Tag Archives: Digital libraries

Preserving presidential lives and legacies

Logo Hoover Library, West Branch, IAHow can you put the inauguration of a new president of the United States in a sensible perspective on a blog dealing with legal history? Is it the historian’s duty to say something about the near future or should I refrain at all cost from making predictions? One element in determining the role of a president in a history are the presidential libraries and museums created in memory of deceased presidents or even by living former presidents. Starting with the library commemorating Herbert Hoover there are now fourteen institutions which aim at preserving important papers and objects and presenting the deeds and legacies of presidents. In this post I will search for information concerning facts and materials in connection with legal history. Last week I spotted the section on presidential libraries and museums at the website of the American National Archives, but it seemed wise not to hurry into action immediately.

Banner National Archives

The website of the National Archives hosts the Federal Register which preserves also Public Papers of Presidents. For five presidents you can start here looking at online sets with presidential papers, from Ronald Reagan to Barack Obama. In 1957 the Office of the Federal Register started to publish series of publications of presidential papers in print. The National Archives guide you also to other institutions with presidential collections. Pride of place among them goes to the Library of Congress with 23 collections. A number of these collections has been digitized by its Manuscript Division. It is most useful to look at the guides to presidential papers provided by the National Archives. There is even a search interface to search with one action in all fourteen presidential libraries together. I urge you to look in particular to the history of the presidential libraries and the legislation enacted about them.

A short tour of presidential libraries

Interestingly there is even a second institution dealing with the papers of Herbert Hoover (1874-1964), the Hoover Institution at Stanford University, and it is only logical to start here with the Herbert Hoover Presidential Library and Museum in West Branch, Iowa. The sheer variety of materials presented on the website gives a fair indication of the possible width of a presidential library and museum. For brevity’s sake I will focus here on Hoover’s period as a president (1928-1933), but it is instructive to see materials, too, even before the period his work as Secretary of Commerce in 1921. Hoover became known nationwide and internationally thanks to his efforts since 1914 for the Commission for Relief in Belgium. The library has eleven collections documenting aspects of his work as a president. Hoover’s campaign for the presidency is documented, too, at West Branch. By the way, its location in Iowa is a reminder of the geographical division of the presidential libraries. You can locate them on a clickable map at the website of the National Archives.

Logo Hoover Institution

The Hoover Institution was founded at Stanford in 1919 by Hoover himself. By the way, he was among the first students of Stanford university when it opened in 1891. It holds collections for his life and work before 1921 and after the end of his presidency, and thus it figures here only briefly, however interesting its activities and collections are. In a way it embodies a part of Hoover’s vision and promotes it for this century.

It is not entirely surprising that Franklin Delano Roosevelt’s decision in 1938 to create space for a library documenting his presidency and to donate his presidential papers to the federal government forms the start of the modern presidential collections. The FDR Presidential Library and Museum is located in Hyde Park, NY. A fair part of the collections in this library has been digitized. Using the Franklin search engine you can look at your screen not only at documents created by Roosevelt himself, but also at materials concerning Eleanor Roosevelt and Henry Morgenthau Jr, and there are preset selections on a number of themes. The presence of many photographs in these digital collections reminds you of the impact of the representation of power, law and government. Think only of presidents signing a law… The museum of this institution, as any museum, creates a space set free to focus attention on a particular theme or on particular objects. In this case it fosters an image of an era. They often succeed more readily in evoking essential characteristics of a period than documents can do. However, viewing a particular record can bring you a sense of immediate contact with the past.

Banner Situation Room

Presidents of this century come into view with the George W. Bush Library and Museum in Dallas, TX. It is combined with the Bush Center. At this moment the Barack Obama Presidential Library is only a website preluding to its opening in Chicago within a few years. Certainly one of the most salient features of Bush’s library is the Situation Room. Not just for school children and researchers this space fires the imagination. We all have seen sometimes movies with scenes set in a presidential room during national and international crises, but the real one is not the kind of medium size conference room. The Secure Video Transmission Site has been recreated at the Ronald Reagan Presidential Library, Simi Valley, CA. The Bush Library offers you also a digital librarya guide to the events of 9/11 and a good overview of other relevant resources.

This list of the George W. Bush Library ends with other resources ends with a most vital piece of legislation for the theme of this post, the Freedom of Information Act (FOIA; 5 U.S.C. 552). Presidential libraries and museums are subject to a number of laws and regulations. Four of them deal with presidential transitions. The Office of Presidential Libraries administers the network of these libraries and takes also action to create presidential projects for presidents leaving office.

It is tempting to linger longer at the websites of one or more presidential libraries instead of trying to give here a more balanced view. I suppose that when you look a bit longer at their websites you will find materials which are more closely connected with legal history. My choice should give you an idea of the holdings of such institutions and their context. As is my common practice I have put in web links at many turns to lead you to online resources to help you in your research. Once upon a time the virtual world was indeed another world, but after 25 years the Internet is just one of the online media in our current world. The links are for your use, and you should not feel troubled to leave my blog and visit them!

Logo Library of Congress

As for any presidency it will be most interesting to follow the new president’s actions. His actions should be set within in the framework of the Constitution of the United States, checked by the legislative powers of the Congress and the power of the Supreme Court. The Library of Congress has created a fine overview of presidential inaugurations. Its Law Library should be your port of call to find information about both current American and foreign legislation. In the world’s largest library you can find an incredible mass of information about law and justice in other countries, too. The law librarians’ blog, In Custodia Legis [In the Custody of the Law] is one of the services alerting you to many aspects of their collections and ongoing work to retrieve information for anyone’s use. There is no doubt that in due time we will distinguish the legacy of any president from his other actions. However, it is a true concern where the promises made during the campaign will lead the United States of America and the world at large. As for predicting the future as a historian the old wisdom that politics will touch you sooner or later still holds true, as will visions of law and justice.

The legal world around American slavery

The advertisement for the slavery digital collection

Early October 2016 came a surprising announcement from a firm known for its licensed digital law collections which most users will visit only through on and off-campus access at university and research libraries, national libraries and law firms which can afford the costly yearly subscription rates. Although I have no intent to create here a platform to champion only the cause of Open Access I have tried to avoid writing about materials hidden beyond pay walls, because such blog posts would have a tantalizing effect on many readers. Kluwer, LexisNexis and WestLaw, to mention a few firms dealing with legal materials in many countries, and for the humanities for example Chadwyck, Gale, Adam Matthew and ProQuest have not yet figured here. However, when HeinOnline announced to create free access to its digital collection Slavery in America and the World: History, Culture & Law I immediately registered. I present here a personal tour of this project, well aware that this are experiences after just a few weeks, not the results of someone immersed into this subject over the years. On my blog slavery has appeared a few times as a secondary subject, but until now only once as the main subject of a post, ‘Remembering slavery’, about the abolition of slavery in Suriname in 1863 and its commemoration in 2013.

Making a tour

HeinOnline certainly has done some efforts to make its new collection as inviting as possible. Paul Finkelman (Albany Law School), the general editor of Slavery in America and the World, gives in the advertisement a concise overview of its main qualities. The core of this digital collection are the statutes and reported law cases concerning slavery in America – both on the state and the federal level – and the Anglophone world. There are more than one thousand pamphlets, many books on slavery and legal commentaries dealing with slavery published in essays and articles which are sometimes very difficult to find. In an introductory essay Finkelman discusses the historiographical background. He places the history of American slavery in the context of slavery worldwide, alas a continuing story in view of human trafficking and labor conditions which amount to slavery, and thus the history of slavery is not confined from around 1450 to the late nineteenth century. The collection contains numerous items from the twentieth century, too. Among libraries contributing to the digital collection Finkelman singles out Buffalo and Erie County Public Library.

The start screen of the slavery collection

Even without registering you can download the quick reference guide and the full introduction. Mentioning this you might smile like I do remembering the familiar instructions to students not to jump immediately to the matter you are searching for, but to make yourself familiar with a book by reading the preface and acknowledgements, scanning the chapters, checking for a bibliography, source references, credits for illustrations, and the presence of an index. It is seducing to jump into the ocean and go straight for your destination, but alas there is no plain sailing when studying the history of slavery. One of the assets in Hein’s digital collection are fifty monographs about slavery published by the University of North Carolina Press. Some of these books deal with the Caribbean and Latin-America, and this surely widens the dimensions of the project. The digital collection does allow you to browse all titles, periodicals and scholarly articles, and there are also a bibliographical section and a list of external links, the things users of other HeinOnline collections will expect as normal features. The meta-data of the titles selected for inclusion have been enriched with tagging about their position on slavery, the topics under discussion, the jurisdiction involved, and the document type.

