and main harbors of Western Europe followed similar policies.

Some sessions combined very different subjects, others were clearly focused around one theme. You will see here in particular young scholars working at Flemish universities, but also scholars from other countries, as in the first parallel session I attended. Marvin Wiegand (Vrije Universiteit Amsterdam) is a German scholar studying the influence of Roman law on late medieval Frisian law. In the case he presented a widow arguing for prolongation of her guardianship could successfully use a wrongly chosen text from Roman law… Pedro Ricardo de Salvo Santos (Leuven) talked about the seventeenth-century Leuven law professor Petrus Gudelinus and his views cocnerning sovereignty and public law.

In a following session I heard Tom Bervoets (Vrije Universiteit Brussels) speaking on the reforms of parishes in eighteenth-century Brabant and the role of the Raad van Brabant in making changes happen or not. Paul Nève (emeritus professor, Nijmegen) spoke about the research he did during twenty years with Michel Oosterbosch on the history of notaries in Europe. Notaries were sometimes subjected to quite different regulations for qualification. In the Dutch Republic the provinces took over the task of maintaining standards and admitting new notaries. With Oosterbosch Nève has created a biographical repertory for a particular kind of notaries, the apostolic protonotaries and the paltsgraven (comites palatini). Pim Oosterhuis (Maastricht University) presented a paper on the changing place of commercial law as a separate field within private law since the early nineteenth century. Was it really exclusively the law of and for a particular segment of society?

In a following session I presented a paper on legal consultations from the seventeenth century in the province Utrecht. Recently I studied a number of manuscripts held at Utrecht University Library and Het Utrechts Archief. You can choose from several sets of manuscripts with either only copies or also originals of legal consultations. I could report already on some surprising findings, and it is clear a follow-up will yield even more interesting results and certainly more context to understand things that seem now special or odd. Manon Moerman (Maatsricht) spoke about Early Modern contracts for investment partnerships and companies in Amsterdam. Not only financial motives played a role in creating companies. Flip Batselé (Ghent and Brussels) took his audience to the twentieth century for his paper on international investment law and Royal Dutch Shell between 1955 and 1989. A group of oil companies and banks tried to influence politicians and lawyers, with sometimes a major role for Shell and its staff members.

Variety and focus

On Friday December 17, 2021 three sets with two parallel sessions were held and a closing section with one plenary. From the riches I have chosen here at will some sessions. The first session I want to mention briefly brought two papers. Together Wouter Druwé and Geert Sluijs (Leuven) presented a paper on educational reform at the seventeenth-century law faculty in Louvain and the view in this respect of Diodorus Tuldenus (1594-1645). An ordinance of the Habsburgian archdukes in 1617 prompted efforts for reform. Tuldenus showed hi as critical of the moral standards of aspiring law students, pleaded for stricter admission standards and wanted them also to use handbooks. In his view public law, too, should become a part of the curriculum. Interestingly, the second paper in this session, too, involved legal education. Bruno Debaenst (Uppsala) reported on his Swedish experience with law students tackling subjects in legal history in the master phase. It seems some retired professors of legal history in Sweden did not supervise at all student papers and theses for legal history. Debaenst found his students quite interested to set their first steps in Swedish legal history. This fact becomes important also for the Netherlands where for instance at Rotterdam legal history will no longer be an obligatory subject for bachelor students.

In the last full section I want to mention here three graduate students at Louvain focused in particular on the history of the Katholieke Universiteit Leuven. In her paper Shiri Roelofs discussed the views of theologian Robertus Bellarminus (1542-1621) on letters of exchange and their admissability. He took over parts of later medieval theologians, but added also his own distinctions. Wout Vandermeulen took us to another professor of theology, Johannes Malderus (1563-1633) and his views on monopolies. The School of Salamanca seems the wider context of these views, and Vandermeulen looked also at possible connection between this movement and the origins of current law on monoplies in the European Union where he will try to pinpoint the influence of German lawyers. Martijn Vermeersch took Balthazar de Ayala (around 1548-1584) as the key figure for his paper, a man who became the auditor-general of the Spanish army in Flanders under Alexander Farnese. His treatise De iure et officiis bellicis et disciplina militari libri tres. In his work he combined the laws of war, military strategy and discipline in a new way. De Ayala’s penchant for the mere legality of actions by princes has been criticized in the past. His views seemed unjust and too much influenced by the Spanish and his own position. However, his work gives the rare opportunity to gain a perspective from someone actually taking part in warlike situation such as the Dutch Revolt.

In the closing lecture Laurens Winkel (professor emeritus, Rotterdam) sketched a mighty tableau of fundamental questions concerning the degrees of culpability in criminal law from the Romans up to the present. His determination to tackle large questions and to opt for a kind of Big Legal History affirmed how much alive legal history can be and how wide in its aims. It was not only exemplary for his scholarship, but also an example for others to bravely approach large subjects by going from the earliest foundations to our present.

Promises for the future

Banner KU Leuven, department Roman Law and Legal History

In my brief contribution I have scarcely dealt with one half of all contributions, but luckily I can provide you at least with all abstracts. For me it was a most welcome thing to a varied and rich choice of subjects currently under close scrutiny by graduate students. Some senior and very senior scholars showed here a number of larger subjects, but some research student, too, show a willingness to use wider perspectives. No apologies are needed for looking here at many contributions from or about Leuven, because for many centuries Leuven was simply the only university in the Southern Low Countries. At the end of the conference Wouter Druwé could express our shared thankfulness to Tammo Walinga for his calm leadership in organizing this online conference and steering it not through the Meuse river within Rotterdam, but certainly in stormy times to a good and promising end. In 2023 the next Belgian-Dutch Legal History Days will take place in Leuven.

Digital approaches to medieval charters

Start screen DCN

On January 25, 2019 the Digitale Charterbank Nederland [Digital Charter Database Netherlands, DCN] was launched at Het Utrechts Archief in Utrecht. In this project the Huygens Institute/Institute for Dutch History of the Dutch Royal Academy of Sciences works together with Het Utrechts Archief, many other Dutch archives, and the IT firm De Ree in Groningen to create an online database with not only medieval charters, but also charters written between 1500 and 1800. Among the speakers at the presentation was Els De Parmentier (Ghent) who made an illuminating comparison with the Belgian project Diplomata Belgica. It is only natural to compare both projects and to report on some early impressions of the new database.

The third attempt succeeds

In fact two previous attempts at the Huygens Institute to create an online database for all medieval charters in Dutch holdings had not reached their goal. Almost by chance financial support of the Dutch Science Foundation NWO, the presence of an archivist, Karel Engbers, who had recently joined the staff of the IT firm De Ree which supplies an archival system used at many Dutch archive, and the preparatory work of the Huygens Institute together resulted within eighteen months in the current database.

The DCN has a search screen with both a simple search and an advanced search mode which opens by clicking on arrows. The advanced mode is fairly restricted. You can search for phrases and for single words, and you can set a time period to limit the search results. The search tips lead you to the Dutch archives portal created by De Ree. The portal has a search interface in Dutch, English and German, but the page with search tips is only available in Dutch. In the top menu you will not find in the English and German version the choice for newspapers (kranten) and the very useful guide to institutions with holdings for cultural heritage (erfgoedgids).

