Tag Archives: Early Modern history

Finding Frisia’s culture and legal history

Screenprint website Leeuwarden 2018

Since many years the European Union gives every year two cities the title European Cultural Capital. Cities compete with elaborate bid-books to get this coveted title. In 2018 La Valletta, the capital of Malta, and Leeuwarden, the main city of the Dutch province Friesland (Frisia), share the honours. In this post I will look at Frisian culture and history. However varied the program of events, i would like to look at more enduring institutions and projects which bring Frisian culture and history to you. Legal history has its own place in this context.

A matter of languages, and much more

Logo Leeuwarden-Friesland Capital of Culture 2018

The most striking element of the portal Leeuwarden 2018 is the absence of Frisian as a language to view this commercial website. You can choose between Dutch, Frisian, English and German at another portal, Leeuwarden-Fryslân – European Capital of Culture 2018. Here, too, you will find a calendar of events, but their cultural dimensions are given more prominence. Among the cultural events the parade of three giants in Leeuwarden made a great visual impact. Events took place in many Frisian towns and villages, ranging from opera to a heroic solo swimming tour along eleven towns to raise money for the treatment of cancer. Building the community, mienskip, was a central theme.

Frisia’s legal history

It would be almost easy to foucs here on either medieval Frisian law, with remarkable texts such as the Lex Frisionum, late medieval regulations on water management or the Roman-Frisian law during the period of the Dutch Republic, Frisia’s own version of the Roman-Dutch law. Tresoar provides us also with an overview of sources at Alle Friezen (All Frisians), avaiable in Frisian, Dutch and English. The links section of Tresoar is most useful, You might want to look at other Frisian archives as well, easily found using the Fries Archiefnet. However, I have chosen an other subject within Frisia’s long legal history.

Start srcreen Tresoar with Viglius vn Aytta

Amidst all events for Leeuwarden 2018 you could easily miss the opening on October 19, 2018 of the exhibition at Tresoar, the Frisian archive and library in Leeuwarden, around a Frisian lawyer, and the uncovering of a statue in his honor by Herman van Rompuy.  Wigle van Aytta van Zuichem (1507-1577) latinized his first name to Viglius. He was born at the Barrahuis estate (stins) in Wirdum near Leeuwarden. His uncle Bernard Bucho was a councillor of the Hof van Holland in The Hague and saw to Vigilius’ education. As many students from the Low Countries Viglius started his studies in Leuven (Louvain) where he arrived in 1522, but a few years later he went further abroad. In 1526 he was at the university of Dôle. In 1529 he received his doctoral degree in Valence. He continued his travels to Bourges to become a student and assistant of Andrea Alciato. Soon his career started. In 1532 and 1533 he taught the Institutiones Iustiniani in Padua, in 1534 he became the official (ecclesiastical judge) for the bishop of Münster, in 1535 and 1536 he was at the Reichskammergericht in Speyer before teaching law at Ingolstadt between 1537 and 1541.

Painting of Viglius by Jacob de Punder - image Tresoar

Painting of Viglius van Aytta as chancellor of the Order of the Golden Fleece, 1564, by Jacob de Punder (1527-around 1570) – Leeuwarden, Fries Museum

His political career started at an amazingly high level in 1540 when he became a member of the Conseil Secret (Geheime Raad, Secret Council), one of the most important institutions in the Habsburgian Low Countries. In 1549 he became its president, first until 1569, and again from 1573 to 1575. Meanwhile he had joined in 1543 also the Groote Raad van Mechelen (Great Council of Malines), a very important high court for the Low Countries. He conducted the negotiations for Charles V for the Burgundian Treaty of 1548 which led to a more coherent status of the Low Countries in relation to the Holy Roman Empire. In 1554 he became the president of the Raad van State, the state council. At the abdication of Charles V in 1555 he wanted to step down from his functions, but king Philip II convinced him to stay with for example the promise to become abbot of the rich St. Bavon Abbey at Ghent. Viglius’ wife Jacqueline Damant had died in 1553,. In 1562 he had been ordained to the priesthood by Antoine Perrenot de Granvelle, the trusted councillor of Philipp II and at the height of his powers as recently appointed archbishop of Malines. By now it will not surprise you Viglius presided since 1563 as chancellor of the Order of the Golden Fleece. I could have chosen a more sober portrait of him painted by Frans Pourbus the Elder, now in the Louvre, but the painting at the Fries Museum in Leeuwarden is most telliing.

Legal historians can encounter him as a legal humanist. In 1534 Viglius published the editio princeps of the Greek paraphrase by Theophilus of the Institutes (Institouta Theophilou antikēnsōros) [Institutionum iuris civilis in Gracam linguam per Theophilum antecessorem olim traductae (…) (Basel: in officina Frobeniana, 1534: online, Vienna, Österreichische Nationalbibliothek)], followed by a Latin translation in 1536. Also in 1534 appeared his lectures on the Institutes held in Padua, Commentaria Viglii Zuichemii Phrysii in decem titulos Institutionum (…), published in Basel by Froben (online, Munich, Bayerische Staatsbibliothek). When you check the Universal Short Title Catalogue (USTC; University of St. Andrews) for early editions of works by Viglius you will find a notice about an edition Lyon 1533 held at Montauban, but the database of Lyon15-16. Bibliographie des éditions lyonnaises 1473-1600 makes clear this is probably an edition printed at Lyon in 1564. Only posthumously appeared a series of lectures held at Ingolstadt, Praelectiones in titulum pandectarum, de rebus creditis, et ad titulum codicis Justinianaei, de edicto divi Hadriani tollendo (Cologne: Gervinus Calenius and heirs of Johann Quentel, 1582; online, Universiteit Gent).

The USTC shows a number of pamphlets from 1543 by Viglius from the years on political matters. His Confutatio defensionis ducis Clivensis super jure ducatus Geldriae ac comitatus Zutphaniae (…) (Antwerp 1543), reprinted the same year as Serenissimae reginae Mariae contra ducem Clivensem justificatio also appeared in Dutch, De onschult der coninginnen vrou Marie regeerster der Erf Nederlanden tegen den hertoge van Cleve (…) (Antwerp 1543). Mary of Hungary, governor of the Low Countries, asked Viglius to act as her ambassador at Nuremberg and to speak up against the aggressive policies of duke William of Cleve who claimed the territory of the duchy Guelders (Gelre).

