Tag Archives: Colonial history

Suriname’s slavery registers unbound

Start screen slavery regisyers, Nationaal Archief, Suriname

On July 1, 1863 slavery was officially abolished in Suriname. A ten-year transitional period followed during which former slave owners received a monetary compensation for each former slave. Since many years people originally coming from Suriname celebrate in The Netherlands on July 1 the feast of Keti Koti, “The Breaking of the Chains”. It is only fitting that last week the digital version of slave registers kept between 1830 and 1863, now hold by the Nationaal Archief of Suriname (NAS) in Paramaribo, was launched by a number of institutions led by Coen van Galen at the Radboud Universiteit Nijmegen and Maurits Hassankhan at the Anton de Kom Universiteit van Suriname, with support from the Dutch National Archives in The Hague.

Last year I reported here on the project to move a number of archival collections concerning the history of Suriname from the Dutch Nationaal Archief to the NAS, and to digitize also a number of these collections. Collections with relevancy to legal history figure large among them. The digitization of the slavery registers is a key element completing the efforts for digital access and conservation, indexing the registers and making them much more accessible for researchers and the general public worldwide. In this post I will look at these registers and their online presence.

A crowdsourcing project

Logo crowdsourcing project "Maak de Surinaamse slavenregisters openbaar"In January 2017 the project for indexation and digitization of these slavery registers started, just after the transfer of important archival collections from The Hague to Paramaribo. A campaign with the slogan Maak de Surinaamse slavenregister openbaar, “Make the Surinam slavery registers public”, proved effective. Some 600 people donated money for the project, and some 400 volunteers helped indexing the registers. To put the record straight, anyone could and can come to these archives to gain access to the original volumes, provided their material state is not too fragile. It is safe to assume that you need to come with good arguments to touch them now they can be consulted online. The Dutch National Archives did already provide public access. The operation to bring archival collections back to Suriname created a more urgent need for conservation and digitization.

The digitized registers now in Paramaribo [NAS, toegang (finding aid) 16, inv.nrs. 1-43] can be accessed using an index form shown above. On purpose the NAS has not placed these registers among its forty digitized archival collections. The Dutch National Archives provide also online access to the slavery registers among its ever-growing set of online indexes. You can download the index in its entirety (4,2 MB, zipped file). At this point something becomes clear when you look at the URL of this file, a web address in The Netherlands at the search portal Ga het NA of the Nationaal Archief in The Hague. The search form of this digital resource at both archives is almost, but not completely identical.

Accessing the slavery registers

Logo Dutch Nationaal Archief, The Hague

You can use either a simple search form (Eenvoudig zoeken) with three fields, one for a free text search and two fields for setting a period, or go to Uitgebreid (Advanced search) with more fields. In the second mode there are additional fields from the slave name, the name of the mother, and the name of the slave owner. You can click on the search results in order to get both the information on a person, including also gender, references to the registers and the type of register – with its inventory and page number – and an image of the page in question. It is possible to zoom in at will to any image. Each scan has an individual URL, a URL from my country when viewing individual results, meaning there is one single database behind the two versions. By clicking on the field name in the results you can change their order. You will find either the names of owners or the name of the plantation and its location.

NAS, series 16, no. 34, fol. 2667

It is not my purpose to single out here any defects and omissions, but a few things are very visible. First of all the version hosted in The Hague contains additional information which is not or not yet provided at the website of the NAS. The section Achtergrond (Background) informs you about the information given in the search fields, with a second page about slavery in Suriname and the introduction of slavery registers and their survival. There are important losses, not in the least some registers of slaves owned by the Dutch colonial government. In the registers mutations such as birth and death, acquisitions and sales should be written down. A third page on Gebruik (Use) contains instruction on the use of the indexes and the interpretation of results, and also a handy list of common abbreviations in the registers. The other pages contain a colophon about the project and the user license (CC-BY-SA 3.0 NL).

A second thing to note is the incomplete translations in the English version of the search form. Even the simple search form has not yet been translated completely. The field names in the results screen have not been translated. A much sillier thing becomes also visible: In cases where there is no gender information, the volunteers entered the word Leeg (Empty). I suppose there are more concise and effective ways to convey the fact that no data have been entered in a particular field.