The second half of the DCN starts screen

I did not want to go immediately to another track of this post, but you can hardly escape from the crucial role played by the archival system of De Ree. In fact the start page of the DCN looks below the introduction very much like the result pages of the Archieven portal. On the right you can use filters for archival institutions (diensten, shortened from archiefdiensten), the presence or lack of images and other files (bestanden), and for toegangen, finding aids. By the way, Het Utrechts Archief figures large with more than 25,000 charters, but as for now only for some 6,600 items digital images have been provided. For each charter you can go directly to the relevant finding aid. Currently the database of the DCN contains already 170,000 charters with for some 24,000 items digital images.

The proof of the pudding is in the eating, and thus two invited speakers, Hans Mol (Leiden University and Fryske Akademy, Leeuwarden) and Ronald van de Spiegel at the presentation gave an early report about the functions of the DCN. Finding all occurrences of the abbot (abt) of Middelburg proved to be not straightforward. The use of wildcards is of course important in view of the different spellings of names and locations. With the DCN you can chart for example the changes in the preponderance of papal and royal charters or measure the importance of towns. More disconcerting is the way the datations of charters can led to a presentation of results with in the date field the number 1000 – or another year starting with 1 – instead of the date in the description. In order to work properly the archival system needs to have correct input in its own date field of the finding aid. Instead of blaming this particular system – or any system for that matter – you will have to look more carefully at the quality of the original input created by archivists. Some crucial fields might have been left empty, and sometimes even a clear indication you are dealing with a charter might be absent. The institutions using De Ree’s system can continuously add and correct their data, but those institutions which do not use it cannot easily update their data within the DCN.

Karel Engbers (De Ree) explained how he urged to widen the selection of charters mentioned within the finding aids at the beginning of the project and during its unfolding. He urged for instance to include also specific genres of charters, and also the occasions where only a top-level description is given, even the most superficial ones like “a bundle of charters, 1350-1550”.

A look at Diplomata Belgica

Startscreen Diplomata Belgica (detail)

Maybe you will already have some ideas about the DCN, but I think you can see them much clearer when you compare the DCN with Diplomata Belgica. In fact I would have preferred to write here about this outstanding digital project much earlier, but things went different. The subtitle of this website with a French and English interface clearly sets its limits and character, “The diplomatic sources of the Medieval Southern Low Countries”. You will find here charters from the territories corresponding more or less with the current country Belgium. The word diplomatic stems from the auxiliary historical science diplomatics, the discipline dealing with medieval charters. For practical reasons, the sheer number of medieval records, this discipline often halts at the year 1300, and only seldom much later, up to 1340.

In her lecture Els De Parmentier made it very clear how you can use Diplomata Belgica to search for very specific questions about medieval charters, giving you a very comprehensive range of fields with both diplomatic and additional information, in particular the presence of religious orders. Apart from the main search interface you can use the interface Recherche Tradition / Tradition Search to search for the textual transmission of charters, as original or as a separate copy, in particular repositories, the writing material, the name of manuscripts and even the Stein number for French cartularies. Perhaps the most important information of De Parmentier’s lecture was the attention to the multiple way you can study charters. Within the text of a document, in documents with the same actors, documents with identical compositions, and for example in documents issued by a particular person or institution for the classic research into the working of medieval chanceries. I will leave out here her comparison with other digital projects for medieval charters, for example those at the French Telma portal, the Digitaal Oorkondenboek Noord-Brabant, the Cartago project for charters from Frisia, Drenthe and Groningen, the registers of the Hainault counts of Holland (1299-1345), the international Monasterium project. the Anglo-Saxon charters and the DEEDS project. Each of them has many qualities, but all are slightly different in their approaches. Their common denominator is the choice of approaches founded on diplomatics.

Two approaches to charters

Some impressions become clear after De Parmentier’s lecture. In its current form the DCN is mainly what it shows on your screen, a set of charters filtered from the online finding aids of a large number of Dutch archives and from data sets – and images – provided by some other archives. You can see quickly where to go for rich holdings, but the crucial quality of the data provided by these archival institutions is very clear, too. It is a bit silly to see lots of charters dated in 1000, 1040 or 1085 when you know the actual number of charters for these years is much lower. The time range of the DCN goes considerably beyond the normal scope up to 1300 of (digital) editions of charters for particular regions or princes to include charters issued between 1500 and 1800.

The DCN faces a serious problem with the way datations of charters are handled due to the quality of the input provided by holding institutions. Sometimes one date field with incorrect or insufficient information can lead to a wrong representation of the actual date range. Instead of grumbling about this state of affairs it is perhaps wiser to check the actual input and the cases which are or seem incorrect. The larger lesson is for many digital projects you will need to use fields in a correct way, think only of such standards as EAD (Encoded Archival Description) and Dublin Core, and of course for your own digital presence and services. Sooner or later you will want to share information. Many Dutch archives offer their finding aids also as open data, yet another spur for checking interoperability and correct working before connecting to other projects or presenting data to the general public. In a finding aid archivists describe items as succinctly as possible but uniquely distinguishable from other items, and it should be no surprise descriptions do not contain all possible information, let alone full transcriptions. Some archival institutions provide transcriptions, for example the Regionaal Archief Tilburg.

The DCN website mentions a diplomatic definition of charters, a single act written on parchment or paper pertaining to a legal situation or a legal action – e.g. a sale, a donation – made legally valid by the internal and external characteristics of the deed, such as a seal or a signature. For me the use of the phrase bevoegd persoon (authorised person) seems almost to exclude private persons. The phrase ‘Charter’ is de archiefterm, “[a] charter is the archival term”, wordings written by Jan Burgers, the project leader (Huygens Institute and University of Amsterdam), is simply not correct. In the latest version of the Dutch archival terminology (2003) a charter is defined as a document containing an act validated by one or more seals or a notary’s sign. This definition clearly differs from the definition in the famous Dutch manual by Muller, Fruin and Feith (1898) who saw a charter as the expedition (grosse) of an oorkonde, to be distinguished from a concept or a final version (minuut). The 2003 definition is much clearer about the documentary nature and more succinct. It is foremost an archival definition, and not primarily a concept from or defined by the needs of diplomatics. Luckily the explanations by Burgers about the importance of charters as historical sources are on spot.

Logo Huygens Institute / ING

In my view the Digitale Charterbank Nederland is a tool which reflects archival practices and needs. Its great power is the way you can look at charters within their archival context instead of seeing them only as specimens of a separate documentary genre, and having images of them on your screen. The search possibilities of the DCN are somewhat restricted, even when you allow for the way you can focus on a single archival collection. It is only wise to remember two earlier attempts to create this Dutch charter database failed. Hopefully the problem with the dates in the charters can be solved quickly by the contributing archives and De Ree. Thus we will have at our disposal a primarily archival tool which supplements other Dutch digital projects for medieval charters, such as the digitized versions provided by the Huygens Institute of the oorkondenboeken for Utrecht (OSU), Holland and Zeeland (OHZ), and Gelre (Guelders) and Zutphen (OGZ). Creating links between these editions and the DCN is one of the things that will enhance this database. In particular the coverage with digital images in the DCN is still a bit low, but no doubt this will change rapidly. The qualities of the DCN should also become rapidly available with an English, French or German interface for all scholars worldwide wanting to use charters in Dutch holdings for their research. Without some understanding of archives, archival theory and the classic historical auxiliary sciences such as diplomatics, palaeography, chronology and sigillography you will and cannot tap completely the wealth of information charters can provide.