Finding out about Viglius

There is a considerable body of literature about Viglius life and works. The two volumes of the biography by Folkert Postma stand out, Viglius van Aytta als humanist en diplomaat 1507-1549, (Zutphen 1983) and Viglius van Aytta. De jaren met Granvelle 1549-1564 (Zutphen 2000). Not all of Viglius’ writings were published in the sixteenth century. At the multilingual portal site Dutch Revolt only the Dutch version has a section with numerous biographies, the one for Viglius mentions a number of relevant titles. The long article on Viglius by Postma in the Nationaal Biografisch Woordenboek is available online, too, but alas this, too, is in Dutch [NBW VIII (1979), col. 837-855]. The Royal Dutch Academy of Sciences has created a bio-bibliographical lexicon of Dutch humanists between 1500 and 1700, but this resource, too, is only accessible in Dutch, as is the one for Viglius by Toon van Houdt. He notes for example an earlier pamphlet by Viglius dealing with the Cleve-Guelders controversy, Assertio ivris imperatoris Caroli hvivs nominis Quinti, in Geldrię ducatu, & Zutphaniæ comitatu (…) (Antwerp 1541; online, Universiteit Gent). Some works have received attentions only in the last decades. Regina Sprenger wrote about Viglius’ notes about his work as a judge (Assessor) at the Reichskammergericht, Viglius van Aytta und seine Notizen über Beratungen am Reichkammergericht (1535-1537) (Nijmegen 1988). This Protokollbuch is kept at Brussels, Koninklijke Bibliotheek, ms. Van der Gheyn, nos. 2837 to 2840. Paul Nève and Regina Sprenger have published together articles about his time in Speyer. Joost Pikkemaat has studied the lectures held at Ingolstadt [Viglius van Aytta als hoogleraar te Ingolstadt (Nijmegen 2009)]. Earlier he wrote for example about Viglius’ inaugural lecture at Ingoldstad [‘De inaugurale rede van Viglius van Aytta aan de universiteit van Ingolstadt’, in: Van oud en nieuw recht : handelingen van het XVde Belgisch-Nederlands rechtshistorisch congres, Dirk Heirbaut and Daniël Lambrecht (eds.) (Ghent 1998) 53-65]. There is a brief biographical article in English on Viglius by Michael Erbe in Contemporaries of Erasmus: A Biographical Register of the Renaissance and Reformation, P.G. Bietenholz and T.B. Deutscher (eds.) (3 vol., Toronto 1985-1987; reprint 2003) III, 393-395, where Viglius’ position in the network around Erasmus is concisely charted.

Viglius is remarkable also for his historical work and an autobiography. He collected maps and he acted as the first librarian of the royal library in Brussels. A number of his letters, too, were published. You can consult four original letters sent to Viglius in the image library of the Vrije Universiteit Amsterdam. The Kalliope guide for manuscripts and personal papers in Germany alerts to some letters and to 23 volumes at Göttingen, and to a volume with letters in Giessen. In Paris the BnF has among its archives et manuscrits a volume of the Manuscripta Zwichemiana (Nouv. acq. fr. 6168) and some letters from king Philip (Mélanges Colbert 409, VII, no. 817). If you search for Viglius at the Dutch archives portal you will find in particular in Leeuwarden and Utrecht archival records. When you use the Archives Portal Europe you will find even more. At Mémoire vive, the digital portal of the city Besançon you can find materials concerning Viglius within the Collection Granvelle. For those with access to the licensed Picarta resources, for instance via the Dutch Royal Library, you will find more letters in the Nederlandse Centrale Catalogus, and you will wonder why only two letters are listed in another Picarta resource, the Catalogus epistularum neerlandicarum, a database for finding Early Modern letters in a number of Dutch public collections. The two volumes of Postma will help you to trace even more.

It is entirely fitting a former president of the European Commission was asked to uncover the statue of Viglius at Leeuwarden. His published works were often reprinted during his life and some of them even afterwards. His letters and manuscripts ended in major libraries after periods in the hands of many scholars and collectors who appreciated Viglius’ contacts with celebrated humanists. Important archival records can be found in Brussels, Vienna and Simancas. Viglius’ life shows eminently how a an able man seemingly from a far-away corner of Europe could come close to the very nexus rerum of his time. Although he clearly felt much at home in Ghent he never forgot his Frisian roots. In this sense Leeuwarden can indeed claim to be a European capital. Once upon a time studies about Viglius were colored by nationalism and religious positions. If we see him now more as a true European with strong ties to his origin, this might teach us a lesson for our century. At some turns legal historians might have deplored his early goodbye to legal humanism, but it is more sensible to respect his efforts to steer clear of many problems in the middle of Europe’s political turmoil of his time which led to revolt and civil war in the Low Countries and many other parts of Europe.




Early Modern celebrations and legal iconography

Header Early Modern Festival Books, University of Oxford

Sometimes history is almost literally on parade. Events can be an occasion for festivities, and even stronger, an event can be organized as a feast. The signing of peace treaties is celebrated, as are the ascension to the thrones of monarchs and popes, their entries to cities, marriages and funerals. Historians search for eyewitness accounts to find out what actually happened, but there is attention, too, for the image rulers and other authorities wanted to convey, in particular views of law and order, justice and policies. The generic term for books published for such occasions is festival books. Their often lavish illustrations make them into a most interesting resource in the field of legal iconography. The very term festival books has somewhat misled me to view them only as a source for the history of art and culture. In this post I will look at some resources to approach festival books, and of course some of them are discussed in some detail. A number of festival books are no longer than a pamphlet, a genre which significance for legal history comes increasingly into view on my blog.

Representations of power

Earlier this year I could take over a copy of a study by Ria van Bragt, De Blijde Inkomst van de hertogen van Brabant Johanna en Wenceslas (3 januari 1356) [The Joyeuse Entrée of Joanna and Wenceslas as dukes of Brabant] (Louvain 1956; Standen en Landen/Anciens Pays et Assemblées d’États, 13). This study deals with a charter granted to the States of the duchy of Brabant on the occasion of the Joyeuse Entrée, a document containing promises about the way the duke and duchess would rule. The charter became an example for later similar charters elsewhere, for example the 1375 Landbrief consented by Arnold van Horne, bishop of Utrecht. Such documents are primary sources for the political and institutional history of the medieval Low Countries, but the actual surroundings of both occasions remain largely hidden. In this contribution I will look at printed sources, but I am sure archival records exist for medieval entries and accompanying festivities, too.

Header Renaissance Festival Books, British Library

For years one the main online resources for Early Modern festival books was the digital collection Renaissance Festival Books of the British Library, created in cooperation with the University of Warwick. The British Library digitized 253 books from their holdings with more than two thousand festival books. The concise introduction to the collection focuses on the mixture of art history and political history offered by festival books, and the reference section points to a number of major studies and to two bibliographies. On the opening page of the collection you will find a list of subjects which can be associated with this genre. In the links section nine other collections are mentioned, and we will see a number of them in this post. You can also read a number of articles written by experts in the field of festival books.

