Tag Archives: Criminal law

Clairvaux, a monastery and a prison

Screen shot "The monastery and the prison"

Every now and then you across projects which attract immediately your curiosity. In Autumn 2018 the blog L’agenda du médiéviste alerted to an online documentary with the title Le cloître et le prison. Les espaces de l’enfermement, “The monastery and the prison. Places of confinement”. The website of this project was launched on September 26, 2018. The documentary is the fruit of the Enfermements project in which several French institutions work together. Not only the abbey of Clairvaux did function as a prison, other locations have a similar history. In this post I will look both at the documentary and the project website.

Between walls

The medieval abbey of Clairvaux occupies a special place in the Enfermements project. The abbey was founded in 1115. In 1808 it became a prison which functioned until 1971. The official closure is announced for 2022. 900 years of Clairvaux’s history were celebrated in 2015. The medieval manuscripts of Clairvaux are held at the Bibliothèque municipale de Troyes and can be viewed online. Alas the special portal Bibliothèque virtuelle de l ‘abbaye de Clairvaux for these manuscripts does not function currently. You can find the medieval cartularies of Clairvaux using CartulR, a resource of the IRHT/CNRS. Archival records of this abbey are also held in Troyes by the Archives départementales de l’Aube. Among its digitized collections the AD de l’Aube presents fifteen late medieval registres de l’officialité de Troyes, registers of the official, the ecclesiastical judge of the bishop.

The website of le cloître et le prison has six main sections. The Avant-propos explains the goals and background. The glossaire is a glossary with not just terms from the monastic and incarcerated life in France. Even the Rasphuis and Spinhuis in Amsterdam are mentioned. You had best navigate this glossary using the icon on the rather small top bar of your screen. A chronology of Clairvaux helps you to see developments in their succession. In the bibliography you will find information about archival documents and images, printed sources and scholarly publications.

Screenprint of Le cloître et le prison with a part of the chronology fo the 19th century

The section with videos, Visite vidéo, takes most space in the exhibition, and equally in the helpful sitemap. Jean-François Leroux, already forty years president of the association to save the cultural heritage of Clairvaux, acts as a guide in the videos. There is no question about the quality of his calm explanations, but sometimes he seems somewhat tired, but in comparison with other more enthusiastic reporters this might well be a pleasant change. At a number of turns the team of this portal does not hesitate to use materials from other prisons, even from outside France.

The tour of the premises starts with the location nowadays called Le Petit Clairvaux, the site of the first monastery, sometimes nicknamed by medievalists Clairvaux I. The nine following sections deal with the main site, starting with the cloister walls. For each items a short motto has been chosen, often with verbs opposing each other. For the eight section, Quartier punitive, the verbs Surveiller – punir are a choice clearly referring to the study by Michel Foucault. Apart from the videos each section has an accompanying text, photos and at least one archival document. There are also some interviews with experts of the team. The navigation of the website is stylish, with a key and lock for the main menu, and in the video section a quill pen to go to the menu with the ten sections of Clairvaux. It was possible to follow the preparations for project at Twitter (@enfermements), but it has been very quiet after August 2018.

If you look at the screen print of the chronology you can gather already two elements from the long history of Clairvaux, the ongoing construction, demolition and reconstruction of the buildings and its place in French history. The chronology mentions under the year 1834 the incarceration of political prisoners, but with examples from the late nineteenth century, Auguste Blanqui between 1872 and 1879, the anarchist Peter Kropotkin in the years 1883-1886, and even Philip of Orléans in 1890, albeit lodged away from other prisoners in his case.

In this virtual exhibit the most interesting element, the comparison of monasteries and prisons, is the central element. I feel hard pressed to focus here on one particular aspect. It is exactly the variety of aspects which is brought here into view. When you remember the title of the study by Uwe Kai Jacobs, Die Regula Benedicti als Rechtsbuch: Eine rechtshistorische und rechtstheologische Untersuchung [The Rule of St. Benedict as a book of law. A study in legal history and legal theology] (Cologne, etc., 1987) it is less surprising to look at monks and nuns as persons living under a strict regime with punishments for transgressions on premises clearly designed to make such things possible. You might want to read also the study by Elisabeth Lusset, Crime, châtiment et grâce dans les monastères au Moyen Âge (Turnhout 2017).The strength of the virtual exhibit is the combination of videos showing the present locations at Clairvaux with explanations about both periods as an abbey and as a prison and proper use of historical document and images. The intuition that places with a common dining room or canteen are an institution or a company is not new!