For finding judicial cases the digital collection builds on Helen Tunnicliff Catterall’s Judicial Cases Concerning American Slavery and the Negro (5 vol., Washington, D.C. 1926-1937; reprint Shannon 1968) supplemented by state and federal cases, in particular from the United Stated Supreme Court. The statutes adduced stem not only from American states and the federal government, but also from former colonies. This sounds wonderful indeed, and I understand the lure of wanting to write as Finkelman does in his introduction that this collection “brings together, for the first time, all known legal materials on slavery in the United States and the English-speaking world”.

A complete collection?

How complete is this collection? There seems to be a paradox between the second half of the title of this digital collection, History, Culture & Law, and the claim to contain all legal materials. In my view questioning the completeness should probe in two directions in particular: First, are materials included for the periods that individual states had not yet entered the Union, and secondly, do statutes and cases indeed represent “all legal materials”? The collection contains slavery statutes from fifteen states, and federal cases from 24 states. The periodicals selected for inclusion are all marked as anti-slavery. You can imagine that in periodicals in favour of slavery sometimes more moderate views appeared. In theory a periodical might even have changed camps. No one can complain about the thoughtful inclusion of the British journal The Jurist and of sets of Congressional materials.

The section with scholarly articles and other documents has nine rubrics. For articles the year 1900 has been set as a useful divider. There are sections with book reviews, British slavery, cases and “foreign” – meaning non-British – cases. Judges, laws and statutes appear in separate sections, and there is even a section on “Historical Ancient Slavery” with a nice selection of articles in law journals up to a contribution by Paul J. Du Plessis from 2014. Before you start rejoicing too much it is time to read the notice these articles are only available online to subscribers or subscribing institutions. As a bibliographical asset this section is certainly most valuable. This brings me immediately to the section marked “Bibliography”. The first thing to notice here it is rather short. Relatively much space is given to reports, individual speeches and even cases. Some monographs appear twice for no good reason. You can view the titles only in two ways, alphabetically ordered by title or author.

The digital collection scores better with the fifty monographs published by UNC Press between 1985 and 2015. The list is not long enough to merit reworking in a database. Topics have been added to titles, something to consider at the very least for an update of the bibliographical section. With just ten links the choice of external websites is ridiculously small, even though I was pleased to see a link to a French website, Le droit des traites et des esclavages (CNRS). If this has been included to ensure this HeinOnline collection has a truly global coverage it does not come from its own strengths. I can understand to some extent the fear to point to digital collections from competitors in their branch, but this does not show much confidence. It is surely the global aspect that suffers most here.

However, not everything is as appalling as it might seem in these two last paragraphs. HeinOnline merits consideration on its own basic quality, presenting legal cases in a quick and convenient way. The search possibilities to find cases according to different characteristics are great, and you can download, print, enlarge and use other view facilities at will. The feature to link directly to other cases highlighted in the text of a case is most useful. The stream of relevant cases adduced here and readily available is most impressive and deserves praise.

I enjoyed very much looking at the section with digitized printed materials from the nineteenth to the twentieth century. You do not only find for example a nice choice of pamphlets and even volumes with collections of pamphlets, with special mention for the sixteen volumes of the series Slavery, Race and the American Legal System, 1700-1872: The Pamphlet Literature, edited by Paul Finkelman (Clark, NJ, 2007), and a number of useful bibliographies. The presence of novels, biographies, poems and songs does add a substantial cultural element to the collection. Only some forty items date from before 1800. A quarter of all digitized publications in the set stem from the period 1826-1850, and more than 400 items cover the period 1851-1875. The literature can be browsed in several ways (author, title, date and subject), and you can select literature using four filters (position, document type, jurisdiction, topic) with for each filter an apt drop down list of possible choices.

Alas more has to be said. I can accept as a matter of fact the citation forms used for the federal statutes, but would it not have been sensible to supply more information about the various state statutes used for this project? I am aware of The Indigo Book, the liber pauperum version of the Blue Book, with all niceties to refer correctly to all kind of legal materials. The legal problem of slavery in the United States during the nineteenth century was to a great extent a matter of apparent and real differences between state and federal jurisdiction and legislation, and – almost more importantly – their perception. In the bibliography of this digital collection I missed Eric Foner’s The Fiery Trial. Abraham Lincoln and American Slavery (New York 2010). Strangely Lincoln’s speeches are missing, too. Foner is not content with just following Lincoln’s political actions, but does at many point look at legal matters in particular states and on the national level. Foner looks at some of Lincoln’s 34 cases involving black people among the more than 5,000 cases Lincoln handled as a lawyer. I had expected to find in Hein’s open access digital collection the full texts of all cases, but instead you will find only references to them in the digitized literature and the summaries or at its best excerpts given by Catterall. No doubt this information will lead you elsewhere to the complete text of the relevant cases, but the claim “all legal materials” is diminished.

Logo of The Revised Dred Scott Collection

For one of the most influential cases in American legal history it is not only possible but necessary to look at the period between the original case before a circuit court and the epochal case before the Supreme Court ten years later. The new free digital collection does of course contain the Dred Scott case [Dred Scott, Plaintiff in Error, v. John F. A. Sandford 60 U.S. 393 (1856)]. I could not help noticing in the HeinOnline version under discussion how not every reference to cases adduced in this long verdict and the opinions of the judges has been highlighted and linked. In fact I would expect also highlights for and links to for the statutes invoked or mentioned in passing. The Dred Scott case started in 1846, and there is historical documentation for the subsequent phases of the case at the state level. Washington University, St. Louis, MO, has not only created The Revised Dred Scott Case Collection, but also a digital collection for St. Louis Circuit Court Records where you can find the original Dred Scott case and documents concerning seven (!) subsequent cases at St. Louis. In its section for judicial cases HeinOnline does not give a single federal case from Missouri, nor is any link to external resources given, not even at the Library of Congress. In this case Wikipedia does a better job.

Let my plea about this digital collection not only rest on the presence or absence of cases! Among the fugitive slave laws the Fugitive Slave Act of September 18, 1850, often referred to as the Compromise of 1850, stands out. It belongs in every collection dealing with this subject. To my utter disbelief I could not trace here the text of this landmark piece of legislation. In my search for an online version the exact text I seldom saw a correct and complete reference to the original act of Congress, let alone a legal reference. Here again Wikipedia got it right, although it does not include the text of 9 Stat. 462 [Chapter 60, 31. Congress, Session 1]. The Fugitive Slave Act of 1793 [1 Stat. 302] and even the Northwest Ordinance of 1787 are present; the latter is the very first federal statute of Slavery in America. It might be useful to add a concordance of popular names of laws and their official names.

Cases and statutes in context

I will not completely dismiss the efforts of HeinOnline for this new collection, but I can hardly avoid making some negative statements about it. It seems this firm thought it would suffice to create a historical version of their normal case finding system with the Catterall set as its heart, enhance it with a generous amount of relevant statutes, one thousand interesting (legal) pamphlets, and a thoughtful choice of recent scholarly literature, and launch it perhaps in conjunction with the long-awaited opening of the Smithsonian’s National Museum of African-American History and Culture in Washington, D.C.

Is it only a guess that HeinOnline has been blinded by its own success in making systems adapted to the needs of law schools? This new collection seems to me ideal as a tool on which law students in their first year can show some of their talents in finding legal information. However, even from a point of the development of American legal doctrine Slavery in America does not offer what it promises to do. With sometimes only incomplete cases it is impossible to determine what has been filtered out for any reason. If you believe legal history cannot exist properly without sufficient attention to legal institutions and social history, this digital collection is just a tool to be supplemented by other collections now widely available online, too, and a lot of them in open access.

As for the position of other countries you had better start inside the United States of America, by looking at the Territories, the states in North America that joined the United States between 1776 and 1861 but somehow are here undocumented, i.e. without cases and statutes. You might argue the materials from these territories are not United States legal materials, but they constitute certainly legal materials fit for inclusion. It is startling to see a collection marred by such barriers and omissions. Far more important is the fact that the subject of the place of slavery in law and society surfaced every time a new state wanted to enter the Union. Changes in political geography such as the Mason-Dixie line had immediate consequences regarding slavery, slaves and slave-owners, and former slaves. The thing that you would expect most here are the debates in Congress and in the various state senates concerning aspects of slavery. Of course I am aware this would result in a much larger digital collection, but I think this is necessary for a better understanding of statutes and cases. Hopefully such considerations will be taken into account for the massive Case Law Access Project at Harvard University.

