Tag Archives: Early Modern history

Laws under the double eagle of the Habsburg empire

Double eagle of the Austrian Empire, around 1870? - source: Wikimedia Commons

Double eagle of the Austrian Empire, around 1870? – source: Wikimedia Commons

When you want to find resources concerning the history and laws of the Habsburg Empire you will be inclined to look first of all at sources in Vienna. However, in Budapest, too, you can find important sources. The Doppeladler, the two-faced eagle in the blazon of the Habsburg rulers, looked in two directions, and this hint should be followed indeed! In this post I will look both at Austrian and Hungarian resources. The existence of a very interesting portal to digitized sources in Hungary prompted me to write this contribution.

However, the image of an eagle should remind you to look beyond what is immediately visible to human eyes. A second thread in this post is the importance of parliamentary libraries and the online availability of official gazettes. Hopefully this will not only make your curious about the legal history of the Habsburg empire, but indeed ready to explore relevant resources at your computer screen.

Starting in Vienna…

Logo ALEX, ONB, Vienna

Legal historians wanting to do research about law and justice in Austria can benefit in particular from the ALEX project of the Österreichische Nationalbibliothek in Vienna. If you would like to enlarge the territory of your search you can go immediately to the links for similar resources in Germany, the Czech Republic and Hungary. The ALEX project brings together historical legislation, parliamentary records, jurisprudence and a host of legal journals. You can find laws as they were originally published in the official gazettes for the various regions of the Habsburg Empire, or use some of the official – and semi-official – collections. The series started by Joseph Kropatschek, Sammlung aller k.k. Verordnungen und Gesetze vom Jahre 1740 bis 1780 (first edition in 8 volumes, Vienna 1786) with laws published between 1740 and 1780 got in 1789 the formal name Theresianisches Gesetzbuch, the “Theresian Code”. It figures also in the blog ALEX dazumal accompanying the ALEX project. The blog posts can help you finding quickly materials for a particular subject, for example electoral legislation, hunting laws, migration and much more. In the section where you can set filters for particular regions or the whole empire (Gesamtstaatliche Gesetzgebung) you can choose the language of your preference, be it German, Hungarian, Croatian, Czech, Polish, Slovenian or Italian. Ruthenian and Rumanian have yet to be added…

Header image RepöstRG (Predella of the Neustädteraltar, Stephansdom, Vienna)

The second way to find Austrian legislation between 1500 and 1918 is literally a gateway. Heino Speer (Klagenfurt) has created the Repertorium digitaler Quellen zur österreichischen Rechtsgeschichte in der Frühen Neuzeit [RepÖstRG), a repertory in two versions, one programmed in HTML, the other one using WordPress. This double gateway offers not only access to legislation, but also to (older) scholarly literature. You can search here in chronological or territorial order. With additional information for persons and the spread of Protestantism in Austria Speer deserves praise for his marvellous efforts, in particular when you can also turn here to the Corpus Iuris Civilis in several editions.

…. and going to Budapest

Logo Hungaricana portal

Vienna and Budapest are cities along the Danube river. It is only logical to visit also Budapest. The Hungaricana portal, accessible in Hungarian and English, pushed me into writing about the Habsburg Empire. The Hungaricana portal shows on its start page five main sections, a gallery with images, digitized books in the library, historical maps of the Austro-Hungarian Empire, also separately searchable at MAPIRE with a trilingual interface, more maps and plans, and finally digitized archival records. The library sections contains also publications issued by museums and archives, including publications of the Österreichisches Nationalarchiv. In particular the archives section brings you to a great variety of digitized sources, for example medieval charters, documents from the city of Budapest, royal letters and decrees, and a census from 1767.

The databases page shows the full strength of Hungaricana. The Régi Magyar Könyvtár [RMK, “Old Hungarian Library”] with digitized old works written in Hungarian, can only be viewed in Hungarian. It contains also the bibliography created by Károly Szábo of works published in Hungarian between 1531 and 1711 and books in other languages printed in Hungary between 1473 and 1711, all with their RMK number and additional information. The maps section, too, can only be viewed in Hungarian, and thus you might have to rely on the quality of the translating tool in a well-known browser.

Header DTT - screenprint

Hungaricana is operated by the Parliamentary Library of Hungary. In the Digitalizált Törvényhozási Tudástár, the Digital Parliamentary Databases, accessible in Hungarian and English you can find much, from laws, legal books, national and ministerial gazettes to legal journals, parliamentary proceedings and decrees. The search interface is in Hungarian and English. This digital library is clearly comparable to the Austrian ALEX portal and indeed a veritable portal for Hungary’s legal history.

Header Visegrad Digital Palriamentary Library

Interestingly there is a second portal with information about the parliaments of countries within the borders of the Habsburg Empire. The Visegrád Digital Parliamentary Library has links to digitized sources for Austria in the ALEX portal, for Hungary from 1861 onwards, Poland (1919-1939 and from 1989 onwards) and for Slovakia since 1939. Visegrád is the Hungarian town on the Danube where the leaders of four East European countries signed in 1991 a covenant for cooperation, the Visegrád 4. In fact the Visegrád portal leads you directly to the Joint Czech and Slovak Digital Parliamentary Library, with both current and historical information; the links of the Visegrád portal for the Czech Republic do not work, but you can find the right links in the Digitální Repozitár of the Czech parliament. This website goes even beyond the Habsburg empire to sources from medieval Bohemia. You will perhaps also want to look at the ten historical maps of the Visegrád portal covering the period 1815 to 1999, but you will surely want to use its multilingual dictionary of parliamentary terms.

At the end of this post I will try to suppress my wish to give you here much more information, but perhaps it will suffice to tell you that I included information about and links to a number of official gazettes on the digital libraries page of my legal history site. In some cases you will see the exact link, in other cases you will find them as a part of a parliamentary library, and there are some portals for gazettes, too. On my page concerning digital archives you can find out more about archives in Austria, Hungary and Poland. I hope to add soon information about the Czech Republic and Slovakia, but meanwhile you can already use the links at some archive portals which will help you in your research under the watchful eyes of the double eagle in its various incarnations.

Two laws and one trial

Banner The Amboyna Conspiracy TrialSometimes even a history blog cannot escape from current affairs, but the opposite happens, too: a historical event comes unexpectedly into view and you keep thinking about it. A few weeks ago I encountered the project The Amboyna Conspiracy Trial (Monash University) about a famous trial in 1623 on the island Ambon, part of the Moluccas islands in the southeastern part of the vast Indonesian archipelago, close to Sulawesi, East Timor, New Guinea and Australia, thus explaining the interest of a team at an Australian university led by Adam Clulow. Among the partners for this project launched in 2016 were the Roy Rosenzweig Center for History and New Media at George Mason University, the Dutch Nationaal Archief in The Hague and the India Office Records of the British Library. The website of the project invites the users to ponder the question on which side they stand. In particular the educational aspects of this website merit attention. Here I use both Ambon and Amboina to refer to the island.