Looking behind and beyond walls

The abbey of Clairvaux is not the only famous building in France which at a certain point was turned into a prison. In Paris the Conciergerie first was a palace, the Palais de la Cité which for centuries housed the Parliament the Paris, with only a number of prison cells. During the French Revolution it became a full-scale prison. The abbey of Port-Royal in Paris served as a prison between 1790 and 1795. Between 1793 and 1863 the abbey at the Mont-Saint Michel was home to a prison. The abbey of Notre-Dame de Fontevraud, once the royal abbey of the Plantagenets, was used as a prison between 1812 and 1963. You might try to find more examples at the website of the Centre des Monuments nationaux, but somehow the search function did not work correctly.

At this point one should by all means invoke the various service of the bilingual Criminocorpus platform (CNRS), strangely absent in the production of this audiovisual project. At this portal you can read both as a PDF and in a browsable version the Guide des archives judiciaires et pénitentaires en France (1800-1958) by Jean-Luc Farcy. He puts these monasteries converted into prisons in a group of prisons for those having to serve long terms, typically in old castles, fortresses and some abbeys. Clairvaux served in this quality for several French départements. Criminocorpus has virtual exhibits on Fontevraud and on Paris prisons after the fall of the Bastille.

It is really interesting to explore this virtual exhibit around the abbey of Clairvaux. The partnership of organization for cultural heritage, archival institution, research groups and communication design offices succeeds in telling an intricate history in a way earlier generations would not have thought feasible or sensible. Let Le cloître et le prison be one of your guides to the wealth of stories about this famous monument!

 

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Swiss sermons around executions

Startscreen Standreden, Universität Zürich

The execution of convicted crime suspects attracted the attention of the general public in Early Modern Europe. Authorities saw the public administering of punishments as a key element of criminal law. For a lot of cases we know about the last words people said before their execution, and authors reckoned even on the particular interest of their public to record such words. Less attention has been given to another genre, sermons spoken just before or after public execution. The Universität Zürich has now digitized such sermons, Standreden, based on the materials of the late Urs Herzog, a Swiss philologist.  What was said in these sermons from the eighteenth and nineteenth century? What was the purpose of the preaches and the effect on their public? In this contribution I will look at the digital collection, its background and at some questions surrounding these sermons.

It is not the first time that a post appears here after an alert or message at Archivalia, the blog of Klaus Graf (@Archivalia_kg). It is up to any visitor of his blog to pursue the paths he indicates or to heed his warnings. Anyway, Switzerland has seldom been the subject in my posts.

A wide range of materials

Logo Standreden

The website of this joint project of the department for German language and literature and the center for legal history of the Universität Zürich starts with pointing out how these sermons serve as a focus of attention and as a genre in which the law and Christian teaching came together. Urs Herzog (1942-2015) taught German literature at Zürich. He became a specialist in the field of Early Modern sermons (Barockpredigte), but his interests were much wider. The Standreden are a form of the much more common Leichpredigte, death sermons. As a professor emeritus he did research on the history of criminal justice, moral theology and the spiritual and psychic care for prisoners. In the project only a selection of his materials has been digitized. One of the purpose of the project is to present the sheer scope and range of Herzog’s materials and to invite other scholars to use them for their research.

The image on the start screen shows the execution of a woman in 1851. Below the text the explication mentions an often quoted verse from the letter to the Romans (13,4): “For he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil” (King James Version). In the verse immediately preceding this quote it is clear he refers to rulers. This quote was used as an argument to confirm the right and duty of authorities to execute justice in a most literal way, by applying even the death sentence.

The digital project has a page on further sources (Quellen) with a scholarly bibliography. Apart from the nearly 140 digitized sermons Herzog traced nearly 400 other sermons in Swiss libraries. A glossary helps you to understand numerous terms with a very specific meaning. The questionnaire contains at present only three fairly obvious questions you can ask about these sermons. The page for research (Forschung) gives you access to articles written by Urs Herzog and a few other scholarly publications about the Standreden.

Preaching a good end

Logo Zentralbibliothek Zürich

The nearly 140 sermons in the digital collection date from 1601 to 1867. In an Excel sheet you can find bibliographic details. However, there is just one sermon from the seventeenth century. 21 sermons stem from the eighteenth century, and some 120 sermons were held during the nineteenth century. The bibliographical information is concise but most useful. Herzog noted the religion of the preacher, the gender of the executed persons, and he even gives his verdict on the nature of the texts. In thirty cases women were executed. Some texts were not really a Standrede. Most sermons were printed, but he traced some sermons in manuscript. Herzog found the majority of the printed sermons, in a way pamphlets, in the holdings of the Zentralbibliothek Zürich. It is a bit mystifying he does not mention where he found the other publications. The digital collection has been created using digitized black-and-white photocopies made by Herzog himself.