Viewing the context

Using to a large extent at this moment only Dutch for this project is not a particular lucky thing, and you can even extend this to the project website. Translations in languages such as English and Sranantongo are not just welcome, they are simply needed to really open this resource to people worldwide with interest in Caribbean history, the history of slavery or Dutch colonial history. For any project on Dutch colonial history in the East Indies contemplating translations into English and/or Bahasa Indonesia is luckily a natural thing. The project team states flatly these registers are a worldwide unique resource, the only series of its kind. On the project website some further, rather important explanations about the actual state of the slavery registers are offered. It appears no general index to the series existed. Some registers could be consulted on microfiches, but without one or more indexes searching would mean wandering in a jungle without much hope for any results. The thing to note here is that only in 2017 the need for an index was perceived as sufficiently urgent to start a project to deal with this sorry situation. Earlier on having only severely hampered access seems not to have led to constructive action. Van Galen and Hassankhan rightly stress the importance of the slavery registers for not only genealogical research, but as a key resource to connect with the manumission registers, neighbourhood registers of the city Paramaribo and other sources for Suriname’s history during the nineteenth century. The historic context and the slavery registers can enrich the information contained in them in both directions.

Surely we need to thank Coen van Galen and Maurits Hassankhan and the army of volunteers who succeeded in getting their tasks completed in time. Van Galen and Hassankhan provide on the project website a very useful page with four PDF’s with information that should immediately be included on the websites of  both versions of the online index. The project leaders provide a list with the names of plantations and other Dutch posts in 1834 (530 kB), a list with the names of free people in Paramaribo in 1846 (2,2 MB), both created by Huub van Helvoort, a list with first names of enslaved people on a number of plantations (70 kB), and even a list of letter forms, letter combinations and some Dutch words in nineteenth-century Dutch script (650 kB). It is good to see some basic historical skills are not forgotten! However, to my disbelief I did not find on the project website the URL of the index, not even after a few days… The slogan Open the slavery registers seems to have been at least temporarily forgotten by the web team. More down to earth, the current summer heat in my country, the gulf of enthusiasm about the launch, and the very end of the academic year created perfect excuses for forgetting to open literally the doors to the final results of the project also at the project website. The absence of news items from June and July 2018 is another indication for the sleeping state of the project website.

Such omissions and minor problems can be fixed quickly. I would urge anyone involved with this project to proceed as soon as possible with distributing lacking information to both versions and completing the translations. This succesful project well deserves this last effort to remove the barriers and chains which hindered easy access and practical use. The slavery registers of Suriname deserve interest from many corners.

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A new resource on the legal history of violence in the United States

Banner Repsoitory of Historical Guin law - Duke University

At least on a few occasions even historians who try to remain detached from contemporary matters cannot escape from them. A blog dealing with law and history inevitably will touch major themes such as injustice, inequality, violence and slavery, things that are still present in our world, and are definitively not only history. The four themes mentioned here set a challenge to anyone thinking and writing. The subject of violence I have chosen for this post does not come completely unexpected. This month I read a notice about a new scholarly resource on the history of legislation about arms in the United States. Joseph Blocher and Darrell Miller (Duke University School of Law) have created a repository of historical gun laws. I will discuss here its contents and functions. By looking briefly at some contemporary resources on violence I will not shut out the present here entirely.

Finding laws

Blocher and Miller explain the way they compiled the information for their repository quite clearly. The first thing to notice is that the database does not contain the latest laws, statutes and other regulations. You will find English laws starting in the Middle Ages up to 1776, American legislation for the colonial period from 1607 to 1791, the year the American constitution was ratified, laws around the Fourteenth Amendment, and legislation up to the National Firearms Act of 1934. Colonial legislation has been limited to legislation in later American states. The legislation entered into the repository has been taken from regular resources such as well-known licensed databases on legislation by the Congress and state statutes, the Making of Modern Law, Yale Law School’s Avalon project and more general sources. A search for items mentioning the word gun was performed for the Session Laws. In the Making of Modern Law Blocher and Miller searched for the words gun(s), rifle(s) and pistol(s). The editors decided not to include every local regulation for every period. Sometimes a statute merely repeats earlier legal enactments. The spelling of older texts has been adjusted. On the blog of Duke Law School Blocher and Miller told on April 4, 2018 more about their project which contains currently some 1,500 items. They propose to add continuously newly discovered statutes, to expand the information for the colonial period, and of course they will correct factual errors.

Instead of creating at the outset a database with complete coverage of all possible legislation the two scholars at Duke did very sensible aim to deliver a set of materials which cover a most substantial period with due attention to colonial history. In the repository you can search at will using the free text field, and set filters for seventeen particular themes, for example militia regulations, hunting, manufacturing, sensitive places and times, race and slavery, and involvement of minors. It is possible to limit your search to specific years, and you can search for English law and for legislation from one or more states. The repository gives the texts of provisions, labelled with the usual current legal reference. A link to the sources used is also given. Thus you will find an act about the storage of weapons enacted on March 24, 1629 by the state Virginia with the reference 1629 Va. Acts 151, Acts of March 24, 1629, Act 5, and in this case a link to a digitized version in the Internet Archive of The statutes at large, being a collection of all the law of Virginia (…) (New York,1823). This statute at page 151 of the edition dealt with potash and nitre (saltpeter), vital ingredients for gunpowder.