Yet another reason to write here about the Dutch East India Company is the upcoming exhibition at the Nationaal Archief in The Hague, De wereld van de VOC [The World of the VOC] that will be on display from February 24, 2017 to January 7, 2018.

A clash of emerging empires

Poster "De wereld van de VOC" - Nationaal \archief, Den Haag

The story of the trial in 1623 is seemingly simple and straightforward. The Dutch authorities on the island Ambon, officials of the Dutch East Indian Company, arrested a Japanese soldier who had behaved suspiciously. Under torture he and fellow Japanese mercenaries confessed to know about a conspiracy of the English to capture the Dutch fortress. In a span of two weeks Englishmen, too, were captured and tortured to gain confessions. Under Dutch criminal law torture was considered one of the legal means in a trial. The Early Modern maxim “Tortura est regina probationum”, torture is the queen of proves, is not mentioned at the project website. On March 9, 1623 twenty prisoners were executed by the Dutch.

The creators of the Amboyna website are quite right in seeing this trial as a focus point of history. The Dutch and the English competed for the most profitable trade in spice. In fact the name of the Moluccas in Dutch – now in Dutch Molukken – was for many years “Specerij-eilanden”, The Spice Islands. A treaty signed in 1616 seemed a rather peaceful start of Dutch relations with the inhabitants of the Moluccan Islands, but in 1621 governor Jan Pieterszoon Coen decided to invade these islands, aiming in particular at Banda, known for its nutmeg, apart from Grenada the only spot on earth where you can find large quantities of this fruit which also produces yet another spice, mace.

Treaty with Banda, 1616

From 1610 to 1619 Ambon was the central location of the Dutch overseas empire in South East Asia. Coen and his troops killed in 1621 thousands inhabitants of Banda and the surroundings islands on the pretext that they had broken the treaty by trading with other nations than the Dutch, be they English, Spanish or Portuguese. This background of ferocious and ruthless violence close to genocide did not predict a peaceful continuation of relations with the indigenous people nor with other European countries. It is indeed the very story that forever divides those applauding the Dutch energy and colonial expansion, and those who condemn the events and the whole period as an unforgivable and inhuman step in mankind’s history. A few years ago one of the episodes of the television series on the Dutch Gouden Eeuw (Golden Age) centered around the 1621 massacre at Banda (the fifth episode, Een wereldonderneming [A world enterprise]. In January 1623 Coen was succeeded as governor of the Dutch Indies by Pieter de Carpentier.

The website of The Amboyna Conspiracy Trial gives you a timeline with for each day the texts of the confessions made by the arrested suspects. Four exhibits give you a chance to deepen your knowledges about the two East India companies and the spice trade, the role of Japanese mercenaries, trials in Dutch and English law and the uses and role of torture, and the publicity about the trial. Adam Clulow wrote about the Japanese soldiers in his article ‘Unjust, cruel and barbarous proceedings : Japanese mercenaries and the Amboyna incident of 1623’. Itinerario 31 (2007) 15-34. More recently he published The Company and the Shogun: The Dutch Encounter with Tokugawa Japan (New York, 2014), reviewed for example by Martine van Ittersum for the Bijdragen en Mededelingen betreffende de Geschiedenis der Nederlanden / Low Countries Historical Review 130/4 (2015). Her main criticism is Clulow’s insufficient information about sources in Dutch and Japanese archives. When eventually news of the trial reached Europe, it sparked off a stream of publications. Just browsing the Knuttel, the famous catalogue of Dutch pamphlets shows you a substantial rise in the number of pamphlets issued in 1624 and 1625, but English pamphleteers were even more active. The website features in the “Archive” section only pamphlets in English. You will find in this section some twenty-five sources and a number of paintings and portraits.

Placcaet, Knuttel no. 3548 - image The Memory of the Netherlands

“Placcaet…”, an ordinance against the first pamphlet concerning the Amboina trial – Knuttel no. 3548 – copy Royal Library, The Hague – image: The Memory of the Netherlands

The presentation of sources for The Amboyna Conspiracy Trial should indeed alert you to what you see and read. For many documents a brief analysis of the text and impact is given, but not for all documents. Some items show just one page of a pamphlet or archival record. No pamphlet is presented here in its entirety. For documents in Dutch a partial translation is given, but no transcription. One of the pamphlets, Waerachtich verhael vande tijdinghen gecomen wt de Oost-Indien (…). Aengaende de conspiratie ontdeckt inde eylanden van Amboyna (Knuttel no. 3547), online at the portal The Memory of the Netherlands, originally printed in Gothic script (Knuttel no. 3546) was quickly translated into English as a part of the pamphlet A true relation of the unjust, cruell, and barbarous proceedings against the English at Amboyna in the East-Indies (London 1624; digital version at The Memory of the Netherlands). In its turn a Dutch translation appeared of this English reaction (Knuttel no. 3549, online version). The Amboyna project site does not mention nor contain the ordinance (plakkaat) of the Dutch General States forbidding in August 1624 the distribution of the first pamphlet because it would harm the relations between the Dutch and English East India companies [Placcaet… (The Hague 1624; Knuttel no. 3548, online version)]. Clearly this act did not work to suppress the news of the events in the East. Anyway thanks to the original contemporary translations it is substantially but not completely possible to rely on them.

The database The Early Modern Pamphlets Online for Dutch pamphlets and the German Flugschriften does still work despite an announcement about it being shut down on January 1, 2017. You can freely use this online catalogue, instead of going to the subscribers-only commercial version. The Hathi Trust Digital Library has digitized the catalogue of pamphlets held at the Dutch Royal Library [W.P.C. Knuttel (ed.), Catalogus van de pamfletten-verzameling berustende in de Koninklijke bibliotheek (9 vol., The Hague 1890-1920)], and you can use the search function of this version to search in its text.