In the digital collection each sermon has been given a code for the year, and often the name of the preacher, the executed person and the location of the execution are also included. A small number of sermons was not held in Swiss towns , but in Dresden (1601), Stuttgart (1738),  Wernigerode (1747), Ludwigsburg and Heidelberg, the latter both in 1812. In the Excel sheet you can query for dates and places, names of the convicted and the preacher, the kind of crime and the way of execution, the location where the sermon was held, its public (the delinquent, the beholders or a parish), the location of publication and the publisher, and for the facts I mentioned already in the paragraph here above. Some sermons were addressed directly to the criminal, others only to the public that had watched the execution. Of course I feel tempted to use here one or more sermons, preferably very different ones. A sermon in 1843 was held in a case in which the felon was pardoned. The Jesuit priest Matthias Heimbach held three sermons in 1716, a prime case for comparison. Nine sermons date from 1827.

All the strengths of this project do not hide one particular point. It is understandable to use first of all Herzog’s research material, but in the case of the sermons themselves it is rather remarkable his own photocopies have been digitized, and not the original editions. In view of the more than 35,000 thousand titles from the Zentralbibliothek Zürich digitized for the Swiss portal e-rara, conveniently grouped in one set, it is feasible to search for digitized execution sermons. I suppose one had rather seen a simple list of those items or a notice on the presence or absence of items within e-rara. As a matter of fact I searched for Standreden in e-rara, with two results, only one of them an execution sermon by Alois Diogg, a Capucin friar, Standrede, gesprochen auf der Blutstätte in Schwyz bei der Hinrichtung des Raubmörders Hieronymus Kessler von Galgenen (Schwyz, s.a. (1839); online, e-rara). Using the joint catalogue of the university library and the Zentralbibliothek Zürich you will realize quickly the word Standrede was used for any kind of Leichenpredigt.

You might pause for a thought how it took Herzog years to bring his resources together even with the assistance of online catalogues, but luckily he could at least partially build on the research concerning death sermons. Since many years the Akademie der Wissenschaften und Literatur in Mainz is home to the Forschungsstelle für Personalschriften. An important section of its website is devoted to Leichenpredigten. You will find a database and links to projects with digitized German death sermons. Legal historians might want to look in particular at the legal dimensions of these execution sermons, but they can equally be treated as a subspecies of death sermons.

The presentation of these research materials, the digitization of (photocopies) of resources and not in the least the cooperation between two scholarly disciplines is to be welcomed. This Swiss project does homage to the legacy of a scholar with wide interests who found an intersection of theology, literature and legal history. My frowns about some elements should not stop you from investigating the project website and these digitized Swiss execution sermons.

 

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.

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.

Listening to tuneful news: Streetsongs and crime

Just like law music is almost everywhere. It should be no surprise to find law and justice in songs, and a few years ago I first explored this theme in my post The Legal Song: Legal history in lyrics. This time I want to look a bit closer to a specific genre, broadside ballads, a subgenre of pamphlets, yet another subject not unfamiliar to regular visitors of my blog. Recently the team behind the French legal history project Criminocorpus launched the website Complaintes criminelles en France (1870-1940). Broadside ballads as a musical genre have come into view in particular for the United Kingdom, but this genre existed elsewhere also, and not only during the Early Modern period (1500-1800). The genre definitely widens my perception of pamphlets as a communication medium.

News in songs

Last week I first saw the new French collection. In fact it pushed me to look again at digital collections with only broadside ballads. Even if their number is still restricted, they now exist for more countries than I was aware of, reason enough to have a better look at them.

Marchand de crime - colored engaving, 1845 - source: Criminocorpus

Jean-François Heintzen has created for Criminocorpus a database in which you can search with a simple search with the possibility to use a proximity search. As for now the search interface is only in French, but no doubt an English interface will be added soon, because all elements of Criminocorpus can be accessed in both French and English. You can also search using an interactive map of France which shows you also where most of these complaintes were originally heard. The digital collection with these songs has been created by the Bibliothèque nationale de France for its digital library Gallica. It becomes quickly clear Paris has the largest share, and also the largest audiences, and it seems people in Brittany, around Lyon, in the Languedoc and near the Belgian border could have heard them a bit more often than in other parts of France. The database is strong in indicating the tunes (timbre) to which a complainte was sung. It even alerts to cases in which another song presented the same criminal event. You will find whenever possible also information about the crime and the fate or trial of the accused. I could not find the exact number of complaintes in the database, but a quick look at the interactive map suggest the number must be around three hundred.