The repository has six statutes on storage between 1607 and 1776, and eight from 1776 to 1791, and you will find 54 statutes on this subject from 1791 to 1861. Storage is the subject of 191 statutes in this database. I would not have labelled a statute of king Alfred from 890, the oldest law in the repository, about the way one has to carry a spear under storage, but under carrying weapons. The source used for this law is not given. In the edition of F. Liebermann, Die Gesetze der Angelsachsen (3 vol., Halle, 1903-1916) it is probably the statute no. 33 (I, 68-71). Of course this is only a detail, and one that can be quickly adjusted. The possibility of classifying statutes under two labels is certainly a matter needing attention. However, the important thing is that this repository enables you to pose questions about a particular genre of gun laws with a more than reasonable chance to find sufficient coverage. Thanks to the project Early English Laws I could quickly search for this medieval law.

At this point it becomes interesting, too, how we encounter laws with a relation to racial matters in the Duke repository. I will not spoil here your own curiosity by giving here a number of results for all subjects. For race and slavery you will find an overall total of 38 results. Here I cannot help thinking about Hein’s massive digital collection Slavery in America and the World where you can certainly find more or at least make valuable comparisons of the coverage. In 2016 I have discussed here at length some of its flaws and omissions, but it is a very valuable collection. Some quick searches among slavery statutes brought me already dozens of statutes which seem relevant for comparisons. Minors and other persons deemed irresponsible occur in 67 results in the Duke repository. Apart from statutes and regulations you will see also references to state constitutions and codes of law.

From the past to the present

It is not a regular thing to encounter a database with matters from the ninth to the early twentieth century. One of the compliments you must make to Blocher and Miller is that the quality of the repository makes one thirst for a sequel into the present. I suppose the editors reckon with the ability to find relevant legislation quickly, using either the licensed databases accessible at American law schools and elsewhere in research libraries, or the marvellous sets of digitized legal materials put online by the Law Library of the Library of Congress, together with links to other resources in open access. If you want to find online more about American legal history you can benefit from Legal History on the Web, the portal site of the Triangle Legal History Seminar at Duke University, for Blocher and Miller perhaps too obvious to mention!

It is impossible to ignore the current turmoil and debate about violence and gun laws in the United States. It would mean ignoring an elephant in the room. I was surprised the ever vigilant team of the Legal History Blog had not yet written something about the Duke repository. Maybe other recent news from Duke University was considered more pressing. The urgency of the situation around the use, abuse and possession of arms is clear to me, but here I can and will not offer my thoughts about possible remedies. For further information you can consult online websites such as the Gun Violence Archive, the Mass Shooting Tracker based on crowdsourcing, and Mass Shootings in America of the Stanford Geospatial Center. Projects such as Every Town for Gun Safety and The Trace bring news and background information concerning shootings, gun related violence, gun possession and gun laws in a larger context. At Mother Jones you can find a dataset concerning mass shootings in the United States between 1982 and 2018. SafeHome has an online dossier Gun Laws vs. Gun Deaths with maps showing the differences between American states.

Judicial statistics can generally be found at the website of the Bureau of Justice Statistics. Its page on weapon use will be at the focus of your attention. Those with access at a subscribing institutions can use the online edition of the Historical Statistics of the United States, where you can buy also two-day access to individual parts of it, or you can use the open access version of Historical Statistics of United States, Colonial Times to 1970 provided by the United States Census Bureau which brings you also to statistics for individual states. For statistical comparisons between countries one might start at the Swedish portal for historical statistics with as its core data for 21 countries.

If I had decided to follow here the path of historical statistics I would have added a second post. I am well aware more can be said, and that there are probably other online entrances to this kind of data, but I had rather not hide the main line of this contribution. The shooting at the Stoneman Douglas High School in Parkland, Florida on February 14, 2018 led to massive protests. In my view the database created by Blocher and Miller is one of the things helping to reflect on the development of law and justice concerning weapons in the history of the United States. They perform a service to the public. Hopefully others, and in particular law schools, lawyers and other legal scholars are willing, too, to consider what difference they themselves can make by studying the impact of visible and hidden violence, and how laws, statutes and other regulations work and worked to achieve justice for the victims and anyone hurt by violence. Its role in American history and in legal history needs study in all its aspects.

Deciphering texts and Dutch legal history

Historians sometimes dream just as much as anyone else of immediate and intimate contact with the past. Museums nowadays create exhibitions and permanent rooms where often the experience of artefacts and objects is as important as the objects themselves. Historical documents can work as a time capsule, in particular when you have letters or diaries in front of you. Within several projects around the Prize Papers of the High Court of Admiralty held at the National Archives, Kew, letters take pride of place. Digitization projects have helped to approach them more directly than ever before. However, scholars sometimes sigh in front of historic Dutch handwriting. Is there any help in English for those wanting to decipher and study Dutch materials from the medieval or Early Modern period? In this post I would like to look at a number of online tutorials and guides, in order to compare their qualities, and to address also some of the difficulties you encounter. Two online projects prompted me to look here at Dutch palaeography and to search for online assistance in English.