To sum up my first impressions, HeinOnline has created an important but flawed digital collection. The 1,100 digitized publications form a great asset as do the digitized scholarly articles and periodicals. The digitized version of the Catterall set is most helpful. There are some distinct problems with the cases included and the internal references. In my view the choice of state statutes is too limited. The historical bibliography has some merits, but the list with external links is a howler. I pointed also to some real problems in creating a digital collection on this wide-ranging subject. Alas as for now you cannot find here “all legal materials” in open access. However, it does take courage and experience to bring such materials together in an easy navigable way. No doubt some of my criticisms can be easily repaired. Others should be addressed in a thorough explanation of the choices made in creating this digital collection. This will not only help law students and lawyers to benefit from this collection. On purpose I have not looked while writing this post at other reviews of Slavery in America and the World, but in fact I could only find a short announcement at the blog of the Canadian Osgoode Hall Law School Library.

Legal materials in open access

It would be wrong to create a picture of American law online as a treasure completely beyond the reach of normal people, but it certainly takes efforts to find legal materials for the United States online in open access. Creating here a full guide would take up too much space, but I can offer a kind of nutshell guide. To assess the role of commercial databases for American law you might want to look at Legal Databases: A Comparative Analysis (Center for Research Libraries). In particular the Hathi Trust Digital Library contains substantial materials in open access. Harvard Law School has a fine guide to legal materials in open access. The Legal Information Institute (Cornell University Law School) has an overview of state statutes in open access. The Jerome Hall Law Library (Indiana University) has created an online research guide for state legislative history. Sources in open access do not primarily bring you historical materials. Among the exceptions is The Supreme Court Database (Washington University), but this is primarily an indispensable search tool for decisions of the Supreme Court. The website of the American Society for Legal History has a fine links section guiding you to many aspects of US legal history. Anyway it is wise to start your online searches with the Law Library of the Library of Congress. Its web guide for U.S. States and territories is very helpful. Congress.gov is extending its coverage in the near future. Among the digital collections of the LoC you will find much that has relevance for the history of slavery, both in the section on government, law and politics, and in the African-American section. The American Memory portal of the LoC is sometimes more helpful in finding these collections.

By the way, HeinOnline is not the first firm in its branch to place some of its products in open access. LLMC Digital has created free access to The Documentary History of the Supreme Court of the United States, 1789-1800, Maeva Marcus et alii (eds.) (8 vol., New York, 1985-2004).

Slavery is a vast subject. On my legal history portal I hesitate to dedicate a complete page to it, but I do give there at least some of the websites which should help your research. The Yale Slavery and Abolition Portal is a good starting point, as are the digital collection of the institute behind it, the Gilder Lehrman Center for the Study of Slavery, Resistance & Abolition. You will not want to miss The Bibliography of Slavery and World Slaving, University of Virginia, Charlottesville, VA. I urge you to look for relevant online exhibitions in the superb database for online exhibits created by the Smithsonian Institution. Not yet included is the impressive virtual exhibit created by the Inner Temple Library in London, British Black History and the Law, which shows the long impact of slavery and discrimination. Among the best known digital collections concerning American slavery is the Samuel J. May Anti-Slavery Collection, Cornell University Library, but there is certainly more. If you want to check the quality of Paul Finkelman’s work in creating a set with a selection of pamphlets concerning slavery and abolition in facsimile you might want to look at some of the digitized pamphlet collections in the United States. For me it is a good thing to see that it matters indeed to look at pamphlets, too, when doing legal history. I feel happy to bring together commented links to relevant digitized pamphlet collections. If I have failed to detect things not clearly immediately transparent in Slavery in America and the World I welcome any constructive guidance to do more justice to it!

A postscript

For those who like myself would like to find the quickest way to US statutes in open access I add a link to the reinforced version of the Library of Congress’ Statutes at Large. The Fugitive Slave Act of 1850 can be found in the materials for the 31. Congress, but unfortunately the direct link to the relevant chapter (Ch. 60) was broken when I checked it. I am happy to report it has been quickly repaired. By the way, only after publishing this post I noticed it was Open Access Week

In the November 2016 newsletter about the collection HeinOnline points to additions and offers some guidance, in particular for the Slavery Quick Finder tool. In an image with an example the topic happens to be cases and trials based on one of the Fugitive Slave Acts. I tried to find one of these acts with this tool, but alas to no avail. The section with major statutes contains the statute of June 28, 1864 [13 Stat. 200; Chapter 166, 38 Congress, Session 1] which repeals the Fugitive Slave Acts of 1793 and 1850, with the year 1850 explicitly mentioned in the title, yet the 1850 document is still absent in this section. The links selection contains now sixteen links including some of the websites I mentioned here.

Mixed seductions: Combining global history with digital research

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

Logo World History Association

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

Blessings and curses

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

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

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

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

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

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

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

Matters to debate

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

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

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

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

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

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

Banner Censo-Guía

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

Banner Maps in the Crowd

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

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

Cover of GPLH 7: El Jurista en el Nuevo Mundo

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

Legal rhetorics and reality in Early Modern France: The factums

Jeam Coras, Arrest memorable du Parlement de Tolose - edition 1565

Arrest memorable du Parlement de Tolose (…) – edition Lyon: Antoine Vincent, 1565 – copy Université de Toulouse

How can we be sure to view things as they really were in the historical sources we use for our research in the field of legal history? It is by all means wise to look as closely as possible at relevant sources, preferably close to the events and problems we want to study. In particular Natalie Zemon Davis and Arlette Farge have made us aware of the importance of narrative sources to deepen our understanding of French legal history in the Early Modern period. Davis gave us in Fiction in the archives. Pardon tales and their tellers in sixteenth-century France (Cambridge-Stanford, CA, 1987) both the true and the fictional stories, just as she had done earlier for Martin Guerre [The return of Martin Guerre (Cambridge, MA-London, 1983)]. Thanks to Davis the lettres de remission have become a well-known resource, used also for other periods, lately for example by Walter Prevenier and Peter Arnade, Honor, Vengeance, and Social Trouble. Pardon Letters in the Burgundian Low Countries (Ithaca, NY, 2015). Arlette Farge, too, alerted scholars to the way narratives, rhetorics and expectations shape perceptions of reality in judicial resources, in particular in her essay Le goût de l’archive (Paris 1987).

In this post I want to expand on some notes about another very interesting source, the factums or mémoires judiciaires, a term perhaps to be translated as legal briefs, which I mentioned in passing in one of my recent posts concerning the French Revolution. However, this particular source does already appear in the late sixteenth century and lives on well into the second half of the nineteenth century. The possibility to compare the development of a genre over a number of centuries is most appealing, and therefore I would like to introduce the factums. I owe here much to a short notice published in 2014 by Léo Mabmacien at his blog BiblioMab: Le monde autour des livres anciens et des bibliothèques. A post in July at his blog rekindled my interest. The existence of new digital collections with factums is a further prompt to share my thoughts about this resource which merit attention not only in the Anglophone but also in the Francophone world. For French readers one of the main points of attention should be here to look beyond the central institutions and a France centered around Paris.

Getting a fuller picture

Léo Mabmacien’s post about factums is a real treat. In crisp and clear French he succeeded in creating a nutshell guide to the subject which leaves little to desire. In fact the idea to give here only a translation crossed my mind, but I am happy to rely here heavily on his account. The term factum stems from the Latin. In medieval legal consilia, pieces of juridical advice for courts, the exposition of a case is often introduced with the words “Factum est tale”, the case is such and so. A factum or mémoire judiciaire contains both a description of the case, the faits, and also moyens (literally the “means”), arguments to be used to argue the outcome of the case. The length of a factum can be anything between a few and many hundred pages in cases where as appendices pieces of evidences and other materials were included. Most factums do not have a title page.

The existence of factums is most interesting given the fact that French criminal court proceedings were in principle secret, as stated in the Ordonnance criminelle of 1670. Each step of a case at court proceeded by producing written statements. The final verdict, too, was presented in writing only. Oral pleading was introduced in the eighteenth century for civil law cases. Factums offer a window on French legal history like few other sources can do. A blog post in 2010 on factums of the Bibliothèque nationale de France had the evocative title ‘Factum, vous-avez dit factum ? Qu’es aquo ?’, “Did you say factum? Whatever is that supposed to be?”, and cites Robert Darnton who wrote in an article for Le Monde in 1995 there are media under the Ancien Régime we have forgotten about: the rumor in public, the factums of lawyers, the messages in your hand, the newsletters, the improvised songs on existing melodies… Darnton took up this theme in his 1999 presidential address for the American Historical Association.

Under the Ancien Régime the word factum was used also for violent pieces of writing in which someone asserted his views with forceful arguments. The juridical factums, too, do not only give legal arguments, but all kind of motivation to ascertain the offensive or defensive position of a party. An ordinance of the Parlement de Paris from 1708 demanded that each factum be signed by a lawyer, and contained also the name of the printer, without any other formality. Thus factums escaped the vigilance of French censors, and could indeed become a kind of platform for any kind of opinion, provided they were signed by a barrister, yet another feature making this genre attractive for historians. Mabmacien concluded his post with references to the vast collection of factums held in Paris at the Bibliothèque nationale de France (BnF), and to a virtual exhibition on factums created by the municipal library of Clermont-Ferrand.