Diversity and unity: Raoul Charles van Caenegem (1927-2018)

Raoul Van caenegem - source: Academia Europaea, https://www.ae-info.org/On Friday June 15, 2018 Raoul van Caenegem passed away. Last week the legal historians of the Law Faculty at Ghent University, his alma mater, sent an in memoriam in a special issue of the Rechtshistorische Courant. The Max-Planck-Institute for European Legal History published on June 25 a short notice about Van Caenegem. After some reflection about the right way to write here about Van Caenegem, translating these most fitting words from Flemish into English is probably the best thing to do.

Diversity and unity

After briefly mentioning his honours and awards the eulogy starts as follows: “The oeuvre of Van Caenegem is very diverse. A typical Van Caenegem story tells how he meets someone who expresses his admiration for his book. In such cases Van Caenegem did not reply “Which book?”, but remained friendly and tried to divine which book the other person could mean. Along his career Van Caenegem published about a wide range of subjects, making it difficult for relative outsiders to oversee his production. However, even knowing a small part of these publications leaves you mightily impressed. The editorial committee of the Rechtshistorische Courant will point here mainly to publications about legal history. Flemish medievalists do know him from his book on Flemish criminal law and criminal procedure in the fourteenth century, works inaccessible to foreign scholars because they have never been translated. It is the other way around with his Appels flamands, an edition of appeals from Flanders to the Parlement de Paris in the fourteenth and fifteenth century, widely read in France, but much less in Flanders.

The general public in Flanders knows Van Caenegem as the author of Geschiedenis van Engeland and Engeland Wonderland. His Flemish readers do not know generally about the praise of English legal historians for books such as Royal writs in England from the Conquest to Glanvill, The birth of the English common law and English lawsuits from William I to Richard I. English readers in turn might not know about the two general books on English history. Generations of Flemish students have toiled over Van Caenegem’s Geschiedkundige inleiding tot het recht, not knowing at that time this work has been translated meanwhile in languages ranging from English to Chinese, and that they are not used as student handbooks, but by graduate students and professors of legal history and comparative law. Two other publications fit into the same row, Judges, legislators and professors and European law in the past and the future. Medievalists might pass these books, but they were able to benefit from the Encyclopedie van de geschiedenis der middeleeuwen and its later translations and adaptations such as the Introduction aux sources de l’histoire médiévale. In this case Van Caenegem continued a work started by his own teacher François Ganshof, in other cases he was a pioneer without followers. For a general history of European procedural law you still have to turn to his synthesis in the History of European civil procedure. He was also the editor of many volumes and articles. There are two volumes for his English articles, but many could follow filling easily some bookshelves. We can point to his work on Flemish keuren – not only customary law, but also legislation by the Flemish counts, OV – and his studies about Galbert of Bruges.

The truly groundbreaking thing is Van Caenegem did not look upon old law as a national but an European phenomenon. Now it is commonplace to speak about European legal history, but this started only after 1990. Without diminishing the role of other great scholars we can safely say Van Caenegem’s handbook did play a vital role in this development. They helped lawyers all over Europe to realize this continent had once upon a time one common legal history, and that Europe is heading again to a shared legal culture. It is no coincidence that the European Society of Comparative Legal History awards since 2014 the R.C. Van Caenegem prize, named after the savant seen by this society as its great example. Van Caenegem himself did underline the fact European legal history in the Middle Ages and the Early Modern period is not only a history of unity, but of diversity. Next to the great professors of the ius commune you can find the Grote Keure of Ghent. Long before the Brexit Van Caenegem emphasized how the common law was a strange element in the story of Europe. European law has many aspects. Van Caenegem knew as few others how to show this diversity for many branches of law: private law, criminal law, criminal procedure and public law. When you have an overview of Van Caenegem’s oeuvre you can only humbly confirm the words of an American scholar who many years ago said to a young student of Van Caenegem: You’ve been studying with God himself!”

A few words

I can confirm the mighty impression Van Caenegem could make when I remember my very first appearance for an audience of Belgian and Dutch legal historians. I felt instantly the presence of someone who was not only bodily, but also scientifically a giant with an inquisitive mind. In later years I knew also his kind but still towering presence. Fifteen years ago a vice-president of the Royal Dutch Academy of Sciences told how relieved he was when he finally knew how to address Van Caenegem without trembling to make a fault: mijnheer de baron, a consequence of the peerage bestowed on him.

For many years Van Caenegem served as a member on the governing board of the Max-Planck-Institute for European Legal History in Frankfurt am Main. He wrote in 2010 a lovely article about his own memories of great scholars for one of the scholarly journals of this institute, ‘Legal historians I have known: a personal memoir’Rechtsgeschichte / Rg 17 (2010) 253-299. Earlier this year I received a copy of the first Dutch edition (1962) of the Guide to the Sources of Medieval History. Even when it is clearly the work of both Ganshof and Van Caenegem you cannot escape from the thought Van Caenegem made already his imprint. For those thinking all his books have been mentioned above, I can mention at least one other book I have at home, Over koningen en bureaucraten. Oorsprong en ontwikkeling van de hedendaagse staatsinstellingen [On kings and bureaucrats. Origin and development of contemporary state institutions] (Amsterdam-Brussels 1977), a book on state formation, institutional history and public law. For decades Dutch legal historians and historians abroad saw his name on the cover of the Tijdschrift voor Rechtsgeschiedenis. It will not help much to add here other things. We can only mourn with scholars at Ghent University the loss of Van Caenegem, we can share with them the profound gratitude for his countless services to European and legal history during his long and productive life.

A postscript

The blog of the association Standen en Landen / Anciens Pays et Assemblées d’États published on June 19, 2018 an in memoriam in Dutch and French. On June 25, 2018 Maastricht University published a notice on its website with a drawing of Van Caenegem taken from his 2010 article in Rechsgeschichte/Rg.

A broad view on broadsides

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

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

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

Thirty broadsides

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

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

Logo KIT Karlsruhe

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

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

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

A gateway to gateways and catalogs

Banner ShareILL

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

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

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

The road of bibliographies

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

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

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

Broadsides in digital collections

Banner Dying Speeches & Bloody Murders - Harvard Law School

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

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

Multiple roads to go

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

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

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

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

The many sides of Belgium’s legal history

Banner Digithemis

In the ocean of legal websites you encounter very different sites. There are relatively few attempts at creating portals. When I saw the Digithemis portal for Belgian legal history and discovered its qualities it was only a matter of time before I would write about it here. Digithemis has been created by the Centre d’Histoire du Droit et de la Justice, Université Catholique Louvain-la-Neuve. Currently there is no portal site for Dutch legal history, and thus there is every reason, not only for Dutchmen, to look at this website. It might well inspire scholars in other countries, too.