The challenge of Dutch handwriting

A number of posts at my blog deal with old Dutch documents. I have looked here both at the Dutch letters surviving the centuries within the Prize Papers, and at projects dealing with other series within the archive of the High Court of Admiralty. In 2017 I looked at the 1623 Amboyna conspiracy trial with a numver of archival records in Dutch with transcriptions and translations into English. Faithful readers might remember my summer posting about the colonial records of New Netherland in New York. Part of the success to edit and digitized these records was the labor of several archivists and historians to transcribe these records. Some of these transcriptions proved to be crucial when a fire in 1911 hit the building of the State Library of New York destroying a substantial number of these Early Modern archival materials.

In 2017 the department of Dutch Studies at Berkeley finished a project to publish transcribed Dutch colonial records in the Sluiter Collection of the Bancroft Library. Engel Sluiter donated his transcriptions made in Europe of Dutch archival records in 1996 to this library. You can download a PDF (3 MB) with a list of these materials prepared by Julie van der Horst. Seven boxes contain materials dealing with the New Netherland implantation. In this case the typed transcriptions were OCR-ed and checked by Julie van der Horst who is fluent in Dutch. Knowledge of Dutch was in this case more important than palaeographical skills.

The only tutorial for Dutch palaeography in English will be launched soon at the Script Tutorial of the Brigham Young University. It will appear in an English and Dutch version. The second project shows not only original documents in Dutch, but also transcriptions and for a number of them English translations. The transcriptions of a key document are shown line for line below snippets of the original record, thus approaching the qualities of a palaeographical tutorial. In fact I encountered the website because of the main resource, the journal of Hendrick Hamel (1630-1692). Hamel sailed in 1653 with the Dutch vessel De Sperwer from Batavia (Djakarta) on Java with the Dutch settlement at Deshima in Japan as final destination, but he ended in Korea after a shipwreck. He was arrested and lived for thirteen years as a prisoner in Korea. In 1666 he could escape with seven shipmates to Japan. Back in Java he wrote his report, which was first published in 1668 and quickly translated.

Hamel’s report is not a ship journal kept by the captain. For two centuries it was almost the only European eyewitness account of Korea. The contemporary translations contained numerous mistakes which were taken over at face value, without much inclination to go back to the original texts. Henny Savenije, a Dutchman living in South Korea, wrote with Jet Quadekker a book about Hendrick Hamel with a new edition of the Dutch text, Het journaal van Hendrick Hamel : de verbazingwekkende lotgevallen van Hendrick Hamel en andere schipbreukelingen van het VOC-schip de Sperwer in Korea (1653-1666) (Rotterdam 2003). On his website he presents a set of materials surrounding Hamel’s journal, with images of archival records, transcriptions in Dutch and English translations. For clarity’s sake you can find here an English translation of Hamel’s report about Korea which is actually quite brief.

Hamel's journal in the 1920 edition

Hamel’s journal in the 1920 edition by B. Hoetink – image The Memory of The Netherlands

I would like to focus here on the archival records at Savenije’s website and their treatment. The presentation, transcriptions and translation of Hamel’s report are the core of this website. The report is mainly written in a very fluent hand using a large script taking 51 pages of a register, referred to as “Nationaal Archief, nr. 1265”. If you look at the line-by-line transcription – here fol. 1155r – you can see for yourself the accessibility of this script. However fluent its look-and-feel, it nevertheless poses a challenge when you are used to English handwriting. In the modern edition of the Dutch text by B. Hoetink an image of the first page of the journal is included [Verhaal van het vergaan van het jacht De Sperwer (…) (The Hague 1920; Werken uitgegeven door de Linschoten-Vereeniging, 16)]. Hoetink’s edition is available online at The Memory of The Netherlands and in the Digitale Bibliotheek der Nederlandse Letteren (text-only).

Title page of Hamel's journal, Rotterdam 1668

Title page of Hamel’s report in the edition Rotterdam 1668 – copy Oxford University

I had intended to go quickly to the other Dutch records at Savenije’s website, but unfortunately navigating this site is not straightforward. It took me some time to retrace the page with images. The central page where you can choose other records is presented as an appendix (bijlagen) in spite of its central function. However, you must applaud the presence of both English and Dutch versions, but you become acutely aware of the difference between using the original or depending on translations with all their qualities or deficiencies. Savenije gives a list of seventeenth century Dutch editions and translations, and also modern editions. It is strange he does not recognize the Linschoten Vereeniging as the Dutch pendant to the Hakluyt Society, both societies which promote modern editions of Early Modern travel accounts.