A new generation of scholars

Some of the research cited by Mabmacien stems from the eighties and nineties of the last century, but in fact a lot of work started before 1900. Augustin Corda began at the BnF with the Catalogue des factums et d’autres documents judiciaires antérieurs à 1790 (10 vol., Paris 1890-1936). Volume 7 is a supplement, the volumes 8 to 10 contain registers. You can consult the volumes 1 to 8 in the Hathi Trust Digital Library. Charles Patey had published a few years earlier a succinct overview of some 200 factums in the BnF related to Normandy [Factums normands conservés à la Bibliothèque nationale (Caen 1888; online in Gallica)]. Apart from the factums mentioned in Corda there are at the BnF two massive card box catalogues for a total of nearly 86,000 items. The main study used by Mabmacien is an article by Sarah Maza who studied with Robert Darnton. Her article ‘Le tribunal de la nation : les mémoires judiciaires et l’opinion publique à la fin de l’Ancien Régime’, Annales ESC 42/1 (1987) 73-90 is available online at the Persée portal. In 1997 appeared the French translation – Vies privées, affaires publiques. Les causes célèbres de la France prérévolutionnaire (Paris 1997) – of her monograph Private lives and public affairs: the causes célèbres of prerevolutionary France (Berkeley, etc,, 1993).

There is more scholarly literature in French available online, and I had in mind giving here a judicious amount of links. However, when I encountered at Theses, the portal for French Ph.D. theses, the very recently defended thesis of Géraldine Ther, La représentation des femmes dans les factums, 1770-1789. Jeux de rôles et de pouvoirs (Ph.D. thesis, Université de Dijon, 2015) with its rich bibliography I decided to restrict myself to a few recent publications. Ther investigated an intriguing theme, the representation of women, a theme emerging with force during the French Revolution, but with rather different relations between these events and the preceding period than you would expect. The acts of a symposium held in 2012 at the École de Droit of the Université d’Auvergne (Clermont-Ferrand) can be consulted online in a special issue of La Revue Centre Michel le Hôpital 3 (April 2013) [Découverte et valorisation d’une source juridique méconnue : le factum ou mémoire judiciaire (PDF)]. The contributors discuss factums as a source for legal history, look at a number of libraries with large collections, and staff members of these libraries discuss the current projects for cataloguing and digitization. A third recent online publication with attention for factums has as its focus lawyers in Marseille and transcends the supposed and real chronological watersheds of the French Revolution [Ugo Bellagamba, Les avocats à Marseille. Practiciens du droit et acteurs politiques (XVIIIe et XIXe siècles) (Aix-en-Provence 2015) – online at OpenEdition]. A number of relevant online publications is also included in the section on sources and bibliography of the virtual exhibition in Clermont-Ferrand.

ImpressionThanks to the hard work of librarians and scholars you can now get online access to a substantial variety of factums. Let’s start with the collection I first encountered, Tolosana, la bibliothèque virtuelle des fonds anciens, a collection of digitized books at the Université de Toulouse, with a substantial number of legal works between 1500 and 1850, among them 300 factums from the sixteenth century – just three items – to the nineteenth century (82 items). Looking back it is most fitting I bumped into these mémoires judiciaires in the context of the Calas affaire, but effectively it is the other way around that explains definitely also part of the impact of the publications around this cause célèbre. In particular you can find here some 300 factums and mémoires judiciaires. Interestingly, here, too, the Early Modern period does not end at 1789. The second collection is La Coutume et le droit en Auvergne, Patrimoine de Bibliothèque de Clermont, a digital collection of the Overnia portal with a great variety of legal resources on customary law, especially more than six hundred mémoires judiciaires in the section for sources procédurales. The tree structure of Overnia enables you to filter for a number major legal topics with temporal subdivisions; the general search function can assist you, too. A similar large but technically very simple collection is Droit en Provence et en outre-mer (Aix et Marseille Universités) which brings us a great variety of sources, in particular a number of digitized factums; this collection is held at Aix-en-Provence. The digital items are only available as PDF’s. It is a pity that only few of the announced items from the nineteenth century have already been digitized, but at least there is an overview of them. Some of the items are recueils, collections with sometimes scores of factums. With the fourth collection we return to Paris. The Bibliothèque Sainte-Geneviève has created a digital collection concerning droit (law) in the Internet Archive with nearly one thousand publications. Some 860 of them are factums et mémoires judiciaires.

Banner TolosanaThe first image in this post shows in black and white the title page of an early edition of a famous arrêt of the Parlement de Toulouse from 1560. This is a copy of the edition digitized for Tolosana. The book of Jean de Coras, a French legal humanist, contains his report on the very case of Martin Guerre. Nowadays it is easy to find a digital version of earlier – and later – editions using the Karlsruher Virtual Catalogue, and I will leave it to you to find them quickly. I did check in vain for this book in the Bibliothèque Virtuelle des Humanistes (Université de Tours) which figured here earlier in a post on legal humanism. However, you can trace this book  and its sixteenth-century editions and other works by Coras using the Universal Short Title Catalogue. Even if in this case Coras’ book uses a verdict of the case, and thus does not exactly present a mémoire judiciaire, its character is sufficiently close to factums to merit explicit mention here. It opens with a summary of the facts of the case, the factum, and then Coras comments the arrêt, sometimes word for word. Did I already say Tolosana does merit your attention by all means, and not just for two famous cases, Martin Guerre and the affaire Calas?

One of the factums in the Onslow case, 1830 - source: Overnia

“Consultations pour MM. Onslow puinés contre M. Georges Onslow”, 1832 – BM Clermont-Ferrand, no. A 10850 1 – image: Overnia

When looking for another image of a mémoire judiciaire I decided to look at the collection created at Clermont-Ferrand. By sheer luck I found very quickly something which can serve as a reminder not to look only at French legal history in isolation. The Overnia portal contains several sources documenting the life and works of Georges Onslow (1784-1853), a composer born at Clermont-Ferrand from an English family. After many successes as a composer of chamber music ill health forced him around 1830 to return to his native Auvergne. Other matters, too, clearly brought him trouble. In six factums written in 1830-1832 (nos. A 10850) the question of his right to inherit goods in England is discussed. Both French and English law figure in the arguments used by the respective lawyers. These sources can form a perfect starting point for yet another contribution about law and music in history, a theme figuring here lately, but anyone interested in comparative legal history might have a good look at them, too. You can easily compare these six documents with other mémoires in the section on successions of the Overnia portal.

At Clermont-Ferrand the university library has started the digitization of the 1100 factums in 40 volumes of the Cour d’Appel at Riom. As for now you can consult already nearly 100 factums collected by Jacques Godemel, and also one hundred factums collected by Jean-Baptiste Marie which cover the periof from 1792 to 1812.

Searching more collections

In fact it is really important to keep in mind the wide coverage of subjects in this genre. This becomes clearer when you look for factums in French archives. Scholars using historical sources in French archives can usually rely on the strict order of archival collections. Often you can restrict yourself to one particular série marked with a letter or combination of letters. The Archives nationales de France have created for the série U a useful PDF which mentions a lot of factums and mémoires judiciaires. A search for factums in the holdings of the French national archives yields an impressive result showing multiple séries with factums, not just within the séries B (Cours et jurisdictions de l’Ancien Régime) or U (Justice).

In this post Robert Darnton’s name appeared already three times. In The business of enlightenment. A publishing history of the Encyclopédie, 1775-1800 (Cambridge, MA-London, 1979) Darnton mentioned just one factum without much explication about the nature of this source (p. 48). Anyway, he inspired some of his students to do research on and with factums. A few years ago Darnton put on his personal website 500 eighteenth-century police reports on authors written between 1748 and 1753 [Paris, BnF, ms. Nouv. acq. fr. 10781-107833]. It would be interesting to check for authors of factums published in the mid-eighteenth century in these police reports. We can be sure at least a few of them only pretended to be barristers. In the manuscripts section of Gallica you can now look at digitized records of the Archives de la Bastille, yet another resource where you might find among the prisoners and people under surveillance of the Parisian police force authors of pamphlets and factums. Add to them the data and maps available at the web site of the project The French Book Trade in Enlightenment Europe (University of Leeds and Western Sydney University) which focuses – as Darnton alrady did – on Neuchâtel, and you will be quite busy for some time with following all these avenues.