Simple layout and rich contents

Logo CHDJ, Univers't Catholique, Louvain-la-Neuve

One of the powerful aspects of this website is its simple layout, with an implicit promise you will not get lost here. The subtitle Système numérique d’information historique sur la Justice is best translated as “digital system for historical information about justice”. Under the first heading Applications three databases are presented. The first, Belgian Magistrates, is concerned with officials in the Belgian judicial system. The database contains personal information, details about nominations, jurisdictions and institutions. Cubes, the second database, gives you judicial statistics, information about the number of cases and given verdicts in Belgian courts of justice. As a matter of fact I was hunting for websites with historical statistics when I ran into Digithemis. The third section brings us a bibliographical database for Belgium’s legal history. The database is the fruit of cooperation between the CHDJ at Louvain-la-Neuve and the project BeJust 2.0 – Justice et Populations.

In the second section, Ressources documentaires, you will find four subjects: legislation, doctrine, jurisprudence, and surprisingly again judicial statistics. Under Legislation you can find the French versions of the various codes of Belgian law, bulletins of the Ministry of Justice (circulaires), legislation concerning the judicial structure of Belgium, and a similar section for Congo during the colonial period. For doctrine you can look at a number of legal journals, at mercuriales, discourses pronounced at the start of the judicial season by the attorneys general, and there is a bibliographical database for criminology with some 8,500 entries. The corner with jurisprudence seemed at first straightforward: for arrêts of the Cour de cassation between 1832 and 1936 you can consult the Pasicrisie, alas currently not available, and for the period 1937-2011 there is a similar site, but here I can see only verdicts between 2002 and 2015. A very much contested period in Belgium’s history comes up with the online version of La jurisprudence belge depuis le 10 mai 1940The section for judicial statistics is enhanced by a historical overview and a concise bibliography.

The section Expositions virtuelles contains two virtual exhibits. The first, Classified, looks at Belgian military intelligence forces. The second one, Mots de la Justice [Words of Justice] is concerned with images and imagery of law and justice. The accompanying congress in Bruges earlier this year has figured on this blog at the time the bilingual catalogue was published.

The next stop of this tour are the contributions, As for now there are only two scholarly articles. The Lignes de temps interactives show interactive timelines for three subjects, women and legal professions, the Belgian judicial organisation, and the jury d’assises. In particular the timeline for women in the legal profession is telling. Ten short videos with presentations in French and Dutch about recent research are the last element of this section.

Logo BeJust 2.0

Finally the links section of this website confirms its claim to be a portal for legal history. The concise choise of links concerns Belgium, France, digital resources, and some Transatlantic websites and projects. In the right sidebar you can browse for interesting items in a RSS feed. This portal does build on other major projects in Belgium, starting with BeJust 2.0. Other portals often have an events calendar, but it seems Françoise Muller and Xavier Rousseaux wisely have built a compact portal with space for future extensions. The footer of the portal mentions the 2016 prize of the Fonds Wernaers awarded by the Fonds National de la Recherche Scientifique (FNRS) for the best scientific website.

More statistics

Logo Lokstat

I found the attention to statistics a strong feature of this portal. I could not help noticing that it might be useful to add a more general website for Belgian statistics to this portal. The University Ghent has created the Lokstat project, an abbreviation of Lokale statistieken, local statistics. This project currently offers local statistics taken from the 1900 census in Belgium, with additionally an agricultural census from 1895 and an industry census from 1896, this one accompanied with maps. It would be interesting to combine these data with judicial statistics.

As a Dutchman admiring these efforts of a neighbour country I have not yet found similar Dutch judicial statistics at a special platform. The Centraal Bureau voor de Statistiek (CBS) has made a fine website for Dutch Censuses 1795-1971, accessible in Dutch and English. At CBS Historische Collectie you can consult digitized reports from almost two centuries. For the field of law and justice there are mainly reports from the second half of the twentieth century, for example prison statistics (1950-2000), crimes between 1950 and 1981, juvenile criminality (1974-1981) and crime victims (1980-1984). A quick look at general publications since 1813 in this digital collection shows judicial statistics were part and parcel of the yearly overviews. For four Dutch provinces there are yearbooks since the 1840’s (Provinciale verslagen).

It is not because you find everything at particular websites, but because they help you to look further, to value information, to think about problems you want to study or to contact scholars or read their work, that portals such as Digithemis deserve a warm welcome and attentive followers. Digithemis should serve as an invitation for the creation of similar portals for other countries and regions, too.

Law and art at Bruges

logo-blindfoldjustice_onlineThe close relations between law and art are a phenomenon which increasingly receives scholarly attention. In fact legal historians and other legal scholars in other disciplines have created a special field for studying the symbiotic appearance of law, legal iconography. Until February 5, 2017 the Groeningemuseum in Bruges presents the exhibition The Art of Law. Three Centuries of Justice Depicted. On january 16 to 18, 2017 a conference will take place at Bruges around this exhibit, with a slightly longer title, The Art of Law: Artistic Representations and Iconography of Law & Justice in Context from the Middle Ages to the First World War. Legal iconography is a subject I discuss here regularly, Among other reasons to promote this discipline is the chance to combine texts and images. On my website for legal history I have devoted a section to digital collections for legal iconography.

The imagery of justice and injustice

Gerard David, The Judgement of Cambyses, 1498 - Bruges, Groeningemuseum

At the heart of the museum and the exhibit is one of the most iconic paintings showing justice at work. If you try to look at it calm you will in the end shiver in front of the gruesome image at the right side of this double painting. Gerard David was commissioned by the city of Bruges to make this painting with The Judgement of Cambyses in 1498. Once it hung in the city hall, but since the nineteenth century it is among the highlights of the Groeningemuseum. The painter shows on his diptych at the left the Persian king Cambyses ordering the arrest of judge Sisamnes who was suspected to have accepted bribes. The story comes from Herodotus’ HIstories. The graphic depiction of the punishment delivered to this corrupt judge was meant as a warning to judges not to accept money for their judgment or to steer away from justice.

The power of this painting for the people of Bruges was apart from the powerful composition the use of contemporary settings for both scenes, with familiar buildings in the background and people wearing the clothes of their own time. The choice for a subject from Persian history taken from a Greek historian should make you think about the accessibility of Greek texts in fifteenth-century Europe either in the original or in complete or partial translations and adaptations. The painting of David played a role in Johan Huizinga’s view of late medieval society in his famous The Waning of the Middle Ages (1919), even though early editions were published without illustrations. Its first chapter had the title ‘s Levens felheid, “The fierceness of life”. Huizinga had seen an exhibition of early Dutch and Flemish paintings. The term “Flemish Primitives” might sound curious but is still sometimes used for the painters at the beginning of the great era of painting in the Low Countries. As for Huizinga’s view of the drastic character of late medieval justice, a recent article by Maarten Müller, ‘Het felle leven en het kalme gerecht : misdaad en straf in vijftiende-eeuws Haarlem’, Pro Memorie. Bijdragen tot de rechtsgeschiedenis 15 (2013) 5-31 – also availabe online – corrects his views to a large degree. Huizinga had edited sources concerning the legal history of Haarlem [Rechtsbronnen der stad Haarlem (The Hague 1911)]. It is rather strange that he did not hesitate to create a more colourful view of late medieval realities. By the way, in 2015 Pro Memorie devoted an issue to legal iconography.

cover-lesmotsdelajusticeThe conference from January 16 to 18 does not look only at medieval legal iconography. Only one day will be devoted to the Middle Ages. The second day centers around legal iconography in the Early Modern period, and on the third day scholars will look at the long nineteenth century. Many scholars from Belgium will speak at this conference, but otherwise scholars come to Bruges from all over the world. The range of subjects is impressive, and I have to stop myself from picking out my personal favorites and surprising themes! At the end of the conference the project IAP Justice and Populations will launch the new volume of studies Les mots de la Justice/Het verhaal van Justitie. The front cover shows the entrance hall of the Palais de Justice in Brussels, probably the most labyrinthine building ever built, showing both the power of law and justice in its huge dimensions, and alas almost as powerful also its intimidating power because of its impersonal dimensions. The header of the website of this Belgian project shows a nineteenth-century photograph of this immense building, looking very much as a kind of spaceship that has just landed on earth. The organizers of the conference succeed in overcoming the linguistic frontiers that often divide modern Belgium. Their happy cooperation should set an example for the future.