The “citations” for the archival items and documents at the Amboina website are the titles of the items, with sometimes a very much abbreviated indication of the location and archive. For the colorful painting in the Museum Rumah Budaya in Banda Neira no indication is given when it was created. I can imagine this is exactly the question teachers or instructors want their students to solve. The image of the 1616 treaty with Banda above is marked “Contract with Banda, 3 May 1616”. Here, too, you might think it would spoil the things students have to do if I would give here more information about this source. I had expected a list with full references for all items in an appendix to the project, tucked away in the teachers’ corner. The start page of the digital project shows part of an engraving showing the torturers and their victims. In a corner of the image you can find a reference in small print giving the reference to this image from the collections of the Rijksmuseum (object no. RP-P-OB-68.279, cat. no. FMH 2328-7). The engraving was published in 1673, not nearly fifty years earlier.

Header TANAP Archives

However, when you start checking you will find several textual witnesses to this treaty, thus making it seem that the image of this treaty – or any other archival record – was taken at random among the registers and originals held at the Dutch Nationaal Archief. The TANAP portal is a great gateway to search for many aspects of the Dutch East India Company both in Dutch, British, Sri Lankan and Indonesian archives. In the combined inventories you will find at least three items with the 1616 contract. The important point is that these inventories do not provide you with digitized images, hence the usual need for good references for documents and images. I would almost leave it to you to search in the TANAP portal for the events at Ambon, but I feel rather certain one of the registers used is Nationaal Archief, inventory 1.04.2, no. 1080, because “VOC 1080” is often mentioned in the citations. Inventory 1.04.02 at the website of the Nationaal Archief contains more than 4 million scanned pages, but not for this register.

If you want mores images at your screen you can combine the riches of The Memory of the Netherlands with for example the portal Atlas of Mutual Heritage. The TANAP portal has a fine links selection, and the introduction to the history of the VOC by F.S. Gaastra is most substantial and supported by a fine bibliography. For more links you should visit the site of the VOC-Kenniscentrum. An important general source are the reports of the governors of Ambon, edited by G.J. Knaap, Memories van overgave van gouverneurs van Ambon in de zeventiende en achttiende eeuw (The Hague 1987), digitized by the Huygens Instituut, and you will no doubt be interested in the digitized resolutions of the Dutch Staten Generaal from 1575-1630.

The educational purpose of the trial website is very clear in the section Your Verdict. Six major questions are fired at you to help you to come to a balanced verdict about the trial. In my view it is one thing to ask these questions, and another thing to create real full access to relevant documents. However judicious the choice of selections, however wise the suggestions for analysis, you will learn from having at your disposal images of the complete documents, transcriptions and translations, with full references to track them again, and this holds true also for paintings and portraits. This lack of exact information mars the quality of this digital collection. The team has in mind to create similar projects around two other conspiracy trials, but now it seems at some turns that some basic information has been left out to create a smooth and convincing selection. Your judgment on these matters will also depend on your preference for a working educational project which stresses the importance of independent thinking and weighing of facts and views, certainly a major and important aim, or a preference to create a showcase for doing real historical research around a historical cause célèbre.

Amidst of all things surroundings this case it is instructive to see the shocked reaction at Batavia (Jakarta), since 1619 the VOC headquarter at Java, of the superiors of Isaacq de Bruijn, the Dutch advocate-fiscal, the senior officer leading the investigation at Ambon. We have to bear in mind that the position of the various members of the VOC united in a number of kamers (chambers) in Amsterdam, Rotterdam and other cities, and the Staten Generaal in The Hague was many thousand miles away. The interaction between the two circles, and even between Java and Ambon was not quick to say the least. It reminded me of a famous article by the late Cees Fasseur (1938-2016), ‘Een koloniale paradox. De Nederlandse expansie in de Indonesische archipel in het midden van de negentiende eeuw (1830-1870)’ [A colonial paradox. The Dutch expansion in the Indonesian archipelago in the mid-nineteenth century (1830-1870)], Tijdschrift voor Geschiedenis 92 (1979) 162-186. It is the model article in a student guide by P. de Buck for writing history papers and master theses, Zoeken en schrijven : handleiding bij het maken van een historisch werkstuk (first edition Haarlem 1982). It seems this configuration of powers and distances can be dated two centuries earlier.

Meanwhile in Holland

Is this only a Utrecht view of things? Let me at least bring you to a diary of someone from Utrecht who could in principle have had first hand knowledge. Aernout van Buchell (Buchelius) (1565-1641) from Utrecht has figured here a few times already. He was not only interested in history, but was also between 1619 and 1621 a member of the Amsterdam chamber of the Dutch East India Company as a delegate of the States of Utrecht. In 2011 Kees Smit made a transcription (PDF) of a manuscript by Van Buchell at the Nationaal Archief [1.11.01.01, Aanwinsten Eerste Afdeling, 256 (old 1882 A VI 8 2)]. It contains some drawings, including a map showing Ambon and a drawing of Fort Amboyna (f. 37v-38r). At f. 102v he wrote in May 1624: “Het jacht, dat den 4. januarii 1624 was van de stat Nieu Batavia ofte Jacatra uuyt Java geseilt, is in mayo gearriveert, brengende tijdinge dat drie schepen, wel geladen, veertien dagen ofte drie weecken, als men verhoopten, soude volgen, ende noch drie schepen bijcans toegerust lagen op de custen van Cormandel. Verhaelden meede van eene conspiratio bij eenige Engelsche ende inwoonders op Amboyna, meinende het casteel aldaer te veroveren. Maer waren gemelt, eenige gevangen, sommige gejusticeert, oeck Engelse. Waerover men seyt, dat den coninc van Groot-Britanniën qualic soude tevreden wesen, van sijne oorblasers opgeritzt. Alsofte men de quaetdoenders niet en behoorden te straffen! Ende die mosten in Engelant geremitteert worden.”

Van Buchell starts telling about the yacht arriving from Batavia on January 1624, and six more ships following within a number of weeks. From “Verhaelden” onwards he jotted down notes about the events at Ambon and his opinion, in my translation: “[They] told also about a conspiracy – note the Latin conspiratio, OV – of some Englishmen and inhabitants of Amboina who aimed at capturing the castle. But they were denounced, some captured, some judged, Englishmen too. As to this it was said the king of Great Britain would hardly be pleased, but – more likely – provoked by his advisors. As if these wrongdoers did not need to be punished! Most of them are being pardoned in England”. Alas these are is only notes about this affair, he does not mention it anymore. To me this one note is tantalizing for all the things Van Buchell does not mention, but it is in my view a superficial report showing his first impressions after hearing something about the fateful events at Ambon. He mentions Ambon sixty times in this diary.