At the end of this post you might be tempted to conclude that factums only in Southern France and in Paris. At my website Rechtshistorie I have brought together commented lists of digital libraries for many countries, and France is particularly rich in digital collections. I checked for factums in a number of digital collections which feature works on customary law or are located in one of the French regions where the droit coutumier was important, and I looked at the towns which were once seats of the parlements, for example Bordeaux, Toulouse, Grenoble and Dijon. Only for Grenoble in the small collection Droit dauphinois of the Université de Grenoble 2 et 3 I found a few plaidoiries (pleas) and one single factum.

Why should one take the trouble of looking outside the main French online resources? Alas at the portal Patrimoine numérique I found only the digitized factums at Aix-en-Provence. At Fontes Historiae Iuris, the very useful digital library for French legal history created by the Centre d’Histoire Judiciaire (Université Lille-II) you can find in the section Consultations ou plaidoyers d’avocats for three parlements some collections of pleas and mémoires (Toulouse, Paris and Lille (Parlement de Flandre)). There are links to digitized recueils d’arrêts, collections of verdicts, for seven parlements. Even if factums are a remarkable source on its own, it is their judicial context which can make them even more special, and thus it is a small service to point at least to some courts and their printed verdicts. At Gallica’s Essentiels du droit you can benefit – mainly for the nineteenth century – from the digitized Recueil Dalloz and other series in the section Sources jurisprudentielles. The section Histoire du droit with a number of classic works on French law (Domat, Loisel, Pothier) and droit pénal, too, can be most useful. The webmaster of the Portail Numérique d’Histoire du Droit told me last year he would like to add more links to relevant digital collections in France, but he has few moments to fulfill this wish.

In the very week the World Wide Web exists 25 years you might indeed reflect a few moments on the long way the virtual world has gone since 1991. The proliferation of digital resources for many fields of culture and society is both a marvel and something really difficult to grasp and use. As for scholarly work on factums I am as surprised as anyone by the meagre results in the Bibliographie d’histoire de la justice Française (1789-2011) at the Criminicorpus portal. Using the advanced search mode of the Bibliographie d’histoire de droit en langue française (Université de Lorraine, Nancy) brings you only to a small number of additional relevant titles, but Ther shows there is certainly more to be found.

A search for catalogues of collections of mémoire judiciaires yields currently apart from the two catalogues for the BnF a work by Jacques Droin for a Swiss library, the Catalogue des factums judiciaires genevois sous l’Ancien régime (Paris-Genève 1988). You might want to read the article by Michel Porret, ‘L’éloge du factum : autour des mémoires judiciaires genevois’, Revue Suisse d’Histoire 42/1 (1992) 94-99 [online, e-Periodica]. A quick search among digital collections of some Swiss towns, in particular Geneva and Neuchâtel, did not bring me yet to more digitized mémoires judiciaires. Factums and briefs appear in contemporary law, too, for example in Canada, but here we arrive of the end of my post. At the brink of the rentrée, the start of all activities in France after the summer holidays, I hope to have awakened your curiosity for a fascinating source and to have given you some guidance for your own investigations.

A postscript

How can one search quickly for French scholarly publications when some online bibliographies seem currently not as helpful as you would like them to be? At Isidore, a French research portal, I could find more literature about factums and even links to digitized items. Some other libraries I did not mention here contain also some digital copies of factums, but they are not part of a mass digitization project. The digital portal Mémoire vive of the town Besançon is an example with some twenty digitized factums. A second thing worth noticing is the policy at Gallica, the digital library of the BnF, to harvest also digital materials from partner libraries. Thus factums at the Bibliothèque Sainte-Geneviève, Toulouse and Clermont-Ferrand can be found at Gallica. More surprisingly it becomes clear that the BnF, too, has digitized possibly many hundred factums, but alas the exact number is not established easily, because the filter function does not contain a filter for descriptions of factums from the vast collection of factums at the BnF in which the word Factum has been put at the very beginning of each description.

Publishing laws in Early Modern Italy

This month I could add a number of digital resources for legal history to my website Rechtshistorie, but with summertime approaching I could not help asking myself during some fleeting moments whether scholars actually use these resources. However, when I encountered in a collection held at Het Utrechts Archief, the municipal and provincial archives of the city and province Utrecht, a seventeenth-century piece of printed ecclesiastical legislation from Italy I was only too happy to be able to use these online resources. In this post I offer a small tour of projects concerning legislation in Italy during the Early Modern Period.

What’s in a name?

My curiosity was evoked by a notice in an inventory about a publication in print of a condemnation by pope Innocent XI in 1679 of sixty-five theses concerning probabilism, an approach of Christian beliefs building on the works of some Jesuit theologians in the seventeenth century. Being a medievalist my first reaction was to look at the formal aspects of this publication: Is it a papal bull, a decree, a letter, a motu proprio or something else? Each of this forms has its own characteristics which can be used in particular to determine its age and nature, whether it is truly a papal publication, a forgery or something else.

The condemnation by pope Innocent XI - image Rome, Biblioteca Casanatense

The condemnation of probabilism by pope Innocent XI, 1679 – Rome, Biblioteca Casanatense, Per.est 18_14.313

Let’s look at the document I encountered, and I use here an image from an Italian database for Early Modern ecclesiastical legislation. Within the Scaffali digitali, the digital library of the Biblioteca Casanatense in Rome, the series of nearly 1,100 editti e bandi pontifici take pride of place. The Scaffali digitali can be viewed in Italian and English. In fact this collection can be accessed also using the portal site Internet Culturale. The first thing to notice in this digital collection is the presence of two editions of this text both issued on March 2, 1679. The edition I found is almost a poster, and described at the Casanatense as a manifesto. The other edition (shelfmark Per.est. 18_14.311) is a quire in folio format, a small booklet. The identical title of both documents, Feria 5. die 2. Martij 1679. In generali Congregatione sanctae Romanae, & vniuersalis Inquisitionis habita in Palatio Apostolico Vaticano coram sanctissimo D.N.D. Innocentio diuina prouidentia papa 11. (…), mentions in both cases clearly the congregation for the inquisition, the Congregazione dell’Inquisizione. The Latin text states clearly that pope Innocent was at a meeting of this congregation to promulgate his condemnation. From this I would conclude this condemnation is a decree published by the Roman inquisition of a papal condemnation. The description in the inventory at Utrecht will have to be adjusted to do justice to the nature of this document.

As for its theological and doctrinal continent it might be wise to add a note to the well-known standard editions of texts concerning doctrines of faith, the Enchiridion symbolorum, definitionum et declarationum de rebus fidei et morum edited by Heinrich Denzinger. The only trick is to indicate clearly the edition you used because in modern editions the numbering has been reshuffled (2101-2167 against 1151-1216). There are translations of Denzinger in several languages. In at least one online version Denzinger gives as the title for the sixty-five condemned propositions Propositiones LXV condemnatae in Decreto Sancti Officii.

Header Internet Culturale

At the Biblioteca Nazionale Centrale di Rome is yet another collection with digitized ecclesiastical legislation, Bandi e bolli pontificie del XVI secolo, accessible at Internet Culturale, the digital portal of a number of Italian libraries with a multilingual interface, but this collection is limited to the sixteenth century. It is a reminder to look not only in the several constituent parts of the Corpus Iuris Canonici for canon law as it was brought together since the sixteenth century, but also in the material sources of law which sometimes did touch the whole Church as much as this main set of canonical collections. The position of the papal states and the Vatican within the borders of Italy inevitably make it necessary to look for its legal history not just at legislation for the Catholic Church, but also at sources elsewhere in Italy. I would almost forget to underline that reading the original publication adds a dimension to studying theological developments in the seventeenth century.

Old Italian laws at your screen

So far I have already mentioned editti, edicts, bolle, bulls, and bandi, an almost untranslatable word, and more terms will follow. Yet bandi with the singular bando is the word most used for publications of single laws and decrees. The entry Bando in the online version of the Enciclopedia Treccani interestingly links the word bando and banno with the German word Bann. The word bandit stems from bandito, someone banned, i.e. expelled by formal proclamation. The Fondazione Querini Stampalia has created at Internet Culturale the digital collection Vox Venetica: Bandi della Repubblica Venezia di secoli 16-17 with more than three thousand legal proclamations from Venice. Even if this is not actually a digital collections it is useful to point to the project Ecclesiae Venetae of the Venetian Archivio di Stato and other partner institutions with online inventories of the archives of ecclesiastical institutions, with special attention to Italian archives concerning the inquisition. The Archivio di Stato di Venezia has started digitizing thirteenth-century charters in volgare in the project Chartae Vulgares Antiquiores. Bologna is in the Early Modern period a case of a city under the aegis of the papal state. The cardinal-legate reigning Bologna issued many thousands municipal ordinances and decrees for which the Biblioteca Comunale dell’Archiginnasio has made La Raccolta dei Bandi Merlani, a digital collection with publications printed between 1601 and 1796. Nearly 23,000 of some 75,000 items have been digitized. It is perhaps wise to point to the online introduction Il governo di Bologna. Amministratizione comunale dal 1141 al 1945.