The Early Modern Festival Books Database has been created in 2011 at Oxford as an updated and expanded version of Festivals and Ceremonies. A Bibliography of Works Relating to Court, Civic and Religious Festivals in Europe 1500-1800, edited by Helen Watanabe-O’Kelly and Anne Simon (London 2000), rekindled my interest in festival books. The original bibliography described books in the collections of the British Library, the Victoria and Albert Museum, the Bibliothèque de l’Arsenal – administrated by the Bibliothèque nationale de France (BnF) – and the Herzog August Bibliothek in Wolfenbüttel. In the database a fifth collection has been added with books held by the Bayerische Staatsbibliothek in Munich. The menu of the database provides five ways to search for these festival books, 3000 items in twelve languages. You can search directly for particular works, proceed from the artists or places involved, the kind of event or the kind of festival elements, and for participants. Thus it is possible to search for events with everything from cannonades, horse ballets and orations to jousts, tableaux or water processions. The participants are seen as persons involved as key figures with particular festivities. When digital versions of books exist their URL is indicated.

For me it is a fairly obvious matter to establish whether you can easily find all relevant digitized copies of a particular collection. However, the advanced search mode of the online bibliography with fourteen search fields does not contain a field for collection. The Victoria and Albert Museum has no longer information on its Piot Collection, neither does the website of the National Art Library housed in the V & A. The BnF offers a good introduction to the Collection Auiguste Rondel of the Bibliothèque de l’Arsenal. The Herzog August Bibliothek has a subdomain for Festkultur Online with 314 digitized books which can be searched thematically with Iconclass. At the website of the Bayerische Staatsbibliothek I could not find a page about its festival books

Logo Society for European Festivals ResearchIt is only natural to pursue this path for the other relevant collections mentioned at Renaissance Festival Books, a list repeated at the website of the Society for European Festivals Research of the University of Warwick. The Getty Institute in Malibu, CA, has a good introduction, and this institution has created a subset in its digital collections for 1,300 digitized festival books. The New York Public Library has a very brief page about the Spencer Collection without any indication of the festival books. The Staatliche Kunstsammlungen Dresden offer no information for our subject, but you can search for festival books in their digital collection. The 102 digitized festival books in the library of The Warburg Institute in London are at the current version of the website only hinted at under the header cultural history. However, they can be found as a preset selection in the digital collections of the Senate House Libraries of the University of London; entering “Warburg Institute digital copy Festivals” in the keyword field will do the trick.

The crowning of emporer Charles V in Bologna, 1530

The pope and the emperor in the 1530 processsion after the coronation

Pope Clement VII and Charles V in procession at Bologna, 1530, February 24 – Nicolaus Hogenberg, ca. 1535-1539 – The Getty Institute, Malibu, CA, (CMalG) no. 1366-954 (detail of print 27, resized)

By chance The Getty Institute shows at its page about festival books an image showing the procession in Bologna in 1530 around the coronation of Charles V as emperor of the Holy Roman Empire from a printed scroll by Nicolaus Hogenberg, published between around 1535-1539. Print 27 of this lavishly illustrated scroll shows the pope and the emperor, both wearing their crowns and riding on horseback under a beautiful canopy. If you think I indulge here in art history I would like to remind you of the study on the thought of medieval Italian lawyers about the crowning of emperors by Marco Cavina, Imperator triplici corona coronatur. Studi sull’incoronazione imperiale nella scienza giuridica italiana fra Tre e Cinquecento (Milan 1991). The emperor’s coronation in Bologna in 1530 was the last of its kind, and it was certainly not in all aspects similar to other coronations, if only already for its very location. Surely visual display was an important element of Charles’ coronation. The pope and the emperor had stayed for months in Bologna, but only after prolonged consultations it was finally decided to celebrate the coronation in this city.

Logo Heritage of the Printed Book database

While searching for more collections of festival books and if possible also digital versions I found an online bibliography created at the McGill University, Montreal, Theatrical space as a model for architecture. Here the focus is on temporary buildings and their relation with theatre. A focus on a single town and one singular princely court can be found at the website Mantova Capitale Europea dello Spettacolo with an Italian and English interface. The database of the Archivio Herla contains some 12,000 documents documenting theatrical spectacles during the long reign of the Gonzaga family (1480-1630), to be seen in connection with three other database at the portal Banche dati Gonzaga. It is seducing to pursue a quest for more websites and resources, but let’s least not forget the German project Welt und Wissen auf der Bühne. Theatrum-Literature der Frühen Neuzeit, the subject of an earlier post here. In the Early Modern world there was definitely an awareness of the theatrical side of life and printed publications about many subjects. For any research in the field of Early Modern printed books the Heritage of the Printed Book Database of the Consortium of European Research Libraries (CERL) can help you very much. It will help you for example in checking for the presence and absence of relevant works in the Oxford festival books database. Apart from the digital collections with festival books mentioned at the project websites under discussion I can at least add one specific digital collection created at the Beinecke Library of Yale University, Celebrating Italian Festivals, with 231 works.

Which texts and prints around the coronation of emperor Charles V in 1530 figure in Early Modern Festivals? The database mentions some twenty works, a number of them not dated. The Hogenberg scroll figures as no. 696, dated in 1532 with The Hague as printing location. The records points to a digital version of it in the British Library (signature 603.I.16), one of four copies in this library. This copy has not been colored, and like the copy at The Getty Institute it has no title page. For me it is interesting to notice also verses by the famous Neolatin poet Janus Secundus (1511-1536), a son of Nicolaus Everardi (around 1462-1532), president of the Hof van Holland (1516-1528) and the Grote Raad van Mechelen (Great Council of Malines) (1528-1532). I checked for this work also in the digital collection Renaissance Festival Books of the British Library, and a second copy in this library has been digitized, too (sign. 144.g.3 (1.)). The BL’s digital collection has 1529 as date of the coronation. Exceptionally the poem has been used as the identifying title, starting with the words Gratae et laboribus aequae posteritati. I was intrigued by the different versions of this remarkable print, and therefore it was only natural to check the catalogues of the other four libraries of the Oxford project. The Herzog August Bibliothek has a damaged copy (sign. 31.3.1 Geom. 2°). It is the only copy with this title in the HPB database. The Universal Short Title Catalogue (USTC) has two entries for the same edition. The first entry mentions the copies of the BL, the second entry has been created for a copy in Oxford, Bodleian Library, Douce Prints b.31, both dated in 1532. The COPAC entry rightly shows a question mark behind this date. Henricus Hondius can only be associated with later editions.

Canonists in the 1530 procession

“Unnumerable canonists and legists”, plate 66 – Nicolaas Hogenberg, 1530-1536 – Amsterdam, Rijksmuseum, object RP-P-OB-78.624-30 [Frederik Muller, Nederlandsche historieprenten, no. 377-d/29]

To cut a long story short, this print can also be found in the holdings of museums such as the Rijksmuseum in Amsterdam. Its catalogue contains references to the catalogues of historiated prints which document the various states and later use of the original plates. There are versions with and without blazons above the pageant. The lack of a title and the possibility to approach this work both as a book and as a print show nicely the difficulties you encounter when studying festival books. Book historians and art historians study them with their own approach and methods, and the way such prints are catalogued differs, too. Apart from the different versions you will have to be alert for individual copies and their aspects. In this case it should be no surprise that the Karlsruher Virtuelle Katalog can add only few copies, Berlin, Staatliche Museen, Kupferstichkabinett and Pesaro, Biblioteca Oliveriana. When you check the library catalog for Pesaro and Urbino you will see it is an edition from 1582.