Logo Erfgoed BruggeAs for the lovely city of Bruges, you can balance the present look of the old city, for some tastes perhaps too idealized, with a look at home at the wonderful new portal Erfgoed Brugge [Heritage Bruges], only accessible in Dutch, with sixteen digital collections and catalogues  bringing you to documents in the archives, archeological findings, paintings and objects such as sculptures, tapestries and jewellery in the museums, the poetry and letters of Guido Gezelle, manuscripts, maps, newspapers, engravings, drawings and much more. Legal historians should note the recent addition of nearly one thousand printed poster-sized proclamations and ordinances from the First World War. You will have to register online with the Archiefbank Brugge to gain access to these aanplakbrieven, definitely a Flemish word. For those visiting Brugge the Groeningemuseum organizes also guided tours to the main locations of law and justice in medieval and modern Bruges.

The Art of Law. Three Centuries Depicted – Bruges, Groeningemuseum, October 28, 2016 – February 5, 2017

The Schelde river, a disputed boundary

The Low Countries owe their importance not only to political developments. Geographic conditions play a major role, too. The picture of the Netherlands as a country below sea-level in the Rhine and Meuse estuaries has become a cliché. More to the south another river, too, had formed a mighty estuary. The Schelde, in English often spelled Scheldt, and in French known as the Escaut, has formed an estuary in Flanders and in the Dutch province Zeeland. In particular the Westerschelde has played an important role in Dutch and Belgian history. Cities such as Ghent and Antwerp own part of their prosperity to their position on the Schelde river. The Westerschelde is at some points the border river between Belgium and the Netherlands. In this post I will look at a number of the conflicts around this river.

Scheldt River Collection, Peace Palace Library

Tracing the history of these conflicts has become easier thanks to the Peace Palace Library in The Hague which has created a digital Scheldt River Collection with some 300 publications, 35,000 digitized pages in all. These publications are not only in Dutch and French, but also in other languages. The Peace Library devoted in 2015 a Library Special on its website to the Schelde with a link to a report on the current situation of this river and a list of the main conflicts and events since 1585, The Scheldt estuary case: From conflict to cooperation. In this contribution I will look both at the history of conflicts about the Schelde and at the digital collection of the Peace Palace Library.

Centuries of conflicts

The navigation on the Schelde had been already an issue long before the Belgian independence in 1839. During the Dutch Revolt in the sixteenth century the blockade of the Schelde massively damaged the trade to and from Antwerp, and prompted many Flemish merchants to go to the North. Amsterdam’s growth in economic power around 1600 is to a substantial degree due to an influx of merchants from Flanders, their talents and networks. However, this period does not come into view in the digital collection. The Peace Palace Library has digitized books from its own collection. Apparently fifteen works from 1784 and 1785 are the earliest available. Among these works is a treatise by someone more famous for his role in French history. Honoré Gabriel de Riqueti, comte de Mirabeau (1749-1791) published a treatise with the title Doutes sur la liberté de l’Escaut, réclamée par l’empereur; sur les causes & sur les conséquences probables de cette réclamation (London 1785). It was this work that brought Mirabeau to the attention of the general public in France. The Peace Palace Library digitized also a contemporary Dutch translation of this treatise. Some of the digitized publications discuss the role of the Schelde in Dutch and Belgian history starting with the medieval period, for example Charles Terlinden’s study ‘The History of the Scheldt’, History 4 (1920) 185-197, 5 (1921) 1-10, which sparked immediately a reaction from a Dutch historian, F. de Bas, ‘Another version of the Scheldt history’, History 5 (1921) 159-170.

The rivalry between the Dutch North and the Flemish South has not been the only cause for conflicts. The Dutch neutrality during the First World War made matters even more acute. After the First World War the attempts at a new treaty about the Schelde and the proposals to build a canal between the Schelde and the Rhine-Meuse estuary failed in the end in 1927 after heated national debates. More than one hundred publications in the digital collection bear witness to this prolonged affair. Legal historians, too, looked at the Scheldt question. The digital collection contains two publications by Ernest Nys, ‘Les fleuves internationaux traversant plusieurs territoires : l’Escaut en droit des gens’, Revue de droit international et de législation comparée 5 (1903) 517-537, and L’Escaut en temps de guerre (Brussels 1910). In 1940 Eduard Maurits Meijers published his study ‘Des graven stroom’, Mededelingen van de Koninklijke Nederlandse Akademie der Wetenschappen, Afdeling Letterkunde, new series, 3/4, pp. 103-205, in which he traced the medieval claims and jurisdictions on the several branches of the Schelde. Meijers thoughtfully added transcriptions of the main documents he discussed. In 1953 Chris van der Klaauw, between 1977 and 1981 the Dutch minister of foreign affairs, defended his Ph.D. thesis in history about the interwar relations between the Netherlands and Belgium [Politieke betrekkingen tussen Nederland en België, 1919-1939 (Leiden 1953)].

Map of the Schelde estuary, 1784

The search function for this digital collection is rather restricted. There is only a free text search field. A bit more disturbing is the chronological order of presentation. At the very end of the chronological list you will find some publications with the year of publication marked 19XX and also those with the year of publication between parentheses. All digitized publications are only available as PDF’s. It would be very helpful to have a map of the Schelde estuary, or better, a series documenting not only the changing Dutch and Flemish frontiers, but also the changing shapes of the various isles of Zeeland, lands newly reclaimed and added as polders, and the changing river branches. Mirabeau already added a map to the first edition of his treatise in 1784. The second edition mentioned the presence of a map explicitly in the title. As a solace I offer here a screen print of the map in the digitized copy of the first edition. If you want to pursue a search for digitized old maps you might want to look about my contribution of last year about 200 years Dutch cartography and historical-geographic information systems.