Perhaps more telling are lines in an undated Latin poem Van Buchell wrote in his diary (f. 74r): Vidimus, Oceanus salsis quod circuit undis / Incola odoriferos ter ubi capit arbore fructus / Amboynae Batavus leges ubi condidit aequas / Fragrantes interque nuces collesque calentes / Bandanos domuit populos, gentique dolosae / Imposuit frenum Javae, regemque fateri / Compulit, aut victum se aut armis esse minorem (…). A quick translation of my hand: “We see how the Ocean goes around with salt waves where an inhabitant takes thrice a year wonderful smelling fruits from a tree, where the Batave has set equal laws for Amboina, and [where] there are perfumed nuts amidst the hot hills; he rules the peoples of Banda, and he imposed a rein on the treacherous people of Java, and he forced the king to yield, be it as conquered or smaller in arms (…)”. The combination of being sure about the qualities of you own laws and a conviction that peoples on these isles are treacherous, is potentially lethal. It is striking how often Van Buchell writes in this diary about the Protestant missionaries in the Moluccas. There is another VOC diary by Van Buchell yet to be explored [The Hague, Nationaal Archief, inventory 1.11.01.01, Aanwinsten Eerste Afdeling, no. 255 (old 1882 A VI 8 1)].

Now you might want me to leave out Van Buchell, but in fact it helped me to notice the most obvious gap of the trial website. It is rather strange to bother about the full texts, complete transcriptions and translations of documents, and to accept at face value the statements about the differences in criminal procedure in Dutch law and the common law. Instead of translating Van Buchell writing about an analysis by Hugo Grotius would be most welcome. You can consult his correspondence online at the eLaborate platform of the Huygens Instituut. However, Grotius does mention the Amboyna case in his letters only casually. In 1609 Grotius published Mare Liberum, and in 1625 De iure belli ac pacis. His Inleidinge tot de Hollandsche rechts-geleerdheid appeared only in 1631, but this book deals only with private law. Clulow mentions Grotius and the Amboina case in his 2014 study. In an earlier contribution about Grotius I provided ample information about the first editions, online versions and translations of his works. Simon van Leeuwen’s classic handbook for Roman-Dutch law, Paratitla iuris novissimi dat is een kort begrip van het Rooms-Hollands reght (..) appeared only in 1651.

While pondering the Amboina case and the project website I remembered another Utrecht view of things. My first steps in the fields of legal history were led by Marijke van de Vrugt at Utrecht, the author of a book about De criminele ordonnantie van 1570 (Zutphen 1978), a study about the ordinance for criminal procedure issued by Philips II of Spain. A few years later she contributed to the series Rechtshistorische cahiers the volume Aengaende Criminele Saken [About Criminal Matters] (Deventer 1982) about the history of criminal law, with a chapter about the 1570 ordinance, and also one about Antonius Matthaeus II (1601-1654), a famous law professor at Utrecht, author of De criminibus (first edition 1644). Van de Vrugt provided judiciously chosen relevant text fragments. She discussed in detail ch. 42 of the 1570 Criminal Ordinance and explains its fateful ambiguity due to unclear words about the exceptional use of torture. Matthaeus questioned the eagerness to use torture. Would it not be most natural to provide for both Dutch and common law more precise information when they clearly were crucial for the whole affair? Lack of space and consideration for the stamina of my readers are the practical reasons to leave out here a paragraph about the common law. Clulow mentioned in 2014 the Amboina case to compare it with a later case in Japan, and pointed for good reasons to Grotius. Alas incomplete understanding and investigating the pivotal role of legal matters for the Amboina case mars the trial website.

Some conclusions

Despite my remarks and misgivings about a number of aspect of the Amboyna digital collection I think we should salute it as a welcome addition to the materials available for educational purposes. It makes also a number of documents and images easy available for doing research about the Dutch and British East India companies. At the end of this post I wonder a bit what the input of the India Office Records has been. The absence of records from the British National Archives might cause a frown, too. Adding a full list of references for the documents, archival records and images in this digital collection would redeem a clear gap. The Amboina Conspiracy Trial makes you muse about current ideas about conspiracies and the role of one-sided or full information. It is an example of two laws clashing, Dutch civil law administered by officers of a commercial company granted sovereign powers and the common law. It is chilling to note how this example of quick action led to torture and judicial killings of people where other ways to approach the situation were open.

The Amboina trial website shows many aspects in a colourful way, but it lacks some crucial information about and attention to the very crux of the matters at stake. It would be relatively simple to provide some background about the Dutch law and the common law, instead of just a few sentences. It might seem evident to focus on the trial itself, but you will have to show even in an educational setting more of the background and relevant sources. Only for Isaacq de Bruijn, the infamous Dutch official, things seemed simple. Our world is complicated, and we had better face it. In my recent contribution about presidential libraries I mentioned the replica of the Situation Room. You will need access to all relevant information, time and wisdom to judge a situation correctly and act accordingly.

A postscript

Even this long post did lack at least something very important concerning Dutch law, the collection of ordinances and placards edited by Jacobus Anne van der Chijs, Nederlandsch-Indisch Plakaatboek 1602-1811 (17 vol., Batavia, 1885-1901), also available online completely at Sejarah Nusantara, a portal for seventeeth and eighteenth-century history created by the Arsip Nasional Republik Indonesia, with both browse and search functions.

Love and natural law

Homepage Natural law project, Universität ErfurtSometimes a title can be very evocative or curious. When I read about an upcoming conference about Love as the principle of natural law. The natural law of Johann Gottlieb Heineccius and its context at Halle on November 24 to 26, 2016, I simply wanted to know more about this event. What is the connexion between love and law? What is the role of love in or for natural law? In this post I would like to make a foray into the history of natural law, an important movement in the European legal history of the Early Modern period. The event at Halle is organized by the platform Natural Law 1625-1850, an international research project led by scholars at Erfurt, Halle and Bayreuth.

Love is the word

The project Natural Law 1625-1850 aims at studying natural law as a phenomenon which connect law with other disciplines, such as philosophy, political thought, theology and the arts. Natural law as a concept or a set of ideas gained importance not only in Western Europe but also in North and South America. To help achieving this aim the project website will eventually contain digitized sources, a scholarly bibliography and a biographical database, all surrounded by a scholarly network with accompanying events.