The Early Modern Festival Books bibliography and online database should be seen as one tool among others. I think I showed here one of the most remarkable but perhaps not totally representative examples which however also show some of the problems you might encounter when dealing with festival books. The database helps you to compare many aspects of books concerning major events and festive occasions, but it is asking too much to view it as a catalogue of existing copies of a particular work, sometimes even for the participating libraries. As legal historians we might prefer to stick to sources concerning the legal side of events such as the double coronation of Charles V. Marco Cavina’s study is by all means most helpful to look at doctrinal matters concerning imperial coronations from the thirteenth century onwards. Exploring visual resources can remind us how very much alive people and surroundings of such events were. Such events made indeed a graphic impact.

Guidance to Early Modern legal procedure in the Dutch Republic

Cover "Procesgids Hof van Utrecht"Finding your way as a party or an advocate in trials in Early Modern Europe could be a daunting task. In our century some legal historians consider it important to offer some guidance to the way old courts worked. The Society for the History of Old Dutch Law has created a series called Procesgidsen with already nine volumes since 2000. This month appeared a guide written by J.M. Milo and E.G.D. van Dongen for the former provincial court of Utrecht [Procesgids Hof van Utrecht. Hoofdlijnen van het procederen in civiele zaken (Hilversum 2018; Procesgidsen, 10)]. A book presentation was held on June 8, 2018 in the inner city of Utrecht at the former building of this court, now one of the locations of Het Utrechts Archief. This post looks at the book presentation and of course at the new guide itself.

Ten guides

The former court of justice at Utrecht

Kaj van Vliet (Het Utrechts Archief) opened the session with a quick history of the historical premises of the old court. The Court of Utrecht was founded in 1530. At first its seat was close to the Habsburgian fortress Vredenburg (“Castle of Peace”). When the Dutch had freed themselves from the Spaniards, and after the demolition of the Vredenburg castle in 1579 the close association with the Spanish powers and authorities was no longer necessary or sensible. In 1580 the Reformation definitely took over in Utrecht. The court could move into the buildings of the former Benedictine St. Paul’s abbey. In the nineteenth century city architect Christiaan Kramm devised the facade still seen today. I show a part of the facade in the very banner of my blog. In the late twentieth century the rechtbank in Utrecht had to deal with a kind of diaspora with at least fifteen buildings. Some fifteen years ago a new building finally solved problems of space and coordination. I showed this building in my post on Lady Justice’s square.

Paul Brood (Nationaal Archief, The Hague), the editor of the guide series, invited us to imagine the fragmentation of the Dutch Republic which becomes very visible when you think of the different territories you will cross when travelling from the north, let’s say Groningen, to Holland, You had to face different jurisdictions, too. Brood underlined the way Marijke van de Vrugt wrote a draft for the Utrecht guide. At least two other guides are being prepared for the Society for the Study of Old Dutch law; these, too, will be published by Verloren. Emanuel van Dongen (Law School, Utrecht University) looked at one of the cases used in the guide to show the proceedings of the court. This case involved a charge of rape against lawyer and history professor Pieter Burman (1668-1741) in the early eighteenth century. The case kindled great interest among contemporary pamphleteers. Milo and Van Dongen had already discussed this case in their article ‘Echte mannen, woorden en daden. Eer en schuld voor het Hof van Utrecht in de achttiende eeuw’ [Real men, words and actions. Honour and guilt at the Court of Utrecht in the eighteenth century], Pro Memorie 19/2 (2017) 160-175. Kees van Schaik, a retired barrister who has mastered in three decades as few others the archival records of the Court of Utrecht (Het Utrechts Archief, finding aid no. 239-1, Hof van Utrecht, 1530-1811), looked at a sixteenth-century case involving a lease of land by a farmer who had signed on purpose a very favorable contract which gave him space to escaping even these conditions.

Philip Langbroek, professor of justice administration and judicial organisation at Utrecht University, mused about the legitimation of Early Modern lawyers and their impact on law and justice. Did the overlap between the judicial elite and other elites damage the actual proceedings? This question is interesting, but Langbroek did not attempt to look at actual Early Modern cases, nor did he focus on the nomination of judges and lawyers admitted to the bar. J.O. Zuurmond, a judge at the current Rechtbank Midden-Nederland, put the proceedings of the second eighteenth-century case discussed in the guide – concerning an obligation to pay goods – into the current way such cases are dealt with now by Dutch courts under new regulations for civil procedure. The role of written documents will diminish radically. Finally, Michael Milo gave the first copy of the guide to E. Messer, vice-president of the Rechtbank Midden-Ned4erland

A new guide to the old Court of Utrecht

The volumes in the series Procesgidsen follow an established pattern of an introduction to the history of courts and the applicable laws, chapters about the jurisdiction, the judges and staff, the way proceedings in cases run according to the stilus curiae, the instructions and ordinances for court proceedings; a chapter or chapters showing one or more cases, sometimes also with an appeal procedure, and a guide to archival records and a concluding bibliography. The guides are mostly restricted to civil procedure. In this guide attention to archival records is shown by the effective use of images of procedural documents, but there is little guidance to the actual use of the records for the Early Modern court of Utrecht. However, all core elements of the series figure in this book, and the good use of photographs of legal documents is surely an asset, to be repeated in the upcoming volumes. Key passages of these documents have been translated which inter alia gives you an opening to Dutch palaeography in the way I lately discussed here.

Until recently researchers dealing with the former Court of Utrecht could benefit in particular from a book by Willem van der Muelen, Ordonnantie ende instructie op de stijl ende maniere van procederen, voor den hove van Utrecht, zoo in civile als crimineele zaken (…) (2 vol., Utrecht 1706-1707; online). He published a similar work for the city court, Costumen, usantien, policien ende styl van procederen der stadt, jurisdictie ende vryheid van Utrecht (…) (Utrecht 1709; online, Hathi Trust Digital Library). The title Costumen, usantien, policien ende stijl van procederen, to be translated as “Customary law, policy and procedural ordinance”, was used since the late sixteenth-century for similar works. The library of Het Utrechts Archief is home to a number of copies of these editions.

Sometimes a book or article can help you to overcome justifiable doubts about the feasibility of archival research into Early Modern courts. The series of books with essays on medieval ecclesiastical courts, edited by Charles Donahue Jr., did even more by inviting you to compare courts. The Dutch series Procesgidsen helps you to get quicker to the themes and subjects you want to study, and they help you to put these courts into perspective.