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How wide is the coverage of this digital collection? I could not help thinking of visiting the website of i-Hilt, the center for the History of International Law at Tilburg University. In July 2016 the center launched a new version of its online bibliography, a PDF with nearly 400 pages. I had not expected to find just one publication referring directly to the Schelde, Alain Wijffels, ‘Flanders and the Scheldt Question. A Mirror of the Law of International Relations and its Actors’, Sartoniana 15 (2002) 213-280. It might look like a classic example of having a famous case almost at your doorstep – the distance from Tilburg to the Schelde is some fifty kilometers – and somehow almost overlooking it… Randall Lesaffer provides very useful basic reading lists for the history of international law, including historiography and methods. The links section of i-Hilt is also worth checking. I checked the Digitale Bibliografie voor de Nederlandse Geschiedenis, and alas I could find just thirty publications about the Schelde, and even less for studies dealing with the conflicts. One of the articles not to be missed is by Frits Doeleman, ‘Zeggenschap op de Honte’, Tijdschrift voor Rechtsgeschiedenis 43 (1975) 24-43. Its very title is a warning to look beyond the mere word Schelde! Cardholders of the Dutch Royal Library and users at subscribing institutions can use the bibliographical and iconographical database of the former NCRD, with for the Schelde nearly 70 items, most of them publications, but alas since some ten years not updated. Of course I looked also at the Belgian counterpart of the DBNG, the Bibliographie de l’Histoire de Belgique / Bibliografie van de Geschiedenis van België – BHB-BGB with its trilingual interface and more relevant results than in the DBNG. These bibliographies can be found at the portal European Historical Bibliographies. Returning to the question of this paragraph I think it is safe to conclude that the Peace Palace Library performs a real important service for scholars in presenting this digital collection.

I checked also for the presence of digitized books concerning the Schelde in Delpher, the digital library of the Dutch Royal Library, but I noticed only few of the books now available online thanks to the Peace Palace Library. At Delpher in particular the relevant works published around 1785 are present, and they can be viewed in more ways. The library catalogue of the Zeeuwse Bibliotheek contains only a few books dealing with the Schelde problems, and unfortunately I could not reach the website of this fine library in Middelburg. The Zeeuws Archief has in fact more relevant publications in its holdings. The archival collection concerning pilots on the Schelde is particularly interesting [Rijksloodswezen, 6e District, Monden van de Schelde, (1808) 1835-1950 (1966)].

In Belgium you should look in particular at the websites of the Felixarchief, the municipal archive of Antwerp, the Erfgoedbibliotheek Hendrik Conscience, and the Museum aan de Stroom, situated on a quay of the Schelde. These websites have multilingual interfaces. The Anet meta-catalogue enables you to search with one action in many libraries at Antwerpen, including the university library. The Flemish digital library Flandrica, too, contains some items documenting Flemish history around the Schelde river. The Short-Title Catalogue Vlaanderen (STCV) helps you tracing books printed in Flanders between 1500 and 1800.

After looking at this new digital collection I am aware much more can be said about the Dutch province Zeeland which indeed is a province of islands and sea. Floods took sometimes a great toll on the areas adjacent to the several branches of the Schelde. Whole polders have thus disappeared. Ironically there is a modern dispute about the last polder reclaimed from the Westerschelde, the Hedwigepolder. The history of international law is one of the many possible approaches to the history of a river which both connected and divided the Low Countries. The Schelde connects and divides even today in some respects.

A postscript

The digital Scheldt collection of the Peace Palace Library has moved to a new web address.

500 years Utopia

Quentin Matsys, portrait of Pieter Gilles

Portrait of Pieter Gillis by Quentin Matsys – Rome, Galleria Nazionale d’Arte Antica – source: Wikimedia Commons

This year I have succeeded so far in avoiding centenary celebrations, but some of them are definitely interesting from the perspective of legal historians. In 1516 Erasmus published his edition of the Greek text of the New Testament, the Novum Testamentum graece, with for us a remarkable title, Novum Instrumentum (…) (Basel: Johann Froben, 1516; VD16 B 4196; online for example at the Swiss portal e-Rara). Even with all its shortcoming this edition proved to be a starting point for many developments in scholarship and theology. Legal historians might prefer to leave the onset of the Reformation to church historians and theologians, but they will certainly not want to forget another book published in 1516, Thomas More’s Utopia (Louvain: Dirk Martens, 1516; more bibliographic details in the Short Title Catalogue Vlaanderen).

The flood of literature about More, his book and his circle make it almost impossible to look at it without preconceived opinions and views. Is it possible to say something new, something worth reading at all within the compass of a blog post? However you may think about this state of affairs, I would like to present one of the main figures appearing in More’s Utopia. Pieter Gillis was a humanist scholar who merits attention for his work in the field of legal history, in particular with his edition of a source for the history of Roman law, yet another book printed by Martens in Louvain. In fact, it is seldom noted at all Gillis was a trained lawyer, and thus certainly prepared for his tasks as the city registrar of Antwerp. He is not the only lawyer you will encounter here.

First editions from Louvain

Why should authors in the early sixteenth century turn to Dirk (Thierry) Martens (1446-1534) for the publication of their books? The Nationaal Biografisch Woordenboek has a fine article on him (vol. VI, col. 633-637). Martens printed his first book already in 1473 in his native city Aalst. He was among the earliest printers of the Low Countries. His first publication – published together with Johann of Paderborn – was a religious work, the Speculum conversionis peccatorum of Dionysius Cartusianus (Denis of Ryckel), a book digitized in the Flemish digital library Flandrica (GW 8420). From 1492 onwards Martens had his firm in Antwerp and since 1512 in Louvain, the only university town of the Low Countries. In 1491 he used for the first time in the Low Countries Greek type fonts. Printing the works students needed provided him with a stable market. Martens is even credited with promoting the use of the Roman type font. He was definitely a printer with some remarkable feats on his record.

Pieter Gillis (latinized Petrus Aegidius) (1486-1533) initially studied law at Orléans (1501). However, soon he became active as a corrector for the printing firm of Dirk Martens. Already in 1503 or 1504 he met Desiderius Erasmus, one of the authors coming to Antwerp to have his books published by Martens. In 1504 Gillis registered as a student at the university of Louvain, and in 1509 Gillis became the city registrar of Antwerp. In 1512 he got the degree of a licentiatus in law from the university of Orléans. Dealing with Gillis is indeed entering also the book trade of his time, one of the reasons I supply for the book titles in this post at least some bibliographical references. The NBW has a good biographical article on Gillis by M. Nauwelaerts (vol. I (1970), col. 4-7). A much older article in German by A. Rivier for the Allgemeine Deutsche Biographie can also be consulted online (ADB (1875) 125-126).

The road to More’s Utopia

Ambrosius Holbein, image with More, Aegidius and Hythlodaeus

Ambrosius Holbein’s illustration with the protagonists of More’s Utopia – edition Basel 1518, p. 25; copy Yale University, Beinecke Library

Before going to More’s Utopia I must acknowledge here the great assistance offered in writing this post by the very useful and extensive International Thomas More Bibliography of Romuald Lakowski. The story of how More came to write Utopia scarcely needs retelling. As a diplomatic envoy he met Pieter Gillis in 1515. The two men became friends, and one of the fruits of their meeting was More’s book. In the prologue of Utopia More tells about his encounters with Gillis and Raphael Hythlodaeus, the stranger recently arrived from Brazil whose stories are the very heart of his book. When preparing this post I wondered where people would have found the famous images taken from the first edition of Utopia, the image of the island and the Utopian alphabet. Surely this last feature came into existence thanks to the suggestions and expertise of both Gillis and Martens. Lakowski provided me with the link to a digital version of the first edition of Utopia at a library where you probably will not expect a copy, the Gleeson Library of the Geschke Center at the University of San Francisco. The digital books in this library cannot be found using regular online search tools such as the Karlsruher Virtueller Katalog and the Universal Short Title Catalogue (University of St. Andrews). Other early editions such as the one published in Paris by Gilles de Gourmont in 1517 (Gallica) and the famous edition by Froben (Basel 1518) can readily be found in various libraries, the latter for example in the Folger Shakespeare Library, Washington, D.C.