Portrait of J.G. Heineccius

Portrait of Heineccius by Christian Fritzsch in his “Opera posthuma” (1744) – Herzog August Bibliothek, Wolfenbüttel / Porträtdatenbank Franckesche Stiftungen, Halle

The conference in Halle has as its objective getting Heineccius out of the shadows cast by his much more famous colleague Christian Wolff (1679-1754). In fact the main venue of the conference, the Christian-Wolff-Haus at Halle, is the very house where Johann Gottlieb Heineccius (1681-1741) lived for some years, too. Heineccius’ major book concerning natural law, his Elementa iuris naturae et gentium (1737) was certainly as influential as any of Wolff’s publications. Before you start arguing that the scope of this conference is rather small, it is good to be aware of a second conference organized by the platform around the theme Sacred Polities, Natural Law and the Law of Nations in the 16th-17th Centuries (Budapest-Olomouc, November 10-12, 2016). Exactly the impact of natural law across the borders of Northern and Southern Europe, continental and common law, and the exchanges between Protestant and Catholic Europe will be discussed at this event.

One of the reasons to focus on Heineccius is the simple fact that although his works both in the field of Roman and natural law are famous enough, his own life and career and the development of his views is still a field to be discovered. Luckily there is at least one modern biography by Patricia Wardemann, Johann Gottlieb Heineccius (1681-1741). Leben und Werk (Frankfurt am Main, 2007). In the first edition of Michael Stolleis’ Juristen. Ein biographisches Lexikon. Von der Antike bis zum 20. Jahrhundert (Munich 1995) Klaus Luig did not mention at all in his contribution Heineccius was first trained as a theologian before he started studying philosophy and law. In this respect the concise article by Rolf Lieberwirth for the Neue Deutsche Biographie 8 (1969) 296-297 is better. The online version of this article at the portal Deutsche Biographie has as great assets direct links to various online projects in which persons appear. The conference program has a judicious mixture of contributions focusing on the person of Heineccius on one side, and on the other side papers discussing in particular his impact in various European countries. Alas only the introductory lecture by Knut Haakonsen and Frank Grunert, with Diethelm Klippel founders of the platform, will address directly the theme of love as a principle of natural law. Here Klaus Luig’s short biographic article is helpful with a terse note that Heineccius meant love as a command of God. Natural law tends to be viewed as an attempt to build a legal system without massive reliance on Christian religion or at the best a decidedly Protestant legal order. Luig adds that precisely this religious character made Heineccius’ views also interesting for lawyers in Catholic countries.

Heineccius published his work in Latin whereas Wolff became famous for his use of German in his learned publications. He gained even praise for his excellent grasp of Latin. Interestingly, there is a modern German translation of Heineccius’ Elementa iuris naturae et gentium by Peter Mortzfeld, Grundlagen des Natur- und Völkerrechts, Christoph Bergfeld (ed.) (Frankfurt am Main, 1994). One of the things that merit attention when looking at natural law is the interplay between theology, philosophy and law. Maybe natural law deserves our attention exactly because it forces you to see legal history in a wider context.

Searching for portraits of Heineccius luckily brought me to the English translation by George Turnbull (1741, 1763) of Heineccius’ Elementa iuris naturae et gentium, now available online in the Online Library of Liberty. The modern introduction to this translation offers a welcome sketch in English of Heineccius’ views and the role of love as a guiding principle. It becomes clear he saw love not as an infatuation, an affinity or an Affekt, but as “the desire for good”, working in our relations to God, ourselves and other people.

Natural law has its attractions as offering a supranational foundation beyond existing legal systems, but in reality either religious influences or Roman law became their actual source. In this respect attempts to create a system for natural law are flawed, but they offer for historians fascinating views as a kind of projection screen for the vision of the lawyers working in this direction. For me it is also the changing character of nature itself that has made me cautious about natural law and its supposed independence of existing forms of law and justice.

A Frisian connection

Banner Franeker Universiteit

Another reason for me to look at Heineccius is the period he spent at the university of Franeker between 1723 and 1727. The university of Franker existed from 1585 to 1811. Heineccius quickly came into contact with for example Cornelis van Bijnkershoek. He wrote a preface to Van Bijnkershoek’s Observationes iuris Romani in the edition Frankfurt and Leipzig: ex officina Krugiana, 1738. In the licensed database of the Corpus Epistolarum Neerlandicarum (Royal Library, The Hague and Picarta) I could find just one letter to Heineccius written by Tiberius Hemsterhuis (Leiden, UB, BPL 3100). Using the search portal for Dutch archives I could find Heineccius as one of the people mentioned in the correspondence now part of the Stadhouderlijker Archief kept at Tresoar, the combined Frisian archive and provincial library at Leeuwarden.

Alas I checked in vain for Heineccius in several online projects dealing with Early Modern correspondence and networks. The project Cultures of Knowledge give you a selection of relevant links. Only the Kalliope Verbund has records for a few letters to and by Heineccius in the holdings of German libraries. The Archivportal Deutschland mentions a portrait of Heineccius and a letter of king Friedrich Wilhelm of Prussia from 1737 who did not allow Heineccius to become a professor at Leiden. Just like the university of Harderwijk Franeker was for a considerable number of professors only a stop to go to either Utrecht or Leiden. The letter at the Bayerisches Hauptstaatsarchiv in Munich [BayHStA, Gesandtschaft Haag 2532] is also traceable through the portal of the Deutsche Digitale Bibliothek, but there is no access to a digitized version of this document. By the way, the Bibliografie van hoogleraren in de rechten aan de Universiteiten van Groningen en Harderwijk tot 1811, B.S. Hempenius-Van Dijk et alii (eds.) (Amsterdam 2013) can be downloaded as a PDF, as is the case, too, with the volume Bibliografie van hoogleraren in de rechten aan de Utrechtse Universiteit tot 1811, edited by Margreet Ahsmann, Robert Feenstra and Corjo Jansen (Amsterdam, etc., 1993). You will spot several professors who climbed from minor universities to the most famous! It has to be said that these volumes do not offer complete bibliographies in the sense librarians and book historians use this term. They should be seen as extensive finding lists with descriptions of copies of the works of these professors found in major libraries around the world. Robert Feenstra wrote an extensive bibliographical article about Heineccius in the Low Countries, ‘Heineccius in den alten Niederlanden : Ein bibliographischer Beitrag’, Tijdschrift voor Rechtsgeschiedenis 72 (2004) 297-326, and Klaus Luig, too, should be mentioned again, now with his article ‘Heineccius, ein deutscher Jurist in Franeker’, Tijdschrift voor Rechtsgeschiedenis 77 (2011) 219-227.