A second matter which deserves attention is the incomplete reference to the source. The Dutch National Archives at The Hague are home to 100 kilometer of archival records. For the Dutch East India Company, the Verenigde Oostindische Compagnie (VOC), you can use finding aid 1.04.02. No. 1265 is described as “1668 FFFF. Vierde boek: Batavia’s ingekomen brievenboek, deel II 1668”, a register of incoming letters at Batavia for 1668. Alas there are no digital scans of this register. You will recognize the need for a proper reference when you see the wealth of archival collections worldwide in the overview of relevant collections for the VOC at the TANAP portal. If you search for Sperwer in the TANAP database of VOC records you will get three results. Two of them refer to the register no. 1265, entered both for 1653 and 1666, as “Journael gericht aenden Ed. heer gouverneur generael Joan Maetsuijcker en d’Ed. heeren raaden van Nederlants India vant geene de overgebleven officieren ende matroosen vant jacht de Sperwer ‘t zedert 16 Augustij anno 1653 dat tselve jacht aan ‘t Quelpaerts Eijland hebben verlooren tot den 14 September anno 1666 dat met haer 8 ontvlught ende tot Nangasackij in Japan aangecomen zijn; int selve rijck van Coree is wedervaren mitsgaders den ommeganck van die natie ende gelegentheijt van ‘t land”, a report written for governor Joan Maetsuijcker and the council of the Dutch Indies by the remaining officers and men of the yacht Sperwer, how they were shipwrecked and escaped to Japan, and their notes on the kingdom of Korea, to be found on the pages – in fact folia! – 1155-1179. You can guess I would like to have precise references for any document for which Savenije has created a page with the Dutch text and an English translation, for example a notice from 1666 in the daily register of the Dutch settlement Deshima, an island in the harbor of Nagasaki. During two centuries it was virtually the only point of direct contact between Japan and Europe. Incidentally Savenije’s large pictures of the 1668 register are not sharp enough to be usable, but luckily those smaller selections you will see with the transcription are most readable.

The thing to note here for legal historians is the way Hamel was treated in Korea, his position with the Dutch in Deshima, and the procedures of his superiors who interrogated him about his adventures and prolonged absence. In the Short Title Catalogue Netherlands you search for the various editions until 1800 of Hamel’s report in the Dutch version.

Other roads to quick insight

By now you might conclude I am all in favor of good tutorials with proper references, transcriptions and translations, and I will mention some of them later on. I feel even tempted to ponder creating a tutorial myself, but I had better send you first to two portals with a lot of Early Modern documents in Dutch and a substantial presence of legal documents. Surprisingly art history comes here to help my needs.

Header Remdoc - KNAW/RU

At the portal Remdoc, a project fo the Dutch Royal Academy of Sciences and the Radboud Universiteit Nijmegen, you can consult many documents about or related to Rembrandt van Rijn. It is the companion to The Rembrandt Database with information about his paintings, drawings and etchings. At Remdoc you can easily choose among 100 court records, 182 municipal records and 316 notarial acts. You can filter for holding institutions and even for the kind of document you would like to see. The Dutch terms are translated in English. Depositions, tax rolls, affidavits, fines, securities, inventories of insolvency, probate inventories, marriage announcements, two pleadings, due bills, you name it and you can get them. In many cases you will find images of the documents.

Document of a loan, 1653

Obligation to Rembrandt, 1653 – Amsterdam, Stadsarchief, Notarieel Archief, no. 1029B, p. 913 – image Remdoc and Stadsarchief Amsterdam

I picked a document for a loan Rembrandt got from Christoffel Thijsz. in 1649 to buy a house. It is the small inserted document at the right. The Remdoc project gives you a zoomable image, exact references about the source and relevant literature, a transcription of the seventeenth-century Dutch and a translation in English. This document tells you Rembrandt had failed to repay this loan for the purchase of his house, the very Rembrandthuis in de Sint-Anthoniebreesteeg – now the Jodenbreestraat – worth 7000 guilders in 1649, and that Christoffel Thijsz. claimed this sum with three years interest and additional costs, a total of 8470 guilders. The comments on the page of the portal explain the context of this document.

The due bill, 1653

Sometimes there is no other road to a destination than going the long road, and in my view it is not a punishment to learn about Rembrandt, by all accounts no stranger to human failure. His greatness is the way he conveyed his insight into human nature with consummate artistry. In Rembrandt’s work you have the uncanny sensation of knowing intimately the people facing you. It makes his series of self portraits into a touching voyage through his life.