The comment in French under the image of the man with a broadside ballad in his hand connects the songs explicitly with news: Marchand de crimes ou crieurs de journaux, “crime merchant or newspaper crier”. The broadsides featured often a telling image, one of their attractions. Dutch street singers used in the nineteenth century a so-called smartlap, literally a “sorrow cloth”, a large illustrated roll which they could unfold and hang on a pole. The word smartlap is still used as the synonym for tear-jerking melodramatic popular songs.

I searched for other collections in France with exclusively complaintes criminelles, but this selection from the holdings of the BnF is the largest one. When you search for complaintes in the website Moteur Collections of the Ministère de la Culture it brings you a substantial number of results in a wide variety of collections. The French portal for digital cultural heritage Patrimoine numérique leads you to just one collection with recordings made between 1979 and 1988 concerning oral memory, chansons and popular dances from Mont-Lozère for which the link was broken. You can get access after authorisation to recordings in the Ganoub database of the Maison Méditerranéene des Sciences de l’Homme (MMSH) in Aix-en-Provence.

Straatliederen, “street songs”, form a substantial part of the Dutch Liederenbank created at the Meertens Institute for Dutch Ethnology in Amsterdam. This database contains now a staggering number of 170,000 Dutch and Flemish songs. At the Memory of the Netherlands portal you can access and search for some 7,000 broadside ballads with nearly 15,000 songs, both from the holding of the Meertens Institute and the Dutch Royal Library. You can listen to recordings of some of the most popular songs, too. The founder of the Liederenbank, the late Louis-Peter Grijp (1954-2016), was not only a musicologist, but also a performer of early music and popular songs, playing the lute as a soloist or with his ensemble Camerata Traiectina. His research into the use of contrafacta, songs made to re-used melodies, helped to recognize texts as song texts, and to find the right melody or melodies for performance.

Logo VD-Lied

For Germany and Austria researchers can go to the project VD Lied: Das Verzeichnis der deutschsprachigen Liedflugschriften. This project builds on the bibliographical project VD16, VD17 and VD18 for Early Modern books from Germany, Switzerland and Austria. VD17 and VD18 link to digitized copies of the works they contain. The partners of VD-Lied are the Staatsbibliothek zu Berlin, the Zentrum für populäre Kultur und Musik in Freiburg am Breisgau, and the Archiv des Österreichisches Liedwerkes in Vienna. This database contains 30,000 songs from 14,000 digitized Flugschriften and Flugblätter.

Ballads in the British isles

header-ebba

Digital collections in the Anglophone world get perhaps more attention than collections elsewhere in the world, but it makes sense to bring them here together. The English Broadside Ballads Archive (EBBA, University of California at Santa Barbara) has become the portal to access a number of digital collections in the United Kingdom and the United States, with a focus on seventeenth-century ballads. The Pepys Collection of Magdalene College, Cambridge (1,800 items), the Roxburghe Collection of the British Library (1,500 items), Scottish collections at Edinburgh and Glasgow, and three collections of the Huntington Library, San Marino, CA, all in all almost eight thousand ballads, can be searched here together. The bibliography and additional information strengthen its online presence. In the Huntington Digital Library you can search among some 500 digitized ballads.

It is well worth including here also the Kenneth S. Goldstein Broadsides (University of Mississippi Libraries) with some 1,500 ballad broadsides from the United Kingdom and Ireland from the late eighteenth to the early twentieth century. At the web site Glasgow Broadsides Ballads Glasgow University Library has digitized some nineteenth-century ballads from its Murray Collections for which earlier ballads are accessible through EBBA. The National Library of Scotland created the collection The Word on the Street with among the 1,800 broadsides from the period 1650-1910 also some ballads. I am sure I might have missed some websites with transcriptions of ballads. Let’s not forget to point you at least to the Broadside Ballad Index created by William Bruce Olson, and the Folksong Index and Broadside Index created by Steve Roud, accessible online at the Vaughan Williams Memorial Library, London.