Heineccius in context

If you want to delve into Frisian history the website of Martin Engels contains lots of transcriptions of documents on many subjects, including the history of the university in Franeker. In the corner Iuridica of his colourful website Engels presents things of more general interest for legal historians. He has created a webpage with the contents of the Practisijns woordenboekje by Franciscus Lievens Kersteman (Dordrecht 1785), a glossary of Dutch legal terms. There is a page about the Soevereine Raad or Hof van Gelre in Roermond, a court in the province Guelders. For Frisian legal history Engels made extracts for a glossary of Frisian law in the Early Modern period from S.J. Fockema Andreae, Proeve van een woordenlijst der aan Friesland (onder de Republiek) eigene bestuurs- en rechtstermen (Leeuwarden 1967). The very core of his website are pages about the copy at Leeuwarden of a sixteenth-century collection of legal treatises, the Oceanus iuris, meaning the Tractatus universi iuris or Tractatus illustrium (…) iurisconsultorum (Venetiis 1584-1586), originally donated in the early seventeenth century to the university of Franeker. Engels scanned and indexed the lists of authors in the Oceanus iuris. I wrote here about this massive legal collection and its forerunners in an earlier post. When studying publications by lawyers from Franeker it is useful to look at the Bibliografie van hoogleraren in de rechten aan de Franeker universiteit tot 1811, Robert Feenstra, Theo Veen and Margreet Ahsmann (eds.) (Amsterdam 2003). Personal reasons forced Heineccius to return to Germany. The website on the history of the Franeker Universiteit contains concise but interesting information centered around the Museum Martena in the historical buildings of the Martenastins, a stately mansion in Franeker from 1506. I did not spot Heineccius among the selection of portraits of professors on this website. A search in the rich online databases of the Dutch Rijksbureau voor Kunsthistorische Documentatie in The Hague yielded no results for Heineccius.

Banner IZEA, Halle

In the team of scholars leading the project on the history of natural law between 1625 and 1850 Frank Grunert (Halle) is clearly the one closest to the German luminaries of the eighteenth century. At the Interdisziplinäres Zentrum für die Erforschung der Europäischen Aufklärung of the Universität Halle he leads the projects for the modern critical edition of selected works of Christian Thomasius (1655-1728) and his correspondence. Eventually the volumes of the edituion of Thomasius’ letters will be put online. The website of the IZEA can be visited in German, English and French. There is also a digitized version of a current bibliography for Thomasius [Bibliographie der Thomasius-Literatur 1945-2008 (Halle 2009); PDF], and you might also want to use Gerhard Biller, Wolff nach Kant. Eine Bibliographie (2nd edition, Halle 2009). Among the recent publications of the IZEA the Handbuch Europäische Aufklärung: Begriffe, Konzepte, Wirkung, Heinz Thoma (ed.) (Stuttgart 2015) stands out, a volume with fifty contributions about central concepts, ideas and the impact of the Enlightenment.

The IZEA is located in the former Rote Schule, the building of the girls school on the grounds of the famous Franckesche Stiftungen zu Halle, the institution which supported the influential pietist movement started by August Hermann Francke (1663-1727), becoming eventually a major phenomenon in German culture. Its buildings survived the DDR period, but it is still chilling to see the highway above street level directly opposite the beautiful grounds and buildings. The Franckesche Stiftungen have created a fine portrait database in which you can find images of many German people. In the digital library of the Franckesche Stiftungen I did notice the Epistolar Franckes, a project for digitizing Francke’s correspondence, but currently there is no trace of Heineccius. Let’s not forget to mention that the Universitäts- und Landesbibliothek Sachsen-Anhalt in Halle is one of the libraries participating in the project VD18, the overview of eighteenth-century German imprints. Its digital library contains a number of Heineccius’ works. The Repertorium Alba Amicorum contains records for the entries in 1719 of Heineccius, Wolff and Francke himself in the album of Immanuel Petrus Geier [Halle, Frankesche Stiftungen, Archiv: AFSt/H D 133].

Within the project Natural Law 1625-1850 four scholars look at German universities (Frank Grunert, Diethelm Klippel, Heiner Lück and Gerhard Lingelbach); Wilhelm Brauneder will focus on universities in Austria. For other countries individual scholars come into action. I would have expected more information on the project website in the very month two scholarly events take place, but perhaps the energy of the organizers was focused for good reasons on these events! Hopefully the attention to the European context of the great figures in the history of natural law and their interest in and connections with other disciplines will lead to interesting results.

Mapping Australia, an encounter between art and maps

Start of the exhibition In my latest post the importance of maps for combining both classical and digital approaches for historical research got some attention. It is not a coincidence that I would like to follow this trail by looking at a number of examples, but I had not expected that an exhibition in Utrecht would become the focus point. The Dutch king opened on October 3, 2016 the exhibition Mapping Australia. Country to Cartography (AAMU, Aboriginal Art Museum Utrecht). Old maps and modern visions of maps created by Australian artists with aboriginal ancestors are presented here together. The exhibition is a part of the commemoration of 400 years Dutch discovery of Australia in the so-called Dirk Hartog Year, named after the Dutch schipper who in 1616 involuntarily sailed to the west coast of Australia. It offers a good opportunity to look at the digital presence of relevant maps showing Australia at the portal Old Maps Online and the recently redesigned portal Memory of The Netherlands. In 2010 I looked here briefly at this remarkable museum and its collection of law poles.

On the map

Late 17th century Dutch map of

Hollandia Nova – “Kaart van den Indischen Archipel, tusschen Sumatra en Nova Guinea (…)” – late 17th century – The Hague, Nationaal Archief, Kaartcollectie Buitenland Leupe, no. 344

The exhibition at Utrecht shows mainly but not exclusively Dutch maps of Australia. There are also more general maps of the southern hemisphere. The maps have been chosen from the holdings of Utrecht University Library and the Nationaal Archief, the Dutch National Archives in The Hague. Some 2,000 old maps held at Utrecht have been digitized and can be found online at Old Maps Online. The maps held at The Hague come from a special map collection created by the Ministry of Foreign Affairs (Kaartcollectie Buitenland Leupe). The map to the right is one of the items on display at the AAMU and happens to feature prominently in a thematic dossier about Australia at the website of the Nationaal Archief. Among the digitized items of the Nationaal Archief is Abel Tasman’s journal from 1642 (NA, Aanwinsten Eerste Afdeling, no. 121). Tasman, made also drawings of the coastal areas he saw.

The 1616 tin dish commemorating the landing of Dirck Hartogh - Amsterdam, Rijksmuseum, NG-NM-825

The 1616 tin dish commemorating the landing of Dirck Hartogh – Amsterdam, Rijksmuseum, NG-NM-825

Perhaps the most stunning historic object comes from the Rijksmuseum in Amsterdam. The very fact it is held in their holdings struck me forcefully. You could argue that the Dirck Hartogh tin dish is not just an object of Dutch maritime history, but also a telling object in Australian history. Dirck Hartogh ordered the carving of his arrival on October 25, 1616 with the Eendraght on the west coast of Australia at the island which still bears his name, Dirk Hartogh Island. Willem de Vlamingh found this dish eighty years after the landing, replaced in with a copy and brought the original dish back to Amsterdam. Thus the oldest object from Europe that ever touched Australian soil returned to its point of depart in Europe.