The Latin text of More’s Utopia can be searched in several ways. You will find just the text in The Latin Library, and a colourful version at the Bibliotheca Augustana of Ulrich Harsch, based on the version created at the Oxford Text Archive. For a linguistic approach you can benefit from the search functions offered in the version at IntraText. At first I would have preferred to leave translations out, and thus honour the principle ad fontes so dear to sixteenth-century humanists, but having a translation within your reach is most helpful. The first translation of More’s Utopia was the work of a legal humanist, Claude Chansonnette (Claudius Cantiuncula). Interestingly Cantiuncula (around 1493-1560) had been at Louvain before going to Basle where he published his translation Von der wunderbarlichen Innsel Utopia genannt das andere Buch (…) (Basel: Bebelius, 1524; digitized at the Bayerische Staatsbibliothek, Munich). Cantiuncula decided to translate only the second part of More’s book, not the first half. At this point it is most welcome to point to the bibliographical survey of people connected to Desiderius Erasmus, Contemporaries of Erasmus. A biographical register of the Renaissance and Reformation, [CE] P.G. Bietenholz and T.B. Deutscher (eds.) (3 vol., Toronto-Buffalo-London 1985-1987; reprint 2003). This work contains entries for Pieter Gillis (CE II, 99-101), Dirk Martens (CE I, 394-396) and Claude Chansonnette (CE I, 259-261), and of course for Thomas More (CE II, 456-459).

Among the modern German translations of Utopia the version of historian Gerhard Ritter (1898-1967) is still being reprinted. Ritter made his translation early in his career (1922). You can see in a post from last year my photograph of several pocket law books accompanied by the modern incarnation of Ritter’s translation which gives you also the Latin text.

A meeting of lawyers

Title page of Gillis' edition with the Epitome Aegidii

The title page of Pieter Gillis’ edition of the Epitome Aegidii – Louvain: Martens, 1517 – copy Munich, Bayerische Staatsbibliothek

The excellent website of Lakowski with its most useful bibliographies for many subjects concerning Thomas More and his Utopia taught me looking at legal matters around Thomas More is not something new. In this post I will just look at a few aspects. Let’s go back to Pieter Gillis who published in 1517 a number of sources in the field of Roman law. Dirk Martens printed his Summae sive argumenta legum diversorum imperatorum… Caii et Iulii Pauli Sententiis (USTC 403069; digital copy at the Digitale Sammlungen, Munich). The Latin title of his book is certainly long, but it does clearly indicate the constituing parts edited by Gillis. His work contains the editio princeps of the Epitome Aegidii, a shortened version of the Breviarium Alaricianum/Lex Romana Visigothorum, in itself a reworking of the Codex Theodosianus. The manuscript he used contained also a shortened version of Gaius’ Institutiones (Epitome Gai) and the Sententiae Pauli. Among the rare Early Modern editions of these texts is a very rare book by the famous Dutch book collector Gerard Meerman, Specimen animadversationum criticarum in Caii Jcti Institutiones (…) (Lutetiae Parisiorum: apud Merigot, 1747).

The story of Pieter Gillis’ edition is intriguing. What manuscript did he use? Surprisingly Marcel Nauwelaerts wrote in his article for Contemporaries of Erasmus about Gillis’ edition “of which is a manuscript is preserved in the library of the University of Leiden (MS BPL 191 ba)” (CE II, 101). Is there truly a manuscript once owned or written by Petrus Aegidius? Many manuscript catalogues at Leiden can be consulted online in its Digital Special Collections. The manuscript Leiden, UL, BPL 191 BA can even be viewed online. The catalogue entry by P.C. Molhuysen makes it very clear this manuscript belonged to Paul Petau who wrote a brief summary of the content on the flyleaf. It seems Nauwelaerts was too eager to find a manuscript connected with Gillis. The manuscript has also been described within the online project Medieval Manuscripts in Dutch Collections, but here, too, things are not completely straightforward. Searching for the Epitome Aegidii yields only the manuscript Leiden, UL, VLQ [Vossiani Latini in quarto] 119. When searching directly for BPL 191 BA you find it with as its title Epitome legis Romanae Visigothorum, which is in itself not wrong, but not complete either.

Finding out more about the Epitome Aegidii

Logo Bibliotheca legum

A few years ago Karl Ubl (Universität Köln) started the Bibliotheca legum, a project dealing with early medieval law in France. The project deals with many texts and a multitude of manuscripts, including those with Roman law texts and the early medieval law codes conveniently known as the Völkerrechte, “laws of the nations”, because they were addressed to the populations of certain territories. The Breviarium Alaricianum, also known as the Lex Romana Visigothorum, is among them. The Epitome Aegidii, too, figures in this project, currently with thirty manuscripts. Here it becomes clear the Dutch manuscript portal should also refer to Leiden, UL, BPL 114, also consultable online. When you search for “Epitome edited by Aegidius” you will find it together with BPL 191 BA, but without Voss. lat. qu. 119. The Manuscripta juridica database at Frankfurt am Main uses the term “Lex Romana Visigothorum (“Breviarium Alarici”) (Epitome Aegidii)” and offers 25 manuscripts.

The Epitome Aegidii is also among the many subjects in the opus magnum of the late José Maria Coma Fort. His book Codex Theodosianus: historia de un texto (Madrid 2014) is available online in the digital repository of the Universidad Carlos III de Madrid (PDF; 3,8 MB). Last year Faustino Martinez Martinez reviewed this book most approvingly for the online journal Forum Historiae Iuris. Here I can scarcely do justice to the efforts of José Coma Fort. He mentions Gillis at several turns and discusses his edition in detail at p. 371-375. He concluded the manuscript Gillis used is probably no longer extant. Coma Fort brings into relief the way Gillis’ edition was almost unknown until Meerman’s reimpression, and he looks in particular at the discussions concerning the Epitome Aegidii of humanist scholars such as Bonifacius Amerbach, Johannes Sichard and Johannes Cujacius. Did they willingly ignore the editio princeps? Even today it can be considered a rare book. One of the earliest general bibliographies, Konrad Gessner’s famous Bibliotheca universalis (Tiguri [Zürich]: Froschauer 1545; online at e-Rara) has an entry for Petrus Aegidius without his legal work (p. 543). The USTC has references to eleven copies. Using the Karlsruher Virtueller Katalog I could add copies at Lausanne, Vienna (ÖNB, online) and Heidelberg. The Vatican Library, too, has a copy. The tenacity of Wouter Nijhoff and especially M.E. Kronenberg in creating together the Nederlandsche bibliographie van 1500 tot 1540 (‘s-Gravenhage 1923-1971) comes only sharper into view for current scholars with so many resources within easy reach online. In their bibliography NK 15 is the entry for Pieter Gillis’ book, and NK 1550 deals with Martens’ edition of More’s Utopia.