However, in a competition among digital broadside ballads collections Broadside Ballads Online of the Bodleian Libraries, Oxford, still clearly would wins for sheer numbers (30,000 items)! In its new design, light-years away from the austere user interface of Ballads Online which had survived all changes behind the surface, you can even choose the colours of the main type font. A second outstanding thing is the coverage in time, not only the period before 1800, but right into the twentieth century. The Iconclass search function for illustrations or if you prefer a simple keyword search, and even for some images a similarity search, place this collection ahead of all others. The illustration search and the overviews of subjects helps you to rethink your own approach and questions. By the way, the Bodleian Libraries recently developed a digital manuscripts toolkit for working with digital images along the lines of the International Image Interoperability Initiative Framework (IIIF).

A look at American ballads

American culture and history come into view at the Isaiah Thomas Broadside Ballads Project of the American Antiquarian Society (AAS). Isaiah Thomas collected broadsides in Boston during the early nineteenth century. Here you can find some 300 broadsides, and also thirty recordings of ballads. You can search directly or browse subjects in alphabetical order, which usefully includes also the woodcuts. It is a treat to look at the overview of digital projects supported by the AAS. Here it must suffice to mention the American Vernacular Music Manuscripts, ca. 1730-1910 hosted at Middle Tennessee State University. The notable collection collected by Helen Hartness Flanders is now at Middlebury College, Middlebury, VT; you can consult some 450 digitized broadsides ballads of this collection in the Internet Archive. Pop music and poetry are the heart of the digital collection Beat Movement: Poetry and Broadsides (Utah State University). I did not conduct an exhaustive search for American examples. You will find them also using the Digital Public Library of America. A quick search in the rich digital collections of the New York Public Library brought me just one result, which cannot be the complete truth. Patient research will surely yield much more. For this the Smithsonian Center for Folklife and Cultural Heritage and the Smithsonian Folkway Recordings are an appropriate starting point.

If you have doubts about the value and use of these digital collections you can find much in the current issue of the journal Recherche en sciences sociales sur Internet (RESET) on Patrimoine et patrimonialisation numérique / Heritage and Heritagization (6/2017). The acronym RESET is in this case strong! The digital turn is much more than only quick access to resources faraway, a theme articulated for global history in the 2016 article by Lara Putnam discussed here last year. At the Revues portal you will find also the Swiss journal Cahiers d’ethnomusicologie.

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With the MMSH at Aix-en-Provence and the Smithsonian and other institutions I came from ballads in print to modern recordings of old ballads, and it is tempting to follow that road already here in more detail. I will return to the use of recordings in another post in the future. In this post you will find hopefully enough for your own interests. On the other hand you might want to look at more treasures at the Musée d’histoire des crimes, de la justice et des peines created by the Criminocorpus team or start following the Criminocorpus blog.

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).

Some notes on the history of tolerance

Tolerance and intolerance are themes at the center of many contemporary debates, and their prominence has become stronger after the tragic events in France on January 7 and 8, 2015. On Internet these events have sparkled many reactions. Whatever my views and opinions, for me one of the questions arising is also how these events should influence the stream of postings on this blog. Can one use historical situations to shed light on our times, or Is it sensible to stay somewhat aloof? Perhaps it is wiser to remember that to step aside is taking a side, too.

When somehow among all remarks and exchanges about the situation in France the name of Voltaire came into view it provided me with at least one element of a contribution about the origins of tolerance. Eighteenth-century France is the setting of this post. The history of tolerance is complicated, and the number of themes, persons and subjects here does reflect it. Philosophy, criminal law, legal advice, legislation, the world of literature and debate, and also images, should all appear here for good reasons, but for the sake of length legal matters will be at the center of this post, and other themes appear more at the margin. In fact it turns out to be really interesting to choose for this focus. To some extent you can read this post also as part of a guide to digital resources for the history of France during the Ancien Régime and the French Revolution.

Although I do not want to make you suffer by reading a rather too long post I bring here on purpose several themes together which in my opinion are best seen in connection to each other. In my view the interplay between a multitude of subjects, themes and resources concerning the French Ancien Régime and the French Revolution is fairly typical when you want to study these subjects. You can read this post also as a sequel to my post ‘Laws and the French Revolution’ (January 2015).

Circles and layers around law and tolerance

Title page Traité sur la tolérance, 1763 - source: Wikimedia CommonsThe first focal point for tolerance in France during the Ancien Régime in the current discussion seems to be Voltaire’s Traité de la tolérance (1763). One can read this treatise as a plea for tolerance, both on a philosophical and a practical level, and the background of this text can seem a mere pretext or occasion for expressing these views. John Locke had put tolerance center stage to thoughts about the best possible way of government in his treatise A Letter Concerning Toleration (1689 – online for example at Early Modern Texts and the Constitution Society), but Voltaire is not just reacting in a philosophical debate without any connection to contemporary developments. Locke wrote his treatise one year after the Glorious Revolution (1688), and this, too, should make you hesitate to see the history of political thought as a history of ideas which can be studied in separation from contemporary surroundings.