Deciphering texts and Dutch legal history

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

The challenge of Dutch handwriting

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

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

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

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

Hamel's journal in the 1920 edition

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

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

Title page of Hamel's journal, Rotterdam 1668

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

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

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

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

Other roads to quick insight

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

Header Remdoc - KNAW/RU

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

Document of a loan, 1653

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

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

The due bill, 1653

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

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

Learning by doing

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

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

Banner Haagse Handschriften

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

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

A German gateway to applied Early Modern sciences

Start screen Fachtexte (detail)There is a great difference between articles and monographs presenting the latest thought and results of new experiments on one end of the scientific world, and at the other end popularised science in cheap books and leaflets. A blog offers both the possibility to publish early results of new research or to bring synthesized contributions aiming at a wide public. Legal historians can feel the seduction to look only at the developments which in our eyes brought decisive changes, but discontinuity and continuities are all parts of one world. Faithful readers will no doubt know about my interest in digitized pamphlets. Legal pocket books have appeared here, too. In this post I will look at a genre which in my view stands nicely between both poles of attraction. The German portal Fachtexte offers scientific text books from the Early Modern period which aimed at presenting practical knowledge for several disciplines. The project is an offspring of the Kallimachos portal for digital humanities of the department for German linguistics at the university of Würzburg. Legal works are included in this project. The very word Fachtexte cries out for an English equivalent, yet another reason besides the linguistic approach to look at this initiative from Würzburg.

For anyone wondering how I encountered this project I must give you a very simple answer. It is not the first time that I found a notice about an interesting project at the Archivalia blog of Klaus Graf (RWTH, Aachen). On many occasions Graf adds some remarks about a project, often concerning open access, easy or cumbersome navigation and durability of links. Sometimes guest posts appear, too, but the majority of posts stems from this most active archivist.

The attraction of variety

Wordle at FachtexteThere is a third factor making a tour of the Fachtexte project interesting. On the start screen of the German website you will find at the right a wordle with the disciplines represented in the digital collection. The dimensions of a discipline are equal to its numeric presence. Law and jurisprudence loom large here, but they are accompanied by other disciplines. A second thing to note immediately is that this project does not primarily or only touch technical matters, dictionaries and handbooks.

In order to establish a correct English translation of the concept Fachtexte we might as well look at some of the other disciplines. Rhetorik und Formularbücher remind us of the role of rhetorics and formularies in law. With Bergbau und Metallurgie you will encounter mining law. Wirtschaft und Handel, economy and trade are not far away from legal theory and legal business. In the title of this blog I opt for applied sciences as a valid way to render faithfully the scientific discipline behind the texts under discussion. In German and Dutch you have the words Fachliteratur and vakliteratuur, literature for a particular discipline. Only the Dutch German and Lithuanian version of Wikipedia have an entry about this genre.

Legal books for daily business

Logo Fachtexte, Würzburg

Let’s not wait too longer before proceeding to legal books! You can click on Jurisprudenz in the wordle or choose this subject in a more regular list of the Sachbereiche. In this list of subject fields law and jurisprudence are the fifth discipline with 363 digitized items. Medicine scores almost one thousand items, nearly a quarter of the 4,200 digitized items. Apart from the general search field on top of the screen there is also a search page Werke (works) where you can browse alphabetically or in chronological order for works. On a similar page for authors you can search for them, and search also author biographies. The page Datenbankabfrage (database search) gives you a number of search fields and clickable preset filters. You can perform here quickly searches for digitized items from a particular century, printing location or providing institution. The Bayerische Staatsbibliothek, Munich and the Staats- und Landesbibliothek Dresden provide respectively 883 and 824 items, a third part of all items. The project in Würzburg offers no items from its own university library. Using this search mask you get not only particular results, but also a nice visual representation of related information.

For the sixteenth century you will find nearly 1,100 items and for the seventeenth century 2,900 items. I wondered a bit about the presence of medieval items, but the Fachtexte project does indeed also include some digitized manuscripts. In two cases you will be directed to a text-only version of a text in the colorful and multilingual Bibliotheca Augustana of Ulrich Harsch in Augsburg. In other cases the German Wikisource provides online versions of texts.

The earliest legal text in the Fachtexte project is perhaps surprisingly the Sachsenspiegel (“Mirror of Saxony”), the thirteenth-century treatise about Saxon law by Eike von Repgow. My surprise is the fact this text certainly contains more a description of law than legislation or doctrine, yet it received the honor of several (!) series of glosses. The Monumenta Germaniae Historica in Munich published in recent years editions by Frank-Michael Kaufmann of the “Buch’se Glosse”, the gloss created by Johann von Buch, for the Landrecht (2002) and the Lehnrecht (2006), and also the Kürzere Glosse (2009) and the Längere Glosse (2013). There is even an accompanying glossary [Glossar zum Buch’sen Glosse (3 vol., 2015)]. In 2014 appeared Maike Huneke’s book on Iurisprudentia romana-saxonica. Die Glosse zum Sachsenspiegel-Lehnrecht und die Anfänge deutscher Rechtswissenschaft (Wiesbaden 2014; MGH Schriften, 68). Huneke argued this gloss is the first scientific product of lawyers of Saxony concerning the law of their own region. Earlier Bernd Kannowski had already underlined in his study Die Umgestaltung des Sachsenspiegelrechts durch die Buch‘sche Glosse (Wiesbaden 2007; MGH Schriften, 56) the way the glosses change the nature of this work radically. It seems the team at Würzburg finds the closeness to regional law of the Sachsenspiegel – and also of the Schwabenspiegel for Swabia – a sign of closeness to legal practice. The Schwabenspiegel has been fitted into several categories.

For the Fachtexte portal other late medieval Landrechte, regional law books, and Stadtrechte, municipal law books, have also been included in the legal section. For the fifteenth century there is for example a German version of the infamous Malleus maleficarum, the seminal work about supposed witches, Von den Unholden oder hexen (1489), and an imperial ordinance on the quality of wines (Ordnung unnd satzung über weynne, 1498). When you click on the link for the latter text you will see indeed two categories in the meta-data for this incunabula edition. The last incunabula edition of a legal text is most interesting, a book by Johannes Sleidanus about Plato’s view of (city) government, Eine kurtze summa oder Jnhalt der Platonischen Lere (1500).

Among the legal books from the sixteenth century is a great diversity of ordinances, books on feudal law and other treatises. it might be worthwhile to look here at some books that fit into more than one category. There is a Rhetorik vnd Teutsch Formular In allen Gerichts Händlen by Ludwig Fruck from 1530 dealing with rhetorical devices and legal formulas for all kind of actions in courts. An earlier edition of this book with the title Teütsch Formular, wie mann in Gerichts-Sachen Brieffe unnd Instrument stellen mag (1529) definitively should have been listed also under jurisprudence. Having easy access at Fachtexte to a list with works on rhetoric makes it possible to check for such matters. With Johann Haselberg’s Der Vrspruncg gemeynner Berckrecht (1535) we encounter a very early treatise on mining law.