In Milan we encounter different terms, gridi and gridari. The Istituto di Teoria e Tecniche dell’Informazione Giuridica, part of the Italian national science foundation Consiglio Nazionale delle Ricerche, has created the collection for Le gride e gli editi dello Stato di Milano (1560-1796). One has to register before you can use these digitized sources. A part of the same ground is covered by the project I gridari del ducato di Milano nel XVIII secolo of the Università degli Studi di Milano. A third project brings you to Gride e Gridari Seicenteschi del Ducato di Milano (1600-1700) with 47 digitized gridari, accessible at the portal Lombardia Beni Culturali, a cultural heritage portal for the region Lombardy. This portal has also a section with nineteenth-century legislation in the field of public law in Lombardy, the Archivio lombardo della legislazione storica (1749-1859). Lombardia Beni Culturali is home to more projects with connections to legal history, for example the Codice diplomatico della Lombardia medievale and registers from the chancery of Francesco I Sforza (1450-1466), but here we leave the field of Early Modern legislation.

On my webpage with digital libraries I have put together a lot of commented links for Italy. I cannot vouch for its completeness, but it would be excessive to repeat here verbatim everything you can find there. The new portal BibVio, Biblioteche virtuali online of the main Italian research libraries, including 46 Italian biblioteche pubbliche statali, deserves mentioning here, however it does not bring an easy overview of their digital presence. I would have loved to write here about Florence, but I can provide you here at least the links to Archivi Storici Toscani, a portal focusing on municipal archives in Tuscany, and the portal Archivi in Toscana, and for archives in Italy the portal of the Direzione generale per gli archivi. A recent digital publication in its digital library using materials pertaining also to Florentine legal history is the volume l carteggio della Signoria fiorentina all’epoca del cancellierato di Carlo Marsuppini (1444-1453) edited by Raffaela Maria Zaccaria (2015) (online, PDF, 4,7 MB). This digital library contains more publications which touch upon both legal and ecclesiastical history. The Archivio di Stato in Florence and its veritable portal to the history of Florence should be both online and in real life a fine starting point to find and use more. Seeing the decree of Innocent XI and the collections digitized in Rome brought me happy memories of my visits to the Biblioteca Casanatense.

Digitizing legal manuscripts at the Vatican Library

In this century several major research libraries and national libraries have started to digitize their manuscript collections. On my blog I have reported for instance about digitized legal manuscripts in the British Library. Legal manuscripts were included also in the project Europeana Regia for the reconstruction of the medieval royal libraries. One of my earliest posts concerned the Swiss project e-codices. More recently I wrote here about digitized manuscripts from Chartres and the Mont Saint-Michel. The digitized medieval and Renaissance legal manuscripts at the Collegio di Spagna in Bologna did not escape my attention, too. In 2013 the project at UCLA for the Catalogue of Digitized Medieval Manuscripts came to a halt because the two courageous scholars responsible for this project could not cope anymore with the tasks of creating a consistent and yet detailed catalogue. The question how to find out about the presence of digitized manuscripts is not easily answered.

Logo Digivatlib

For one particular massive project there is a way to stay informed. The current digitization project for the manuscripts of the Vatican Library has made considerable progress. Already some three thousand manuscripts can now be viewed online. However, this library did until this week not publish lists of recent additions. How can you stay informed about manuscripts which might interest you? In this contribution I will look at the efforts of Jean-Baptiste Piggin, a journalist and historian in New-Zealand, who since 2015 has patiently reported at his blog Macro-Typography about recently added digitized items. His service to scholars and the general public deserves our thanks and admiration. For your convenience I have put together a list of the legal manuscripts Piggin signalled until now. Piggin himself is interested in the history and use of diagrams, including those created by medieval lawyers, and this offers me a chance to write here about legal iconography, too. At Twitter you can find Piggin, too (@JBPIggin).

Thousands of manuscripts

The collections of the Biblioteca Apostolica Vaticana (BAV) in Vatican City are truly extraordinary. Not only their sheer number is immense, but also the presence of many remarkable manuscripts make this library an institution beyond repositories elsewhere. During its long existence the BAV was able to acquire entire manuscript collections. The Palatini came from the ducal library at Heidelberg, the Ottoboniani from cardinal Ottoboni, the Urbinati from Urbino, the Chigiani from the Chigi family, and these are just a few examples. Luckily there are even special bibliographies for the modern scholarly literature about these manuscripts. The BAV has created a separate online manuscript catalogue. The main digitization project of the BAV has several sister projects, for example for Syriac and Chinese manuscripts.

Logo Bibliotheca Palatina Digital - UB Heidelberg

The most important accompanying project deals with the Palatini latini, some 2,000 Latin manuscripts originally kept at Heidelberg, and now digitized and only accessible online at the portal Bibliotheca Palatina digital of the Universitätsbibliothek Heidelberg. With the advanced search mode of the Palatina Search you can directly search for particular manuscripts. For the subject Recht you will find some 220 digitized manuscripts, but alas it turns out this search does not yield the result you would expect, because not only legal texts show up. Using filters such as Pal. lat. does help somewhat, but in my view it is not correct when the filters Justiz and Kanonistik give almost completely identical search results. The fact you can find individual texts within a manuscript is not only welcome, but simply necessary. The overview of Palatini latini is organized in some twenty lists with each one hundred manuscripts. Arranging by year, author or title does help a bit. However, a check with the lists’ view at Heidelberg makes clear you can confine your search for legal manuscripts among the Palatini latini mainly to the shelfmarks Pal. lat 621 to 800. The university library at Heidelberg has a separate website for searching images in the Palatini manuscripts.

Having the Palatina Search at your disposal is really useful and important when you look at Piggin’s series of posts with digitized Palatini latini. It would be a herculean task to add for each manuscript in his lists a short or long description. For the Palatini Piggin often gives the author’s name and the title of a work. So far Piggin has counted some 3,200 digitized manuscripts from the BAV. In his early posts he did not include complete lists. Until now he mentioned on his blog some sixty Palatini latini with legal texts. By the way, at the end of each post Piggin asks for comments and additions from people who know more about newly digitized manuscripts.

Apart from the Palatini latini Piggin mentions I have now a list in front of me with 33 legal manuscripts. This number puzzles me a lot. Stephan Kuttner and Reinhard Elze published two volumes of their Catalogue of canon and Roman law manuscripts in the Vatican Library, I: Codices Vaticani latini 541-2299, II: Codices Vaticani Latini 2300-2746 (Città del Vaticano 1986-1987). These two volumes should have been followed by three consecutive volumes, but for various reasons this has not yet happened. Gero Dolezalek and Martin Bertram have put PDF’s with the draft galley proofs of the third volume online. They bring us to Vat. lat. 11527. A similar project for other manuscript collections at the BAV is one of the projects that will bear fruits in particular for the field of medieval canon law. The overviews created by Brendan McManus for medieval canon law texts, the Manuscripta Iuridica database at Frankfurt am Main for texts concerning Roman and feudal law, and the Initia operum iuris canonici medii aevi of Giovanna Murano are at many points much more concise for manuscripts held at the Vatican Library. With this information at our disposal I should really look again at the nearly fifty (!) posts Piggin published and check them against these combined resources. For my consolation I can only remark that you will have to perform a similar task when you want to know about for example medieval medical or mathematical manuscripts at the Biblioteca Apostolica Vaticana.

After all these preliminary remarks I had better give you simply these thirty-three manuscripts as presented by Jean-Baptiste Piggin, starting for your convenience with the Vaticani Latini:

  • Vat.lat. 630 pt.1 – Isidorus Mercator, Decretalium collectio
  • Vat.lat. 841, De Regimine Principum, a guide-book for princes, by Giles of Rome (Aegidius Romanus)
  • Vat.lat. 1130, anonymous (John of Paris?) on papal authority
  • Vat.lat. 3978, handbook for the Inquisition
  • Vat.lat. 3740, about 60 texts on apostolic poverty made to advise Pope John XXII at the time of a controversy with the Franciscans 1322-23 on the issue
  • Vat.lat. 3833, Collectio Canonum by Deusdedit, written between 1083 and 1087. This is the sole complete manuscript of this legal work. See Lotte Kéry. Notable for tabular material, but no diagrams. This is a palimpsest with four Vulgate gospels from the 7th or 8th century underneath (see Trismegistos)
  • Vat.lat. 12723, manuscript records of the Inquisition

The presentation of these manuscripts differs from a short notice to a much fuller description for some of them. “Lotte Kéry” refers to her repertory Canonical collections of the Early Middle Ages (ca. 400–1140) : a bibliographical guide to the manuscripts and literature (Washington, D.C., 1999), partially digitized by The Company with the Search Engine. Trismegistos is a database for ancient papyri and inscriptions. I will expand later on Piggin’s interest in diagrams.