Voltaire might not have qualified professionally as a philosopher, but he certainly belonged to the circle of French philosophes. It is important to note Locke expressed his views in a letter, and Voltaire in a book-length treatise, an interesting fact for a prolific letter writer and playwright. The literary dimensions of Voltaire’s work are really important in gauging the impact and importance of his views and thoughts. Of course it is wise to look beyond just one text of a writer, and exactly how you can realize this nowadays will be one of the issues in this post. Voltaire wrote texts in a number of literary genres, and he had wide contacts all over Europe, a fact returning later in this post. A characteristic of his work is the use of irony, and even more, the possibility to read his texts in several ways, both at face value or with a potential for irony immediately below the surface. This ambiguity makes it harder but also more interesting to gain a perspective on his views and coded messages.

The machinery of law

The initial impulse for Voltaire’s treatise on tolerance came from his reaction to the case of Jean Calas, a merchant from Toulouse who had been sentenced to death in 1762 by the Parlement de Toulouse for allegedly killing his son Marc-Antoine, presumably because his son wanted to convert to the Catholic church. Calas was subjected to torture and broken upon the wheel. If we remember this case today as a cause célèbre it is to a large extent thanks to Voltaire’s efforts. In an article from 1994, ‘Procès, affaire, cause: Voltaire et l ‘innovation critique’,1 Élisabeth Claverie analyzes the way Voltaire set out to make an affair out of this case, and indeed created the model for fueling public indignation about cases which seem to run contrary to the public good.

Assembling materials to expose alleged and real abuses of the Catholic Church and its influence on French society might seem an obvious thing for Voltaire, but he did look seriously enough at the exact dealings of the judiciary in the Calas case. His treatise was only a final phase in a series of letters and preparatory texts, some of them meant for public use, some definitely not. Voltaire used his connections to bring the case to the attention of the French king, including getting Calas’ widow to Paris to plead in person her case before the king. Whatever Voltaire’s views of harmful Catholic influence, he aimed foremost at an official rehabilitation of Calas. An online dossier by Anne Thouzet gives you detailed information about the trial at Toulouse, the infringements to the ordinance of the Parlement de Toulouse and royal ordinances about criminal procedure – in particular the Ordonnance criminelle of 1670 – and to various other documents and images. Thouzet also points to a number of relevant web links. The Archives départementales de la Haute-Garonne in Toulouse have created a PDF with transcriptions of some documents, ‘Calas, du procès à l’affaire’.

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By chance I remembered that you can find several digitized documents about the Calas case at Tolosana, a digital library of the Université de Toulouse. On closer inspection Tolosana does bring us not only documents touching this case, but a very interesting selection of materials concerning law at Toulouse during the Ancien Régime, with customary law, arrêts (verdicts) of the Parlement de Toulouse, documents about municipal institutions and other jurisdictions, documents about lawyers and law teaching at the university of Toulouse, and a separate section on trials (procès toulousains). Let’s not forget to mention here also the Bibliotheca Tholosana, a collaborative project, and Rosalis, the digital library of the Bibliothèque de Toulouse. In Rosalis you can find one of the most famous manuscripts for the history of the medieval inquisition in Languedoc, discussed here in earlier postings.

The section of Tolosana for trials at Toulouse contains a distinctive number of mémoires judiciaires, also known as factums. In a factum cases were discussed for the general public and with a view also to the judges dealing with a particular case. A blog post by Léo Mabmacien about these factums leads you in particular to a selection of documents in a virtual exhibition created at Clermont-Ferrand, Les factums, justice des villes et des champs : le mémoire judiciaire du 17e au 19e siècle [The factums, justice in cities and fields. Judicial “memoires” from the seventeenth to the nineteenth century]. At the Bibliothèque nationale de France is the largest collection of existing factums, and in his very interesting post Mabmacien discusses these resources at Paris, too. The collection at Tolosana is at present the largest online collection of factums. Among the digitized documents for the Calas case is a number of mémoires judiciaires. Voltaire’s book-length treatise on tolerance is also included (PDF). In particular the mémoires published after 1762 are very valuable as sources for public and learned opinions about the case and efforts to annul the trial. At Bienvenue chez Monsieur de Voltaire you can find digital versions of the texts of a number of Voltaire’s letters (in the section En direct par Voltaire), in particular those concerning the Calas case.