Old Maps Online has gained its importance as a quick way to find historical maps precisely because it brings together maps from different angles, countries and perspectives. In the case of Australia it matters enormously to have rapid access to these old Dutch maps because they contain details not presented on other maps, and thus they have influenced cartographers elsewhere very much. Any reader of Simon Garfield’s On the Map. Why the World Looks the Way it Does (London 2012) will be aware how not only the actual shape and contents of a map are important, but also the visions mapmakers create. The combination of rich collections from several countries, each bringing both maps printed nearby and in foreign countries, makes Old Maps Online into the rich and invaluable resource it has become.

logo-memoryofthenetherlands

The digital portal Memory of the Netherlands contains now 132 collections from 84 institutions. You can search for these collections and institutions, or choose a preset theme. The theme Maps and atlases yields nearly 19,500 results. However, this filter has been programmed to include also topographical drawings. You can adjust the filters to include only maps which brings you to some 1,400 maps. If I choose for marine charts (365 items) you cannot search immediately for a specific location. In its current look it is more practical to look for a location in general and subsequently narrow your search to maps or charts. The portal gives access to an impressive total of nearly 800,000 items. Depending on your search question, either a general question which you want to explore or a more restricted one, you will encounter many interesting items. It is still possible to view the famous topographical collections such as the Atlas Schoemaker directly. This double use of the word atlas should serve as a reminder that even though digital materials might have been digitized with a view to historical research the sources themselves were not made with this intention. For the purpose of this blog post you should perhaps begin with the digitized atlases from the holdings of the Nationaal Scheepvaartmuseum in Amsterdam.

Mapping with a different mind-set

Artistic maps at the exhibition

Maps created by Judy Watson

The historical maps of Australia form a major part of the exhibition at Utrecht, yet the modern art works which either mirror old maps or reflect concepts of space and spatial representation attract rightfully your attention. In particular the work of Judy Watson invites you to rethink the role of maps, especially the names of locations. The Dutch and English deliberately gave their own names to Australian locations which of course had and have their own names given by the indigenous people of Australia.

Lawpoles at the AAMU, UtrechtApart from drawings and paintings there are also minor objects to be seen, such as beautifully carved shells, and some larger objects, a number of law poles. Interestingly, the law poles belong to the main collection of the AAMU. They are part of a series of contemporary art works which have helped setting the boundaries of land belonging to indigenous people. This theme was itself the focus point of an exhibition at the AAMU in 2010 about which I reported here briefly. I cannot help thinking now that these law poles are here very much museum objects instead of being elements of the present state of affairs in Australia regarding indigenous people. The past years a number of contemporary Australian art works has been shown around Australia in travelling exhibitions.

Place names of Australia - viedo installtion by Judy Watson

Any of my thoughts to be just looking at an art exhibition was dispelled when I spotted among the place names projected in a video installation by Judy Watson on a map of Australia Cape Grim and the Cape Grim Massacre. Watson’s point is not only recording such grim places as Cape Grim and Suicide Bay on Tasmania, but showing the sheer impact of a majority of English and Dutch names for Australian locations. The Dutch might not have occupied physically much Australian territory at any time, but giving locations a Dutch name was definitely done with to commerce and control. Van Diemen Land and Tasmania are not exceptional examples of lasting Dutch influence. I would like to mention here the online Companion to Tasmanian History, edited by Alison Alexander, Centre for Historical Studies, University of Tasmania, where you can pursue this approach and much more.

Reading the sources

Logo Wat Staat Daer

At the website of the Dirk Hartog Year you can find in the section Dirk’s Library information about his life and voyages for the Dutch East India Company, and not as you might expect books about him or even his personal library. I could not help inspecting the transcriptions of some of the historical records – including the tin dish from 1616 – and noticing gaps and misunderstandings. Instead of frowning upon this situation it is better to point to a brand new website about Early Modern Dutch palaeography, Wat Staat Daer? [What Is Stated There?]. Three archives in the province Noord-Brabant launched this website earlier this month. Even if it is not a tutorial it does give you not only a number of documents to decipher, but also a digitized version of a handy booklet by Willem Bogtman, Het Nederlandsche schrift in 1600 [Dutch Handwriting in 1600] (Amsterdam 1938; reprint 1973) showing you the variety of forms of letters in Dutch documents. Some users of Wat Staat Daer? point to an online tutorial for Early Modern Dutch palaeography of the University of Amsterdam. One user gives the link to a website for Dutch sixteenth-century palaeography using records of criminal justice at The Hague for a very short period, 1575 to 1579; in particular the reference section is very useful. Hopefully these websites help also all those investigating traces of Dutch history in locations from New York to Brazil and from South Africa to Sri Lanka and Indonesia or the global impact of the Dutch East India Company. The VOC Kenniscentrum and the Atlas of Mutual Heritage are among the virtual harbors where your research into the history of the Vereenigde Oostindische Compagnie can start. The municipal archive in Amsterdam has a special page about Dirk Hartogh, with a discussion also of the various spellings of his name.

For those wondering why I do not mention here the Digital Panopticon, a project combining data from the Proceedings of the Old Bailey Online 1674-1913, the Convict Transport Registers Database and the First Fleet to create a history of English and Australian people over the centuries, I did so here in an earlier post about the Digital Panopticon. This project is not only a showcase for digital humanities, it showcases also legal history in fascinating ways.

Among the many activities of the Dirk Hartog Year some of them are clearly connected to the events of 1616, its immediate impact and historical influence. The Western Australia Museum created a small but interesting online exhibition, 1616 – Dirk Hartogh. At the website of the Duyfken 1606 Replica you can find more information about important Dutch voyages to Australia in the seventeenth century. This autumn the replica of the Duyfken is sailing along Australia’s west coast in remembrance of Dirk Hartog’s journey. The Nationaal Archief gives an overview of other Dutch activities concerning “1616” in 2016 and 2017. The Dutch National Archives have produced a glossy magazine with the flawed title Boemerang. Nederland-Australië 400 jaar, which you can download as a PDF. I feared it was only available in Dutch, but luckily the website of the Dirk Hartog Year contains a link to the English version. The choice of subjects in this colourful magazine is really not narrow-minded. It would be one-sided to leave out here the websites of the National Archives of Australia and the National Library of Australia, but enough is enough. For me writing this contribution has been in some way a voyage of discovery, although I have collected over the years a selection of links to websites touching Australia’s legal history on my legal history website. Hopefully I can seduce you to look out for uncharted territories, to rethink the importance of historical and linguistic borders, and to get inspiration from artists who raise difficult questions about our own time.