The city of ‘s-Hertogenbosch (Bois-le-Duc), the Dutch Royal Academy of Sciences and again the Radboud Universiteit Nijmegen, have created a similar project for Jeroen Bosch called BoschDoc. On the project website you can use either the Dutch, English or Spanish interface. Here, too, you will find a wide variety of sources and often images of original documents, but always at least a transcription, a translation, comments and further references. Art historians are familiar with the Montias database of 17th century art inventories of the Frick Collection in New York, but the Montias database does not include images of archival records. Dutch probate inventories have been transcribed for a database of the Meertens Instituut for Dutch ethnology, Amsterdam. The website of Joseph Byrne (Belmont University) will guide you to literature about ancient, medieval and Early Modern wills and probate inventories. I would almost forget the website of the Amboyna Conspiracy Trail where you can find a number of Dutch records, transcriptions and English translations side by side.

Learning by doing

In the current absence of an English online manual for Dutch palaeography it is sensible to search for a collection with online images of documents, transcriptions and translations in order to guide your first steps in a language that might sound strange to you and certainly differs from modern Dutch, and in a script that might look baffling. If I had to deal with similar documents from another country I would perhaps also start searching for a project presenting documents around a famous person. For example a search for Early Modern letters at Early Modern Letters Online (Bodleian Libraries, Oxford) would certainly bring you to a helpful project. Such documents offer a great training ground. In my view the only way to maintain your skills in deciphering old scripts is by regular exercise, but you will need initial training. At many universities and archives you can join groups to acquire palaeographical skills. Online tutorials can surely help you to overcome unnecessary fear, but they can also make you aware of real difficulties.

Since a year I have been collecting online resources for palaeography at a new page of my legal history portal Rechtshistorie. Until now I have found ten tutorials for Dutch palaeography. Since 2016 three archives in North Brabant and the Utrecht archives offer at Wat Staat Daer [“What’s That?”] a tutorial, and at an online forum people can upload images with their questions. In a few cases people from Canada came with Dutch documents they considered illegible or in other respects too difficult for them.

Banner Haagse Handschriften

The only tutorial from Belgium, Iter-digitalicum from Leuven, scores points with a poster in English with core information, something missing elsewhere. Apart from many texts in Dutch you can view in the gallery with nearly 700 manuscripts also manuscripts written in Arabic, Armenian and Coptic, and for example humanist letters to and by François Cranevelt. It would mean writing another post if I would give here a full comparison of these tutorials, but not the least among them is Haagse handschriften [Manuscripts from The Hague], a website of the municipal archive, focusing on sixteenth-century criminal law, a register of criminal jurisdiction for the years 1575-1579 called Quaetclap [literally “Slander”] (HGA, Oud Rechterlijk Archief, no. 1) with facing images of the register and transcriptions. The other strength of this tutorial is the rich section with references for general documentation, covering not only other auxiliary sciences, but also for example guidelines for transcriptions and editions and legal dictionaries, often with links to digitized versions. Information for both last subjects you cannot easily find together online elsewhere. The tutorial offers a similar reference page on the history of The Hague.

Surmounting supposed and real difficulties is sometimes a personal matter. Often it is motivating to delve into a subject that seems at the surface difficult. Once your interest in a particular thing is kindled, you will start to enjoy finding out more about it, and thus familiarizing yourself will not feel heavy or boring. As a historian I personally like to visualize behind documents real people and their lives. Medieval farmers did not plough through registers, someone famously said! Reading the original documents about early New York, Rembrandt or Bosch should make you happy and curious about people. Being able to read old scripts will also set you free from complete reliance on transcriptions and translations. Guidance and commentaries can be helpful and even necessary to some extent, but in the end you are studying the past and its traces, and you will learn how to interpret and use sources yourself in a reliable way.

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.

An empire of laws and books

Empires come and go in different forms. The Spanish colonial empire came into existence and made its mark on people not only by physical conquest, but also by the power of words in print. The sixteenth-century was witness to the success of the printing press. Governments used books in many ways. In this post I would like to introduce a new digital collection concerning colonial law in Latin America created by the library of the Max-Planck-Institute for European Legal History in Frankfurt am Main, In recent years global and transnational legal history has become a major focus in the various programs of this institute. At the start of a new academic year and at many other moments it is always sensible for legal historians to have a look at the developments of this great research institute.

The laws of the Indies

Starts screen De indiarum iure

The new digital collection has a Latin name, De Indiarum iure, “On the law of the Indies”As for now there are 33 titles in this collection. Instead of deploring the low number of books you had better appreciate the presence of works on canon law and the Christian faith. This mixture of subjects shows in a nutshell the all-encompassing impact of the books the Spanish published, mainly in Mexico and sometimes elsewhere in Latin America. The work that gives its name to the collection, Juan de Solórzano y Pereiras’ De Indiarum Iure, has not yet been digitized within this digital library. You can consult online a copy of the first edition (Madrid 1629) in the Internet Archive (copy Rome, Biblioteca Nazionale Centrale). There is a reprint of this edition (Frankfurt am Main, 2006). A modern critical edition of this text has been published in the series Corpus Hispanorum de poce by C. Baciero (3 vol., Madrid 1994-2001).