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For the history of French criminal law you can learn much at the fine Criminicorpus portal – with both a French and English interface – and at the website Le droit criminel created by Jean-Paul Doucet. At both websites you can find the text of relevant royal ordinances dealing with criminal procedure. Remembering Tolosana was not just a case of having a good memory. In fact I wrote here about Tolosana and the Calas case in June 2010. Five years later I still feel astonished that these digitized documents have scarcely been used in contributions about Voltaire. Their value is seriously diminished by this omission. The French online research portal Isidore has entries for seventeen relevant documents digitized at Tolosana, but the tags attached to them do not function. No wonder that the online presence of the various documents has remained somewhat in the shadow. Internet is definitely an ocean where you have to know the entrances to particular information.

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Isidore, a portal focusing on the humanities and social sciences, has a search interface in French, English and Spanish. It did bring to my attention a recent Ph.D thesis about Adhémar Esmein (1848-1913), a famous French law professor and legal historian who did look at the Calas affair in his main textbooks on constitutional law [Antoine Chopplet, Adhémar Esmein et le droit constitutionnel de la liberté (thesis Université de Reims, 2012)]. Chopplet does not use these online documents for his study of Esmein’s view, but he does for example highlight the fact that Esmein did not comment on the fact that Voltaire himself had been a victim of the infamous lettres de cachet, one of the most glaring abuses of the French judicial system during the Ancien Régime. Esmein admired Voltaire for his detailed criticism of criminal procedure in his writings about the Calas affair. Montesquieu was perhaps much better equipped to do this, but on this subject he remained silent. In an even more recent Ph.D thesis available online at the Theses platform, La pensée politique d’Adhémar Esmein : l’historien du droit by Alexandre Fiorentini (thesis Aix-en-Provence, 2014), the interplay between Esmein’s political position and his views as a legal historian is further discussed.

Using online journals

By now it should be obvious that bringing together all these materials is only possible and feasible thanks to the use of linked computers. However, how can one safely digest these masses of information, and analyze them in a controlled and sensible way? Having the information at your disposal is one thing, using the right tools for analysis is another, and presenting a meaningful analysis should be the real challenge. Dealing with the Calas case can show you the use of some digital tools and projects. Perhaps it is good to stress here that I only show some of their highlights, not their entire scope.

However you think about my plea for a consistent use of the contemporary ocean of online materials, but it is wise not to neglect good bibliographical research. French research in the field of legal history can be tracked down online using the services of the Bibliographie d’histoire de droit en langue française (CLHD, Nancy) which can be consulted both in French and English. A simple search for Calas brings you to eleven titles published since 1964. Using the thesaurus (“Procès-Affaire Calas”) you will find ten titles. Earlier this year I already wrote here about this bibliography.

A number of French research portals help you to find quickly online versions of articles. The oldest portal Persée gives access to digitized issues of a number or well-known learned journals. For the Calas case you can find for example an article on the concept of proof by Jean-Louis Halpérin.2 A second interesting article is by Frank Kafker who discusses the role of Diderot who did not speak out about the Calas case in public, but behind the screens he used his influence and did write people about it.3 Another scholar discusses the general attitude of Diderot towards political actualities.4 The OpenEdition initiatives is not only home to the Hypotheses network of scientific blogs in French, German, and Spanish, but also the provider of a number of online journals at Revues, many of them completely or partially available in open access. Among the most relevant journals for my theme here ise the Annales Historiques de la Révolution Française.

Revues points for instance to the book by Janine Garrisson, L’Affaire Calas, miroir des passions françaises (Paris 2004) in an alert by Jacques Bernet [AHRF 354 (2008) 202-203]. At one of the blogs at Hypotheses, Criminocorpus, you can find a notice by Jean-Claude Facry about the recent study by Benoît Garnot, Voltaire et l’affaire Calas. Les faits, les interprétations, les enjeux (Paris 2013). Facry provides an overview of its contents. At the Criminocorpus portal itself is the History of Justice Online Museum, a very useful section with virtual exhibitions. It is certainly worth looking at the exhibit on Les exécutions publiques dans la France de l’Ancien Régime (only in French). OpenEdition publishes also online books, one of them a volume of articles about L’exécution capitale : Une mort donnée en spectacle, Régis Bertrand and Anne Carol (eds.) (Aix-en-Provence 2003), unfortunately not in open access, where you should look at the contribution of Robert A. Schneider, ‘Rites de mort à Toulouse : les exécutions publiques (1738-1780)’.