Mapping Australia: Country to CartographyAboriginal Art Museum, Utrecht – October 4, 2016 to January 15, 2017

Digging up cold cases, a useful metaphor

The start of the Cold cases exhibit in Museum Flehite, AmersfoortA few weeks ago I visited an exhibition with a title which I had associated first of all with law and justice, Cold Cases Amersfoort at Museum Flehite in Amersfoort. Even its subtitle Oude skeletten, nieuwe ontdekkingen [Old skeletons, new discoveries] did not turn me away from making the short journey by train from Utrecht to the lovely small city of Amersfoort. The exhibition was certainly not exactly what I had in mind, but in fact the very difference between my expectations and the actual exhibition made me think. While walking in beautiful old Amersfoort and visiting two other historic locations it seemed these three locations each bring their own perspective. In a way this post is about some of the metaphors we often use almost without noticing them. In the light of a sunny Saturday afternoon they became visible again.

An archaeological approach
Logo Museum Flehite

Cold cases, these words worked for me like a trigger. You might associate it first with reconstructing and analyzing cases, but here archaeologists worked with some five hundred human skeletons, a reminder that however abstract analysis can become you meet here the physical remains of people who walked on the surface of the earth, just as we do now. These skeletons were found during the excavations of cemeteries on four locations, some of them attached to monasteries. Some excavations took place a few decades ago, but with new technical equipment the skeletons can now be studied in far greater depth than a generation ago. Think only about the way tiny fragments containing DNA can now be analysed in a way simply impossible twenty years ago. In this respect the title Cold cases is certainly aptly chosen.

Harm and violenceIn this exhibition you do not just have complete and incomplete skeletons. There is general information, there are showcases about individuals whose skeleton in some way can tell us vital information about their life. There is for example attention for the way you can determine gender and age, or detect traces of diseases. Some skeletons, in particular skulls, show the signs of accidents or violence, others are marked by the deadly effects of a disease. Syphilis came to Europe in the early sixteenth century, and its harmful presence is clearly visible once you know the tell-tale symptoms.

Reconstructing a girlPerhaps the most telling part of the exhibition is the room showing the reconstruction of the face of a young girl. She has received the nickname “The Girl with the Ear Clamp” because of the iron clamp used for head caps found in her grave. A lot of techniques and skills are necessary to reach the final result, a startling lifelike face. In order to bring especially young visitors closer to the work done to achieve such results part of the exhibition is a kind of study room with a laboratory. Every Wednesday an archaeologist can give you more explanations about the exhibition and the way archaeologists can now approach human remains. On other days a story-teller takes you back to late medieval Amersfoort, and on Sunday afternoons you can meet the challenge to reconstruct yourself a skeleton.

Food for thought

When I left a bit earlier than expected the exhibition at Museum Flehite I had enough time to visit two other historic locations. I went first to a museum housed in the remaining buildings of an Early Modern hospital, the Sint Pieters en Bloklandsgasthuis at the Westsingel. In fact it is the only still existing one of its kind in my country. The chapel built around 1500 and the men’s hall from 1536 have survived the centuries. On weekdays visitor can meet actors dressed as inhabitants who re-enact some inhabitants in the year 1907, just before the removal to new premises at Achter Davidshof. The choice to play out this situation with as its surroundings the situation of the nineteenth century might seem startling, but it would indeed be more difficult to stage people from the sixteenth century. The actors tell the visitors they do not yet know the new place and that they are excited and anxious about their new housing. Instead of telling in ample detail about their daily life, as indicated in an ordinance you can read in the main hall, they prefigure almost the way a historian approaches the past. You do not know what is around the corner of what someone will day or do in a few moments, unless a lifetime of patient attention, study and reflection over the years has taught you something fundamental about people living in particular times and circumstances.

My third visit on this afternoon in August was to the Mondriaanhuis, a museum documenting the life and works of the Dutch painter Piet Mondriaan (1872-1944), a pioneer of modern art, often associated with the De Stijl [The Style] group whose members favoured cubic forms and sparse use of colors. The museum is located in the very house where Mondrian was born. On the first floor there is a faithful reconstruction of his humble apartment and atelier on the attic of a Parisian house. Even the background noises and fragments of songs from the roaring twenties add to the atmosphere, as if the painter could walk in here any moment. Apart from documenting the life and works of Mondriaan this museum has also space for exhibitions that show his impact on contemporary art. To be honest, the Mondriaanhuis does have only a few works by Mondriaan himself in its holdings. I use the Dutch spelling Mondriaan on purpose!

Looking at the different approaches in these three museums is certainly interesting. At Museum Flehite there is much attention for the how of a reconstruction. At the old hospital there is a sharp contrast between the seemingly timeless space and the expectations of the last inhabitants about their new home. In the Mondriaanhuis the reconstruction of the attic in Paris evokes almost to perfection the surroundings of an artist in the world capital of art. Every approach has its values and shortcomings. I bring these museums together fully aware they cannot be compared completely at the same level, but any comparison goes faulty. We use metaphors from all kind of spheres of life together, often without noticing the funny effect of for example naval terms side by side with agricultural words.

Has archaeology any uses for legal historians? I was hoping this question would show up here sooner or later. When reviewing in my mind the three museums at Amersfoort I would say that any discipline can be important, either on its own or more as a kind of handmaiden in the role of an auxiliary science. At Bordeaux a symposium will be held on February 8-10, 2017 concerning the theme (Re)lecture archéologique de la justice en Europe médiévale et moderne, “An archaeological (re-)reading of justice in medieval and Early Modern Europe”. There will be three main sections, one focusing on justice and space, another on justice and the body, and the third on objects associated with justice. The way archaeological approaches and methods used more commonly by legal historians can interact with each other will be explicitly addressed. The deadline of the call for papers is September 15, 2016. If you think you can convince scholars to use with great benefit the ways archaeologists approach the past, or make inversely them aware of the particular and fruitful ways legal historians work, you are most welcome. Hopefully this post helps you to consider the role of archaeology for legal history, not to solve just one cold case, but to gain perspectives on cases that might be closer connected than you can see at the surface.

Cold cases. Oude skeletten, nieuwe ontdekkingenMuseum Flehite, Amersfoort – June 19 to September 25, 2016

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.