Comparing categories of Fachtexte is a fruitful exercise. It leads also to some results which need further investigation or seem open to criticism. The group of legal books shows for 1552 a Kirchenordnung (ecclesiastical ordinance) by duke Johann Albrecht I of Mecklenburg tagged for both law and theology. A quick check in the theological corner shows a 1543 edition of a work by Andreas Osiander, Kirchenordnung. Wie es mit der Christlichen Lehre, heyligen Sakramenten und allerley andern Ceremonien (…). I will refrain from delving here into major publications by leading theologians in the German Reformation, but I am sure that Osiander’s work, first published in 1533, was adopted by the princes of several German regions. In a number of cases official publications such as city law books are listed at Fachtexte as works without an author, but an indication they were issued by on behalf of a particular authority is no luxury.

Legal practice in Early Modern Germany

With a book by Heinrich Knaust with a very particular title, Fewrzeugk gerichtlicher Hendel und Ordnung (Erfurt 1558) we finally see the kind of book I would expect here, a treatise aiming to distill information from medieval works by authors such as Henricus de Segusio (Hostiensis) (around 1200-1271), Johannes Andreae (around 1270-1348) and Nicolaus de Tudeschis (Panormitanus) (1386-1445) which he mentions in the long title of his work. The very first word of the title, Fewrzeugk or Fewerzeugk is intriguing. At the German dictionary portal Wörterbuchnetz it is explained under Feuerzeug, meaning a flintstone. In a recent study by Piotr Witmann, «Der da sein Practic auß Teutschen Tractaten will lernen». Rechtspraktiker in deutschsprachiger Praktikerliteratur des 16. Jahrhunderts (Frankfurt am Main, etc., 2015; Rechtshistorische Reihe, 458) Knaust and other sixteenth-century authors of practical legal works are discussed. Knaust appears in this section with more works aimed at legal practicioners. I could not help spotting that the digitized copy at Munich is part of the collection with the abbreviated siglum J. pract., “Jus practicum”.

Titlepage Kriehsbuch by Leonhard Frosnsperger, 1571 - image BSB, Munich

A different combination of categories is found in a work by Leonhard Fronsberger, his Kriegßbuch, present at Fachtexte with editions from 1571m 1573, 1578. Only the last edition is apart from the label Militär und Kampfkunst [Military and martial arts] labeled as a legal work. If you browse the edition 1571 you will see for yourself that the title starts emphatically with Vom kayserlichem Kriegsrechten. The first part of his work is concerned with legal matters, the organization of fighting units, military law and the authority of officers. I will not trouble you here with the question of correct labelling, but it is a matter of some concern indeed. Among the best known books for legal practitioners are the manuals for inquisitors and witch hunters. You will find here a number of them here, and also a translation of Jean Bodin’s De la demonomanie des sorciers (first edition, Paris 1580) into German by Johann Fischart, published in 1581 as De Daemonomania magorum : Vom Außgelassnen Wütigen Teuffelsheer der BesessenenHere it has been overlooked that this 1581 edition already mentions Fischart as translator, and not only in the 1591 edition. It seems that some basic matters have not always been correctly recorded. However, the inclusion of multiple editions helps to correct such infelicities.

It is tempting to show your more interesting books, but I would like you to find them yourself. I could not resist mentioning the Newe Bauordnung des Fürstenthumbs Würtemberg, a building ordinance issued in 1587 by the duke of Württemberg. It contains a number of articles you would expect in late nineteenth-century legislation to control building companies. The famous Reinheitsgebot, a Bavarian ordinance from 1516 on beer brewing, is not included in the section Weinbau und Bierbrauerei. However, you will encounter ordinances for apothecaries, for architects, forest ordinances, a treatise discussing the legal or illegal nature of alchemy, ordinances for millers and much more. I leave it to you to discover here works from the seventeenth century, where you will surely find results as interesting as those selected here from the sixteenth century.

Some conclusions

It is brave to attempt select works for more than thirty different disciplines, be they close to the medieval artes mechanicae or to modern occupational manuals, or closer to popular versions of standard works for fields such as law, medicine, theology and mathematics. One of the strengths of the Fachtexte portal is the combination of categories which helps you to look beyond the normal borders of a particular discipline. Widening your horizons is not a bad quality for any project!

Fachtexte is part of a far more encompassing project in Würzburg, Kallimachos, which takes its name from one of the librarians of the ancient library of Alexandria. It brings together a number of linguistic projects, but also for example a project to study school plates, Schulwandbilder. It will be interesting to look into that project for legal iconography. However, I am happy to present here this project concerning applied sciences, because mirabile dictu you cannot find the Fachtexte project with the search function at the Kallimachos platform. One of the lessons in this post is the need to accept – once again, with relief or more neutral! – the fact you cannot find everything yourself. We should be thankful to those people who surf the oceans of online knowledge and share their discoveries as regularly as Klaus Graf!

Guillaume Budé, a (legal) humanist

Image folder congress May 2018How did the interest in the history of Roman law start in Early Modern Europe? In the Middle Ages scholars who got access to the famous Codex Florentinus, a sixth-century manuscript with the text of Justinian’s Digest, for centuries hold at Pisa, did notice the Greek elements. We call the scholars who started to study Classical Antiquity and literature in its full depth and width humanists. The Renaissance in Italy spread quickly to other parts of Europe. In France Guillaume Budé (1468-1540) quickly became one of the foremost humanists. From May 3 to 5, 2018 an international congress will be held in Paris with the glorious title Les Noces de Philologie et de Guillaume Budé. L’œuvre de Guillaume Budé au prisme du savoir humaniste cinq siècles et demi après sa naissance. How did philology and Budé come together? In this post I will look at this upcoming scholarly event, and at Budé and his heritage.

A versatile scholar

The sections of the congress in May 2018 will look at different themes. The first section focuses on Budé’s mastery of Greek and his contributions as a Hellenist. In the second section scholars will discuss how Budé read not only works by Classical authors, but also by his contemporaries. Legal humanism and politics are the central theme of the third section. Budé as an author and especially the creator of dictionaries comes into focus in the following section. The fifth section is devoted to a single book, De assethe model monograph of Budé about Roman coins and much more. A section concerning the reception of his works and Budé’s afterlife and reputation will close the congress.

In the section on legal humanism scholars will tackle various subjects and questions. Patrick Arabeyre will discuss to what extent more traditional lawyers in the first half of the sixteenth century were influenced by legal humanists and their books in their own works. In a way this is a paper about the importance of the mos gallicus, the nickname for the new approach to law associated with French humanists. It is good to keep in mind that some Italian lawyers, in particular Andrea Alciato, taught also in France. The Annotationes in XXIV libros Pandectarum and the traces of Budé’s developing views are the subject of a paper by Jean Céard. Decades ago Douglas Osler already fulminated against those scholars who without any reflection took any nearby copy of this work as their only source, see his articles ‘Budeaus and Roman law’, Ius Commune 13 (1985) 195-212, and ‘Turning the title page’, Rechtshistorisches Journal 6 (1987) 173-182. Michel-Dominique Couzinet will look at philosophy and history in the Institution d’un prince, his only work in French. Guillaume Budé and Thomas More’s Utopia are the theme of a paper by Michel Magnien. This section just happens to be the only one with exclusively French speakers.