More to the point is perhaps the question of the relation of this new collection to the project of this Max-Planck-Institute around the legal history of the School of Salamanca. The term School of Salamanca refers to Early Modern authors who taught at Salamanca in the fields of law, theology and philosophy. A fair number of them were either Dominicans or Jesuits, and their background was another factor in making the debates more interesting and complicated. In fact there is a web page of the institute for cooperation with a second project in Germany concerning this Spanish university, The School of Salamanca (Akademie der Wissenschaften und der Literatur, Mainz). Thomas Duve, one of the two directors of the MPI in Frankfurt in Main, leads also this project in Mainz. The Mainz project will eventually also present a digital library of relevant resources. Thoughtfully one has already provided a list of works to be digitized. The website of the Salamanca project at Mainz points to a number of relevant links and even a mailing list for those interested in the project. These webpages can be viewed in German, English and Spanish.

Start screen digital collection The School of Salamanc

At a separate website, The School of Salamanca, with indeed a very sensible use of the extension .school in its URL, you may want consult the digital collection created for the project at Mainz which now contains 118 works. On closer inspection you will find currently only 21 works, with links to the online catalogue of the university library at Salamanca, but no actual links to digitized works. However, in the digital library of the Universidad de Salamanca you will find a number of the works announced at Mainz. Where possible links to digitized works at Salamanca could be added swiftly. The website with the digital library will also contain a legal-political dictionary. Both projects seem promising, but at this moment they both do not yet bring you completely what you would expect. The MPI website does not yet give you the URL of the joint digital collection. By all means one can wonder about the launch of two related digital collections which seem to cry out for an integral approach following the lines of the new projects at the MPI which cross borders effortlessly. Both projects do look beyond more traditional ways of inquiry. The blog of the Mainz project is one of the places to look for various aspects of modern research into Spanish authors, as does the general page of the MPI on the School of Salamanca and legal history.

A third project, Scholastica Colonialis, is worth some attention here, too. Scholars from six countries do research on the history of Spanish and colonial philosophy in the Early Modern period. This project will not contain a digital collection.

Logo Primeros Libros de las Americas

On purpose I mentioned the absence of a special digital collection at Scholastica Colonialis. In view of the variety of digital libraries in Latin America and those in Spain and Portugal concerning the Americas it is justifiable to question the need for a new digital collection. The MPI wisely chooses at De Indiarum iure mostly works not commonly associated with legal history. The project at Mainz has not yet completely implemented its choice for works digitized at Salamanca, but its aim and the argumentation behind this choice seem clear. To get an idea of the number of digital libraries for both North and South America you might want to look at the links collection I created at my own legal history website. For perfectly understandable reasons the MPI at Frankfurt am Main does not maintain a portal for legal history with extensive links collections, otherwise I probably would not have started my own pages with links to digital libraries, archives and image collections. To mention a few examples of the very extent of such libraries, the international Biblioteca Digital de Patrimonio Iberoamericano now even has a section for incunabula. Primeros Libros de las Americas is a second international project which brings you books printed in the Americas before 1601. This is the place to mention also the online Catálogo Colectivo de Impresos Latinoamericanos hasta 1851 for Latin American editions, and you might want to use the Catálogo Colectivo del Patrimonio Bibliográfico Español.

My first impression of the De Indiarum iure digital collection at Frankfurt am Main is mixed. Perhaps it is best to see it as a kind of preview. When eventually more titles have been added to it, the collection will certainly be a further asset to the digital library of the Max-Planck-Institut für europäische Rechtsgeschichte. No doubt the word “European” will one day disappear from its name! The digital collection at Mainz strangely lacks links to digitized books, but this omission can easily be repaired. A second thing to keep in mind that whatever the qualities of both digital collections might be they form elements for projects that will massively enrich our knowledge, understanding and views of the School of Salamanca as a factor in Spanish and Latin American history with a fascinating interplay between scholastic thought, legislation and Early Modern debates on many aspects of law and society.

A postscript

In Spring 2018 it is possible to access 21 digitized books in the digital corner of the School of Salamanca; they can be viewed using the Mirador viewer.

Canada´s confederation at 150 years

Official banner Canada 150

With the summer approaching you can be busy enough to almost miss events such as centenary celebrations. Thus the celebration of 150 years Canadian confederation, a major step to Canada´s independence almost escaped my attention. Centenary celebrations should not stand in the way of other subjects, but I think this one is interesting enough for a post here. At the heart of this contributions are the main constitutional documents in Canadian history, both before and after 1867. It will be instructive to make a tour of the major online portals with historic and current constitutions.