The descriptions for the other manuscripts I took from Piggin’s blog follow here in alphabetical order of their shelfmarks. Behind the arrows I expand or correct his notes:

  • Barb.lat. 1396, a consilium of Baldus de Ubaldis >> numerous consilia by Baldus and other authors
  • Borgh. 7, Pope Boniface, Decretales
  • Borgh. 12, Works of Godefridus Tranensis
  • Borgh. 26, 13th-century legal text, Apparatus Decretorum
  • Borgh. 95,14th century, legal, Arnoldus de Augusta
  • Borgh. 154, Tancredus, 1185-1236, Opera, 13th-14th century
  • Borgh. 214Opera quaedam de re iuridica, 14th century,
  • Borgh. 226, Novels of Justinian
  • Borgh. 230, Iohannes de Lignano, 1320-1383 Lectura super decretales
  • Borgh. 231, Abbas Antiquus
  • Borgh. 248, Rottfried: civil law, canon law >> Roffredus Beneventanus, Libellus de ordine iudiciorum
  • Borgh. 262Decretales of Pope Gregory IX, glossed by Bernardus Parmensis (also known as Bernard of Parma, Bernard Botone, Bernard Bottoni), seems similar to Ms. 1 at Syracuse University
  • Borgh. 290, Bottoni, Bernardo, Summa super titulis decretalium
  • Borgh. 348, collection of opinions written in 1320 for Pope John XXII before 14th-century decision to extend inquisition to practitioners of “black magic” in southern France. Notes >> a reference to Annelies Maier, Ausgehendes Mittelalter III (Rome 1977) 208.
  • Borgh. 372, Glossa on Justinian >> Codex Justinianus with the standard Accursian gloss
  • Borgh. 374: A 13th-century text of the Emperor Justinian’s legal codifications including the Institutions, annotated by medieval lawyers. Justinian was emperor at Constantinople 527-565. >> Institutiones, Novellae, Libri Feudorum and Tres Libri (Codex 10-12).
  • Ott.gr. 64, legal synopsis
  • Ott.lat.15, legal texts, compiled by Capuchins
  • Reg.lat. 189, papal register
  • Reg.lat. 1024, the Liber Judiciorum, an early-8th-century code of Visigothic law (probably) copied in Urgell, Spain
  • Ross. 555, a beautiful Hebrew codex with four fine Italian miniatures. From Evelyn Cohen I read that this is Jacob ben Asher’s legal treatise, the Arba’ah Turim, and that the images depict a synagogue scene, animals being slaughtered according to Jewish ritual, a wedding and a courtroom scene.
  • Urb.lat. 157, Innocent IV, decretals
  • Urb.lat. 158, Azo of Bologna, decretals >> Azo, Summa Codicis and other works
  • Urb.lat. 159, finely illuminated law text by Bernardo Bottoni on Gregory’s Decretals, with a 14th-century arbor consanguinitatis where the tree is held in a planter by the law-giver (discussed by Hermann Schadt, Arbores, at p 259 ff.)
  • Urb.lat. 160, Johannes Andreae, Boniface VIII, decretals dealing with marriage and other legal issues >> mainly the Liber Sextus of pope Boniface VIII
  • Urb.lat. 1057, bound book of papal records

Piggin very sensible enlivens his lists with small format images of often remarkable illuminations, but to keep it here within sensible length I have excised the images and his remarks, except for those concerning legal trees such as the arbor consanguinitatis. In a post about digitized manuscripts in Bologna I have looked at the Mosaico project and its section about the Arbor actionum, the “Tree of actions”, a tool designed for determining which legal action(s) you should choose. Among legal diagrams Piggin looks in particular at the arbores consanguinitatis et affinitatis, and he proposes some substantial revisions of the views expressed by Hermann Schadt in his classic study Die Darstellungen der Arbores Consanguinitatis und der Arbores Affinitatis : Bildschemata in juristischen Handschriften (Tübingen 1982). Piggin published a post about legal arbores, and he has even has written an accompanying guide, The Missing Manual: Schadt’s Arbores. The virtual exhibition Illuminating the Law of the Fitzwilliam Museum in Cambridge shows some examples of these arbores. Piggin questions the very use of the word tree and invites scholars to look more closely and use terms carefully.

In Piggin’s notes the sheer variety of manuscripts faithfully mirrors the wealth of the manuscript collections at the BAV. For the field of legal history I have included also some items concerning the papal inquisition (Borgh. lat. 348, Vat. lat. 3978 and 12732) and some papal records (Reg. lat. 189 and Urb. lat. 1057). The manuscript Vat. lat. 3740 with questions concerning apostolic poverty reminded me of Umberto Eco’s The Name of the Rose and this subject as a bone of contention figuring in his novel. DigiVatLib does in many cases include at least some bibliographical information with which you can start further exploration of a manuscript.

Apart from his interest in legal iconography Piggin explores the origin of the use of diagrams with stemmata. I can only admire his tenacious approach and the way he blogs about his research in ancient and medieval history. The main results of his research appear at his own website. One of his latest blog posts concerns the text of a medieval commentary on biblical arbores humani generis, a kind of genealogical schemes showing the genealogy of Christ. The text seems to have been overlooked because it only filled gaps in drawings. It seems the kind of discovery only made by those who look at things supposedly well-known with an ever open mind.

While finishing this post the staff of DigiVatLib is busy transferring digitized manuscripts and incunabula to a new platform with enhanced interoperability. There have been complaints presence of large watermarks on the digitized images. It is also remarkable to see an interface for English, Italian and Japanese. There is now an advanced search mode with even fuzzy filters (“partial match”). You can tick a field for non-digitized items and choose to search only manuscripts. The galleries with selected manuscripts and the twenty latest digitized items wet your appetite for more. Twice every month you can get at Piggin’s blog a preview of newly digitized manuscripts. Even if it is possible to correct and expand his notes on legal manuscripts, you must admit that creating commented lists does at least provide useful orientation. Perhaps some legal historian might take up the challenge of providing a regular list of updates for digitized legal manuscripts at the BAV with sufficient information to start benefiting truly from this massive digitization project.

Opening a book: Legal consulting in the Dutch Republic

A post at my blog in December brought you to three foundations created in Utrecht by seventeenth-century Dutch lawyers. In this post I will look again at one of them, Evert van de Poll, and in particular at traces of his work as a lawyer. Van de Poll had become the advocate of the States of Utrecht and councillor in the provincial court of Utrecht. In his will he had stipulated his books should become part of the municipal library, in 1634 an important collection at the start of the university library at Utrecht. The books in the spotlight of this contribution which fits into my series Opening a book are collections with legal consultations from the seventeenth century. Dealing with them is not a straightforward business, and I will show here some of the problems you encounter when approaching this juridical genre.

J. van Kuyk, the author of the brief biographical notice on Evert van de Poll (around 1560-1602) in the Nieuw Nederlandsch Biografisch Woordenboek (10 vol., Leiden, 1911-1937) II [1912], col. 1114-1115 – online at Biografisch Portaal – refers to a juridical consultation signed by Van de Poll and included in the Hollandsche Consultatiën, in the third volume published in 1662, no. 95. Alas tracking this reference is not as straightforward as Van Kuyk might have thought, because there are several editions of the Consultatiën, advysen en advertissementen, gegeven ende geschreven by verscheyden treffelijcke rechts-geleerden in Holland. It took me some time to find a digital version of this work. Joannes Naeranus published at Rotterdam editions of this work in six volumes, but he did not publish the volumes in consecutive order, a nice challenge for bibliographers. The first set appeared at Rotterdam between 1645 and 1666 with also an Amsterdam version of the third volume (1647), the second set between 1648 and 1669, and the third set between 1661 and 1670. A fourth set was printed from 1683 onward by his successor Isaac Naeranus. There are also sets printed in Amsterdam from 1716 and 1728, in their turn also reprinted.