Portrait of Budé by Jean Clouet

Portrait of Guillaume Budé by Jean Clouet (died 1540) – painting, Metropolitan Museum of Art, New York – image Wikimedia Commons

A quick look at Budé – or Budaeus, the latinized form of his name – learns you that he was indeed a towering figure. He translated Plutarch from the Greek. His Commentarii linguae Graecae led the foundation for Estienne’s Thesaurus linguae Graecae, the first major Greek dictionary. Budé was a secretary of king Louis XII, and was later close to François I for whom he created a library at Fontainebleau with a collection of Greek manuscripts that would later become the core of the modern Bibliothèque nationale de France. In 1530 he was one of the founders of the Collège de France, first named Collège Royal. As a royal officer Budé was chosen in 1522 to serve a year as prevôt des marchands in Paris, a function in which he had to deal with commerce in Paris and the powerful Parisian merchants. His study of Roman coinage in De Asse was not only a vehicle for showing his skills as a scholar of ancient numismatics, but in this work he wanted to gain and show insight in Roman culture and society. A French summarized translation appeared in 1523 [Sommaire ou epitome du livre de asse (Paris: Galliot du Pré, 1522 (=1523))]. Budé would not have been a true humanist without an extensive correspondence with other humanists from Étienne Dolet and François Rabelais to Desiderius Erasmus and Thomas More.

Budé’s reputation and reception

A society active in France for the promotion of editions and translations of Classical texts has the appropriate name Association Guillaume Budé. You can find its journal, the Bulletin de l’Association Guillaume Budéonline at the Persée portal, from its start in 1923 up to 2015. The Institute d’Histoire et Recherche des Texts (IRHT) in Paris and Orléans has created a database concerning the transmission of ancient and medieval texts with an acronym, Base Unique de Documentation Encyclopédique, BUDE, which you can access after registration. It is astonishing Budé figures with only two editions of his works, but luckily two 1543 editions of the Annotationes are among the books digitized in Les Bibliothèques Virtuelles des Humanistes (Université de Tours), a project which figured here in 2013.

Banner BP16

Speaking of digital libraries, the Universal Short Title Catalogue (USTC, University of St. Andrews) will show more than 300 titles of works and editions by Budé. Increasingly the USTC contains links to digitized versions of sixteenth and seventeenth-century books. In the database BP16: Bibliographie des éditions parisiennes du 16e siècle of the BnF, based on the bibliographical work of Philippe Renouard and Brigitte Moreau, Budé figures with 65 works printed in Paris in the sixteenth century, i.e. editions, single publication and works of authors with whom he was associated. Humanists often wrote prologues, poems and recommendations which authors included in their publications.

Ciover of H.E. Troje's "Crisis digestorum"

As for Budé and his work on the Justinian Digest I would not dare to say here anything without first at least mentioning the last study of the late Hans Erich Troje, “Crisis digestorum”. Studien zur historia pandectarum (Frankfurt am Main 2011). Troje died on October 11, 2017. Since his 1971 book Graeca leguntur Troje patiently studied the way humanist scholars looked at the sources of Roman law. The ways the Digest was viewed and studied developed in an intricate interplay of preparations for new editions of the text in the Codex Florentinus, a most complex manuscript, and reading and valuing both published editions and commentaries by leading humanists. Access to the venerable manuscript in Florence and to Angelo Poliziano’s notes about it proved crucial. A few years ago I was happy to summarize here the excellent introduction to the Pandette manuscript and its history by Davide Baldi who shows you nicely the difficulties facing you when you want approach and understand this precious manuscript.

It would go beyond the scope of this post to look systematically at recent publications about Budé, but I cannot resist mentioning here an edition of some of his letters in La correspondance de Guillaume Budé et Juan Luis Vives, Gilbert Tournoy (ed.) (Leuven 2015). Marie-Madeleine de La Garanderie and Luigi-Alberto Sanchi published a volume with articles under the title Guillaume Budé, philosophe de la culture (Paris 2010). The title and contents show nicely the many ways one can view Budé and the high esteem he still enjoys. The Bulletin de l’Association Guillaume Budé is a sure port of call to find new studies, notes about sources and reviews of recent publications. In many cases you will Budé encounter anyway when you study the spread of humanism and its very particular offspring, legal humanism. His broad interests, the depth of his learning and the size of his network are probably too daunting for scholars to embark on a full biography of this remarkable figure. If anyone nowadays is able to take up this challenge you will soon think of Anthony Grafton. He showed more than a passing interest for Budé in his study Commerce with the ClassicsAncient Books and Renaissance Readers (Ann Arbor, MI, 1997). After his books on Scaliger and Casaubon Budé would seem an obvious choice for a sequel. Hopefully the conference in Paris will bring new and interesting views, and perhaps the spur for a much needed monograph on Budaeus.

New ways to medieval city registers

Screenprint Stadtbücher

How do you get the larger picture? Almost with a sigh we often long to see wide vistas, yet at the same time we want to zoom in while looking at a panorama of particular things. In this post I will look both at a repertory of particular sources, medieval and Early Modern city registers, for one country, Germany, and at an attempt to create a similar overview for medieval Europe. Last week I was alerted to the project for Germany, but this week I noticed also the project for a wider overview, and comparing the two projects is the most natural thing to do.

Efforts in Germany

The German project for Deutsche Stadtbücher has a subtitle in Latin, Index Librorum Civitatum. On closer inspection this portal can indeed be viewed in German, English and Latin. As for now the Latin is restricted to the headings of fields and filters. The project is the fruit of cooperation between the Deutsche Forschungsgemeinschaft, the history department at the Universität Halle-Wittenberg and the Cologne Center for eHumanities (CCEH). The portal offers four main entrances to search: cities, city registers, literature and archives. The word Archives stands here for holding institutions, not only archives, but also libraries. You can also use a free text field search. It is possible to search only for digitized registers, too. An extra is offered in the expert search mode, and you can also use an interactive map. This map can be used with some filters, but it seems a number of them is not yet active. However, you can go to a second interactive map, the DARIAH-Geobrowser which enables you to filter for periods and series of Stadtbücher. The loading of the results takes some time… On the main map you can select other countries as well. The database has for example currently entries for two Dutch cities, Kampen and Groningen. It is great to have bibliographies for many cities.

City registers or municipal registers is a very broad term. The strength of this project is certainly the creation of eleven categories, ten categories with in four of them attention for those registers most dear to legal historians, court registers, statutes and bylaws, council registers, and the classic registers for acts and charters (cartularies). In the eleventh category you will find everything which does not clearly fit into one of the other categories.