Before and after 1867

The websites which bring us online versions of constitutions worldwide often restrict themselves to current versions, but happily there are exceptions. Some portals give primarily historical versions. The Archivio delle Costituzione Storiche (Università di Torino) gives for Canada only documents from 1871 to 1943, and only in English. The Digithèque MJP (Université Perpignan) gives a very generous selection of constitutional documents concerning Canada, a number of them located at this portal and other elsewhere. The wealth of information from Perpignan, including an overview of major facts in Canadian history, is such that it is helpful to have a direct link to its version of the 1867 act. Canada is absent among the German translations at Verfassungen der Welt, but the English version is present at its Anglophone counterpart, International Constitutional Law (Universität Bern). I could not find quickly any Canadian document in the Avalon Project (Yale Law School).

William F. Maton created the webpage Canadian Constitutional Documents, with first of all a consolidated version of the British North America Act 1867, followed by later constitutional documents up to 2001. Alas the Spanish page gives no Spanish translations of the texts, only a translation of the introductions and explanatory notes. The Constitutional Society offers only the English version of the 1867 act. Among the facsimiles at The Rise of Modern Constitutionalism, 1776-1849 there are simply no documents relating to Canada, which helps to create the false impression no such documents came into being before the mid-nineteenth century. The Constitution Finder (University of Richmond School of Law) contains for Canada seven documents (1867, 1982, 2011). In the Constitute Project of the University of Texas at Austin you will find only the current version of the Canadian 1867 act. A Russian project for constitutions worldwide brings you Russian and French translations of the Canadian constitution (1867, 1982, 1989).

Logo Canadiana

I made this tour of websites for the history of constitutions because it appeared that the URL for Canada in the Making at the digital portal Canadiana was broken, and also for checking the other web addresses of constitutional portals. The English version of Verfassungen der Welt had moved to a new URL, and I had to update the page for digital libraries at Rechtshistorie where you can find a section with these portal sites. The Internet Archive saved the pages of Canada in the Making, evidently an educational resource which got skipped at Canadiana without a trace. It seems there has developed a paradox between its absence and the abundance of sister portals for Canadiana, a general portal for online resources, the Héritage/Heritage portal for archival collections, and Early Canadiana Online, to mention only the most important offsprings. If you search for the word constitution at Early Canadiana Online you will get nearly 3,000 results.

Canada in the Making featured not only Canadian constitutional history, but also sections on aboriginal treaties and relations, and on pioneers and immigrants. The very words used for these two sections can cause frowns, and you might guess they explain at least a part of its disappearance. The section on constitutional history starts its story in the seventeenth century, and makes it sufficiently clear that the 1867 act is surely a milestone, but decidedly not the only one in Canadian history.

For a concise introduction to Canada’s constitutional history the page of the online Canadian Encyclopedia on this subject and separate pages about the 1867 constitution and other major acts are most rewarding. Dutch readers will recognize in particular the role of unwritten conventions in Canadian law which closely resemble Dutch constitutional law.

Logo Then/Hier

One of the gateways to educational resources for Canadian history is the bilingual portal Then/Hier. You might expect some attention to the current celebrations, but this portal shows no signs of them. Among the teaching resources is a section on constitutional history, and if this is not enough for your taste you might have a look at the generous selection of links at Then/Hier, both in Canada and elsewhere.

If you want to continue a search for digital resources you should have a look at the Canadian National Digital Heritage Index (CNDHI), a portal for searching digital collections. At its start the number of collections included was rather small, but now it seems the team behind CNDHI has put in a lot of effort to create a sensible covering of available digital collections. A simple search with the word constitution resulted in nearly 500 hits.

On my legal history portal I put on the digital archives page the CNDHI among the general resources concerning Canadian archives. The first section of this page leads you to general overviews and gateways to digital inventories and finding aids, the second section brings you to digital archival collections. The links for Canada should help you to pursue your own interests. In the final section you will find among specific tools, sites and societies of archivists also The Association of Canadian Archivists. Writing here about Canadian history has been for me a stimulus to continue to make my overviews of digital archives and libraries better tuned to the needs of legal historians. I can recommend visiting the Borealia blog for much more information about current research on early Canadian history.

A postscript

Some sessions at the upcoming conference Canada’s Legal Past: Future Directions in Canadain Legal History (Calgary, July 17-18, 2017) will deal with Canada’s constitutional history. The Law Society of Upper Canada will organize on September 27, 2017 at Toronto the symposium Lawyers and Canada at 150. The blog of the Osgoode Society for Canadian Legal History keeps you informed about scholarly events and publications.

Slavery depicted and described

The cover of the rare books catalogue on slavery

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

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

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

From highlight to highlight

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

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

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

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

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

Some reflections

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

Portrait of P.A. Tiele

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

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

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

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