At Cairn you can look at some 400 scholarly journals. A search for the affaire Calas yields nearly 200 results. For the book by Janine Garrisson you can find a review by Laurence Kaufmann in Annales. Histoire, Sciences Sociales 61/4 (2006), who mentions in particular a study by David Bien, L’affaire Calas. Hérésie, persécution, intolérance au XVIIIe siècle (Toulouse 1987). The search results at Cairn help you to find recent French literature on themes such as major trials, for example Les grands procès, Daniel Amson et alii (eds.) (Paris 2007) or a brochure by Jacques Vergès, Les erreurs judiciaires (Paris 2002) that appeared in the famous Que sais-je? series. Closer to the Calas affair is the volume of essays La plume et le prétoire. Quand les écrivains racontent la justice, Denis Salas (ed.) (Paris 2013 ), a special of the journal Histoire de la justice 23/1 (2013) with a pertinent article by Sylvie Humbert, ‘L’autre justice de la Dictionnaire philosophique‘ (p. 81-87), one of the publications of Voltaire during the 1760´s.

An article by Lynn Hunt, ´Le corps au xviiie siècle´, Diogène 203/3 (2003) 49-67, helps us to remember that the first major treatise against torture, by Cesare Beccaria, Dei delitti e delle pene, only appeared in 1764, and to notice also it was not the abuse of torture that prompted Voltaire into action in 1762. In 1766 Voltaire wrote a Commentaire sur le livre des délits et des peines. In view of the sheer length of this post I would rather not adduce here more examples of the results made available through the services of Persée, OpenEdition, and Cairn. If you want to look beyond recent French publications you can enlist the services of JournalsTOCs to get quick access to the tables of contents of many scholarly journals. A nice array of legal history journals in open access is available in the right sight bar of my blog.

With the Dictionnaire philosophique of Voltaire we touch the Republic of Letters. The world of European networks in the period of French hegemony deserves separate treatment here. I would have preferred to include a substantial section on it here, but wisdom tells me it is better to leave you here, albeit somewhat in suspense.

The digital turn

French historians have not been content with creating just one view of the Calas affair. They came back to it again and again, and it can even serve as a kind of thermometer of someone’s position. In this post I have tried to show some of the materials now available that have only seldom been used in connection with this case. In fact you can use the digital resources mentioned here also for the study of other subjects. Jean-Paul Doucet gives a nice list of famous trials on his website, and it my view it has become much easier to gain a head start using online resources than earlier on. This tournant numérique, this digital turn of doing history, is not only a matter of easy access to primary sources. Bringing into view resources scarcely considered before or almost forgotten, can broaden and deepen the way we look at all kinds of history, including legal history. In my opinion connecting legal history with history at large is one of the urgent needs of legal historians. It is up to me and you, to my and your creativity to make the digital turn fruitful and important.

I published a new post in this series in March 2016, ‘Images and the road to the French Revolution’.

Notes

1. Élisabeth Claverie, ‘Procès, affaire, cause: Voltaire et l’innovation critique’, in: Parler en public, a special issue of Politix. Travaux de science politique 7/26 (1994) 76-85; online at Persée.
2. Jean-Louis Halpérin, ‘La preuve judiciaire et la liberté du juge´, Communications 84 (2009) 21-32, online at Persée; special on Figures de la preuve.
3. Frank A. Kafker, ‘Le rôle de Diderot dans l’affaire Calas’, Recherches sur Diderot et sur l’Encyclopédie 21/1 (1998) 7-14, online at Persée.
4. Hédia Ouertani-Khadhar, ´Diderot et l’actualité politique´, Recherches sur Diderot et sur l’Encyclopédie 18-19 (1995) 93-103, online at Persée.

A postscript

Lately I discovered two digital collections with digitized factums. Legal materials from the Auvergne, a region where customary law hold sway, have been digitized at Clermont-Ferrand for the Overnia portal, with among them a few hundred factums. At the Internet Archive the Bilbiothèque Sainte Geneviève in Paris has published nearly 900 digitized factums and mémoires judiciaires. In 2016 I discussed factums and mémoires juridiques at length in a post.

The ARTFL project (University of Chicago) and the Voltaire Foundation (University of Oxford) have created a Philologic4 version of Tout Voltaire, the project for an online edition of Voltaire’s works.