The Karlsruher Virtueller Katalog does not bring you to a digital version of the right volume from this edition, and after trying some portals to digitized books – actually the Dutch Delpher portal, the portal of the Polish Digital Libraries Federation and the Spanish Biblioteca Virtual del Patrimonio Bibliográfico – it slowly dawned upon me this book might be included at a subscriber’s only project. and thus out of reach for the average researcher. The Firm with the Famous Online Search Engine has digitized volumes from the edition Amsterdam-Utrecht 1736-1768 in the library of the University of Amsterdam, and at Amsterdam are other sets as well. By sheer luck I started my online search in subscribers’ online collections with Early European Books [EEB], a commercial project with for users in the Netherlands free access to books held at the Dutch Royal Library. At first I seemed to have asked for too much, because when looking for consultatiën only other works with Dutch juridical consultations from the seventeenth and eighteenth century appeared to have been digitized, in itself a substantial harvest.


Only when I tried rather desperately to find digitized copies of works published by Naeranus the third volume of the edition Rotterdam 1662 [4°, [8], 716, [68] p.] did appear, and something else became clear, too. On close inspection of the first thirteen results from a title search at EBB I should have noticed the five digitized volumes of the Consultatiën are not from the same edition. For one volume the actual number of volumes of a set was indicated in the search results, and thus I wondered why the Royal Library seemingly did not digitize an entire set. To all appearances it seems that for a number of works in EEB only a part of the title has been included within the meta-data. In the screen print here above you can see “Het derde deel” has been entered as the title, and not the full title, even though you can see at the right the actual title page. For some other volumes the part of the title with the volume number has been recorded as an alternative title. You can imagine how I looked at my computer screen in utter disbelief at this digitization record! A proper description of multi-volume works is distinctly different. Let the record show that the library catalogue at The Hague does contain correct information, but only the Short Title Catalogue Netherlands (STCN) makes you unequivocally aware of the exact composition of the sets, but neither catalogue mentions the digitization, something the STCN does normally. The Nederlandse Centrale Catalogus, the Dutch Central Catalogue, only accessible for subscribers and cardholders of the Royal Library, adds only for one eighteenth-century set the digitization by The Firm (6 vol., Amsterdam: Boom and Van Poolsum, 1736-1768). The NCC’s information about holding libraries is not complete, and without the STCN you would not notice this defect. Anyway a caveat lector seems first of all appropriate when you use Early European Books.

Dutch books in American libraries

Logo Hathi Trust

When searching all this information for your benefit, and surely also to learn something myself, I realized the great search engine of the Karlsruhe Virtual Catalogue does not offer much in the field of American libraries apart from the Hathi Trust and the Internet Archive. WorldCat is not always helpful with books printed before 1800, although I did look at the beta version of OCLC’s new Classify tool to see how this set is described. Luckily you can since a few months search online in The National Union-Catalogue, pre-1956 imprints (…) [NUC] (754 vol., London 1968-1981), digitized for the Hathi Trust Digital Library at the University of Michigan with the help of other institutions and the original publisher. You can search individual volumes of the NUC, but when you use the advanced full-text search mode with the full-text search field for your own search term(s) and setting the title field to “National union catalog, pre-1956”, you can conduct a multi-volume search. The Library of Congress provides a handy PDF with the tables of content for each NUC volume. The only additional trick is probably memorizing quickly at least some of the abbreviated codes for library locations printed at the start of each volume. Unfortunately it seems only a copy at the Library of Congress appears in the NUC, first without a clear indication in vol. 25, p. 529, but completed in the supplementary volume 713, p. 247. In the midst of all bibliographical details it is perhaps necessary to say the Hathi Trust Digital Library does not contain any digitized set of the Consultatiën.

Frontispice first volume of the 1648-1666 edition of the Consultatiën

Frontispice of the first volume of the 1648-1669 Rotterdam edition of the Consultatiën – image Yale University, Lillian Goldman Law Library, Rare 26 10-0473 v.1

Another approach to find sets in the United States might be checking only the catalogues of some major collections where for good reasons you can expect the presence of a particular work. The Library of Congress has indeed sets from both the seventeenth and the eighteenth century, Harvard has two sets from the eighteenth century. The Robbins Collection at Berkeley has what seems to me according to the Melvyl catalog for Californian libraries a mixed set printed at Rotterdam, and two eighteenth-century sets. Columbia has three eighteenth-century sets, and there is one incomplete seventeenth-century set with some volumes from later editions. The Orbis catalog of Yale University Library does not include the set of the second – or maybe the first because of the third volume printed in 1647 at Amsterdam? – Rotterdam edition at the Lillian Goldman Law Library, its volumes are described in the Morris catalog. I did not find any set at Stanford, Cornell and Boston College.

Title page third volue (1662)

The title page of the third volume (1662) – copy Amsterdam, Vrije Universiteit – image STCN

At this point it might at last become very clear that you will need to create or use reliable bibliographical information in order to determine and assess exactly which book you are looking at. How sure can we be that the sets mentioned above are indeed original sets? The library of the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main houses a very large collection of old Dutch juridical books, and there is a most detailed separate catalogue by Douglas Osler, Catalogue of books printed in Spain, Portugal and the Southern and Northern Netherlands from the beginning of printing to 1800 in the library of the Max-Planck-Institut für Europäische Rechtsgeschichte (Frankfurt am Main 2000). The STCN gives detailed bibliographical information about each volume of the various sets with consultatiën, advysen en advertissementen, in fact more than the online catalogue of the library at Frankfurt. However, having a printed catalogue at your disposal is not always enough. The catalogue of old books at the Library of the Hoge Raad, the Dutch Supreme Court, does not indicate the printing date of the volumes in their sets.1 The Law Library of Utrecht University does provide in its own summary catalogue and in the main library catalogue sufficient indication of each volume within a set, thus corroborating our information. You will need such information in the face of sequels to our subject, such as the Nieuwe consultatiën, and because of the existence of similar sets for Gelre (Guelders) and Utrecht, with often very similar titles.

Van de Poll cum suis on feudal law

I had better tell you now more about consultation no. 95. It deals with a case in feudal law in Guelders. The case description and the consultation are to be found at pp. 319-323 and were signed on September 20, 1597 by Cornelis Oem, Folkert van Montzema, “E. Pollio” and Folkert Oem. The books from Van de Poll’s legacy at Utrecht University show as their provenance ex dono E. Pollionis. The councillors of the court at Utrecht issued this opinion in an appeal procedure from the provincial court of Guelders where Pieter Doois, dean of the church in Deventer, had brought the case against his younger brother Dirk concerning a fief called Madakker. Earlier Pieter had sold the possession of this fief at the feudal court of the provost (proosdij) of Salland in Deventer. Among the issues at stake was the jurisdiction and law valid for cases concerning a fief, that of its location or that of the court under which it belonged, in this case either the feudal customary law of the proosdij or those of the duchy of Guelders. To complicate matters the appellant pointed also to the matrimonial contract from 1556 which had been confirmed by the lord of his fief. With remarkable speed and economy the councillors at Utrecht decided that this case fell under the feudal law of Guelders. The conditions in the matrimonial contract were null and void. This learned opinion mixes Dutch – with a distinct Eastern flavour – printed in a Fraktur like type with sentences and references in Latin printed in Roman type. Van Kuyk did probably use a register to the six volumes in order to find this reference, probably the earliest register printed in 1696 as a seventh volume of the last seventeenth-century set. The 1696 edition can be viewed online at Early European Books, and I did not find an author index in this volume. Van Kuyk probably used another edition.

Some conclusions

At the end of this post I would like to stress how necessary it is to conduct a full bibliographical search into the printing history of these Dutch consultations before pronouncing with any certainty on the completeness of any set. In this case it is not enough to rely exclusively on the main online catalogues and meta-catalogues. A second conclusion is that even if you are used to sailing the oceans of law and old editions there are some foggy regions. In fact I have hesitated very much about writing this post which does offer only a glimpse of much more work to be done before using these sets with legal consultations in a sensible way. Of course it is very useful that the editors of Grotius’ Inleidinge tot de Hollandsche rechts-geleerdheid, F. Dovring, H.F.W.D. Fischer and E.M. Meijers (eds.) (2nd ed., Leiden 1965) provide a concise overview of consultations signed by Grotius on the base of the 1696 register to the Hollandsche Consultatiën, but they only copied the seventeenth-century summaries. In my view finding an edition of old legal consultations is just a start. The background of the lawyers and the edition should rightfully claim our attention, too, in order to establish its value as a historical source. It is seducing to use digital collections as a kind of sea from which you can haul your information without much ado, but alas this is an illusion exposed already long ago. My encounter with Early European Books may serve as a warning that digital resources can be deceptive. Digital libraries might neglect bibliographical accuracy at their own peril, and this is true for scholars, too.


1. P.P. Schmidt, Catalogus oude drukken in de bibliotheek van de Hoge Raad der Nederlanden (Zwolle 1988) and Joost Pikkemaat, The old library of the Supreme Court of the Netherlands (Hilversum 2008), with on a cd-rom Schmidt’s catalogue.