Dirk Martens of Aalst printed at Louvain in 1516 yet another editio princeps, the first edition of the book on legal argumentation by a Dutch lawyer, Nicolaus Everardi (around 1462-1532), his Topicorum seu de locis legalibus liber, a work I studied for my Ph.D. thesis. In 2011 I presented here a post about the digital versions of several sixteenth-century editions of this book, incidentally one of my most often read posts. It is only fitting to revisit in the 200th post of my blog Louvain in 1516. At the end of this post I realize how I like to bring things together in one post. Hopefully you will not mind the way I led you here to such important resources as the Bibliotheca legum and José Maria Coma Fort’s great book on the transmission of the Codex Theodosianus!

A postscript

University College London organizes on June 30 and July 1, 2016 the graduate conference Imagined Worlds in the History of Political Thought, an event also in coniunction with the quincentenary of Thomas More’s Utopia. You can send a proposal for papers before April 15, 2016, by mail to conference@historyofpoliticalthought.net.

In this post I could have mentioned the English online traduction available at The Open Utopia, but the focus here was clearly on the Latin original.

Bruegel’s bewitching legacy

Detail of a print by Pieter Bruegel the Elder - Amsterdam, Rijksmuseum

Pieter Bruegel the Elder, Saint James visiting the magician Hermogenes (detail) – Amsterdam, Rijksmuseum

Exhibitions sometimes make you hesitate to visit them at all. Will they only confirm what you already knew or suspected, or will they offer you food for thought and send you in new directions? Since September 19, 2015 you can see at the Museum Catharijneconvent in Utrecht, a museum for the history of Christian art in the Low Countries, an exhibition about images and the imagination of witches. Bruegel’s Witches focuses on drawings, prints and paintings by the great Flemish artist Pieter Bruegel the Elder (around 1525-1569). The exhibition credits Bruegel with creating in a few works the very stereotype of witches, looking as a woman with wild hairs and flying though the air on a broom. In is very best tradition the museum looks also at Bruegel’s contemporaries, shows earlier images of magicians and sorceresses, and it follows the impact of Bruegel’s imagination through the centuries. In 2016 the exhibition will be put on display at the Sint-Janshospitaal in Bruges.

This month Museum Catharijneconvent also shows the Utrecht Psalter (Utrecht, University Library, ms. 32), the most famous medieval manuscript in the holdings of Dutch libraries. This manuscript with vibrantly illuminated pages from the early ninth century is only rarely shown in public, and even scholars seldom are allowed to look at it. If you have your doubts about the Bruegel exhibit, you should come at least for the Utrecht Psalter.

Witches in context

At the Catharijneconvent, a former hospital and convent of the Knights Hospitaller, Christian art is always presented within the context of other expressions of Christian life and practice. In this exhibition, too, you will find objects from daily life and criminal justice, and also books. A particular resource used here are the so-called Wickiana, some 430 illustrated newsletters from the sixteenth century collected by the Swiss protestant vicar Johann Jacob Wick (1522-1580) who also wrote a chronicle about events in Zürich. The Zentralbibliothek in Zürich has digitized the Wickiana. This source is not only a form of communicating news, but it offers also a window to popular culture and protestant views of culture and life. The Wickiana shows the use of images and relate also to the perception of all kind of events and elements of culture at large. From the perspective of book history they belong to the category of pamphlets, or even more precisely to the Einblattdrücke. On my website for legal history I have created an overview of digitized pamphlet collections. Wick’s collection contains also many of his own coloured drawings.

The exhibition shows materials bearing directly on the way courts dealt with witches. There is for example a copy of Joost de Damhouder’s Praxis rerum criminalium (Antverpiae 1556). You can look at archival records from the castle Huis Bergh in ‘s-Heerenberg from 1605 about a trial against Mechteld ten Ham who was accused of sorcery (available online [Archief Huis Bergh, inv. no. 7268]). Interesting is also the so-called schandhuik, the “cover of shame”, from ‘s-Hertogenbosch, an object designed to parade infamous women. Among the books on display is also a treatise by the Jesuit Martin Antonio Delrio (1551-1608), Disquisitionum magicarum libri sex (Lovanio 1599), a book dealing both with the theological interpretation of witchcraft and with the role of judicial courts. Delrio was a humanist scholar, a nephew of Michel de Montaigne and a friend of Justus Lipsius. It prompted me to look at the number of books dealing with witchcraft and demonology signalled by the Universal Short Title Catalogue (USTC) in St. Andrews. The USTC gives you hundreds of titles, and you find of many works several editions. By the way, the book of De Damhouder appeared also in Dutch and French. The USTC is one of the portals indicating also access to digital versions of these works.

Firing the imagination

When you visit the exhibition at Utrecht, you can view the works of art, artefacts, books and pamphlets using a summary guide (Dutch or English), use an audio tour or dive into a fine classical exhibition catalogue. Walking through the rooms and corridors of this exhibition can thus be a rather normal contemporary museum experience, or you can choose a multimedia approach to submerge yourself into the dark world of Early Modern imagination. However strong images and imaginary worlds may be, they combined with the forces of churches and courts to create images of women. Even when they escaped from outright persecution women had to cope with very powerful unfavorable representations of their gender. Imagination, perspectives on gender and anxieties were part and parcel of the period which saw the growing impact of real and imagined magic and sorcery. The role of courts in dealing with witchcraft surely did not always do credit to law and justice.

This exhibition at Utrecht is visually attractive and seduces you to some extent to revel in the imagery of witchcraft, but there is a sober and more disconcerting reality behind which should not be lost out of view. Malcolm Gaskill’s volume Witchcraft. A Very Short Introduction (Oxford, etc., 2010) has been translated into Dutch in 2011 by Nynke Goinga [Hekserij, Een kort overzicht (Rotterdam 2011)]. I seldom condemn books or translations, but this translator succeeds in utterly missing the crux of the matters under discussion. Many translated sentences sound strange as if she did not understand at all the subject of this book. Alas witchcraft as a historical subject will remain open to the fascination of those people searching for sensation and esoteric phenomena. There is too much at stake around this subject to leave it to thrill seekers and freaks. However, such statements do not make it easier to face the challenges to deal with this complex subject, starting with the oceans of publications about witches and sorcerers. We need the powers of deep thinking and applying all of the (legal) historian’s crafts to do justice to this aspects of Early Modern history. If this exhibition convinces you at least of the value of this conclusion, your visit will be fruitful.

De heksen van Breugel / Bruegel’s Witches – Utrecht, Museum Catharijneconvent, September 19, 2015-January 31, 2016, and Bruges, Sint-Janshospitaal, February 25 to June 26, 2016

A postscript

Klaus Graf pointed in one of his latest 2015 posts at Archivalia at the online version [PDF, 200 MB] of the dissertation by Renilde Vervoort: “Vrouwen op den besem en derghelijck ghespoock.” Pieter Bruegel en de traditie van hekserijvoorstellingen in de Nederlanden tussen 1450 en 1700 [“Women on brooms and similar ghostly things”. Pieter Bruegel and the tradition of witchcraft iconography in the Low Countries between 1450 and 1700] (Nijmegen 2011).