In such a vast project, spanning five centuries, you will find inevitably aspects which are either exhaustively or rather sparingly covered. Project leader Christoph Speer explains at his staff web page that for some Bundesländer he could build on the work of Reinhard Kluge in the former DDR for 450 cities with 70,000 registers, and he refers to a number of publications about the project and German city registers.

Getting a larger view

In 2014 I wrote here about a number of projects for the digitization of Dutch and Flemish city registers, in particular court registers and council deliberations. I discussed projects for Leuven, Liège, and ‘s-Hertogenbosch (Bois-le-Duc). I briefly mentioned some maritime registers at Amsterdam and a project for medieval charters in Tilburg. The Leuven project Itinera Nova is supported by the municipal archive and the Universität Köln. Especially when I looked at the map of the Stadtbücher project in which a center of this university is one of the main partners I wondered for a few moments why Leuven is not mentioned, but it is better to look first of all within the limits set for the Stadtbücher project.

Having within your reach a good and consistent repertory for one country is a fine thing, but often we set out to search for a digital version of one particular source, instead of going first to a relevant repertory. In this context it is perhaps a blessing in disguise that until recently I had not found many digitized medieval municipal registers. I had noticed a French project, Le Petit Thalamus de Montpellier, and a Scottish project, Law in the Aberdeen council registers, 1389-1511. In my 2015 post about portals for medieval history I mentioned briefly the section Paris médiéval at Ménestrel with much attention to legal documents. By the way, similar section at Ménestrel for Lissabon is promising, but has not yet reached this level.

However, very recently I encountered the project Registres des déliberations municipales au Moyen-Âge: La voix des assemblées [REGIDEL], a project concerning cities in Southern France led by the Telemme laboratory at Aix-en-Provence. On November 24, 2017 the symposium Enregistrer les conflits. Pratiques délibératives et scripturales des conseils urbains en temps de crise (XIIIe-XVe siècles, Europe méridionale) [To note conflicts. Practices of deliberation and scriptural practice in urban councils in times of crises, 13th-15th centuries, in Southern Europe] took place. The project blog contains articles about cities such as Turin, Toulouse, Digne and cities in the Emilia-Romagna, in particular for Bologna.

A companion to the REGIDEL project has got its own acronym, MUAR, for Medieval Urban Assembly Records, nothing less than a projected repertory for urban council records in medieval Europe. Like REGIDEL it is currently a blog at the Hypotheses platform. The website aims at becoming an archival and biographical repertory of municipal registers, with a focus on council registers, covering the period from the late twelfth to the early sixteenth century. The interface is in English, French and Italian. Currently there are sections reserved for France, Italy, the Iberian peninsula, the German empire, Britain and Ireland, the Low Countries and other countries. The striking feature here is the wish to classify cities in one region. For a moment I thought the team behind MUAR had fallen into the trap of placing cities in regions which successively were ruled by different rulers, but they mean current regions, for France even the départements.

When I checked the various headings I found partially the same cities as mentioned above for REGIDEL. For Italy you can find Perugia, San Gimignano, Bologna, Reggio Emilia and L’Aquila. Orvieto is the most recent addition, but it has not yet been included in the section for Italy. Most links in this post are internal references. So far Marseille is the only French town in MUAR. All other sections are under construction. For each town a timeline of important events is provided. I decided to check the page for Bologna, a town which figured here in a number of posts, for examples concerning Italian city statutes and municipal ordinances. In one post I portrayed Bologna also as a center of legal history when discussing two projects in Bologna for the digitization of medieval legal manuscripts. In this post I mentioned for the Archivio di Stato di Bologna the digital version of the Estimi di Bologna di 1296-97, records estimating the properties of Bolognese citizens, and the Liber Paradisus, a register about the liberation of nearly six thousand slaves at Bologna in 1257. The MUAR project does mention the critical edition of the Liber Paradisus by F.S. Gatta and G. Plessi, Liber paradisus. Con le riformagioni e gli statuti connessi (Bologna 1956), but not the digital version. The Estimi do not figure at all, nor the digitized Registro grosso (1116-1380) and the Registro nuovo. It is tempting to say the team at MUAR has not yet realized how daunting their objective is, but we can read the notice telling the team is looking for scholars willing to cooperate with them. In view of the German project it seems wise they change from a blog to an online database to enhance search possibilities.

For Italy one can benefit from the Scrineum project of the universities of Pavia and Verona, and more specifically from the Atlante della documentazione comunale italiana (secoli XII-XIV). This Atlante certainly does not cover all Italian towns, but you can find entries for cities such as Genua, Asti, Vercelli, and in particular for Florence. Scrineum provides you with background essays about notaries and libri iurium, and with essays on types of municipal legislation, with text examples from Genua and Florence. Is it safe to assume that there are various groups of historians dealing with legal documents in medieval Italian towns, and that every group has a particular focus? Instead of taking you with me through all kind of resources I had better translate words of Paolo Cammarosano: “As for municipal libri iurium for which there is now a prospect of the creation of a repertory and successively editions, the analysis to be done must reckon with great complexity, different articulations, mixing of matters and outright disorder (…)”, a quote from his article ‘I libri iurium e la memoria storica delle città comunali’, in: Le scritture del Comune. Amministrazione e memoria nelle città dei secoli XII e XIII (Turin 1998) 95-108, online at Rete Medievali Open Archive. The impression of a quick search for literature on libri iurium in the online bibliography of the Regesta Imperii is that of a wide variety of publications focusing on a fairly restricted number of Italian cities.

 In the wake of earlier projects

One of the questions to ask for both the German and the French-Italian project is the presence and use of earlier printed repertories and related projects. For the Stadtbücher the team could rely on a project for the Bundesländer in the former DDR as a substantial point of depart. On a European scale fifty years ago a team with a great role at the start for two Dutch scholars, J.F. Niermeyer and C. van de Kieft, edited the first volume of the Elenchus fontium historiae urbanae (Leiden 1967), a project for sources before 1250. The first volume deals with Germany, Belgium, the Netherlands and Scandinavian countries. The other volumes cover France and Luxemburg (vol. II.1, 1996), Great Britain and Ireland (vol. II.2, 1988), Austria (vol. III.1, 1992) and Hungary (vol. III.2, 1997). On the website of the Commission Internationale pour l’Histoire des villes (CIHV) you can find PDF’s with the preface and overview of the contents of the volumes I and II.2. The Elenchus contains selected texts for the early history of medieval towns. The CHIV also stimulated the creation of country bibliographies.

For Germany it is easy to mention recent and earlier works. Ulrich-Dieter Oppitz published the massive repertory Deutsche Rechtsbücher des Mittelalters (3 vol. in 4 parts, Cologne 1990-1992), in itself a successor to the earlier work by Carl Gustav Homeyer, Die deutsche Rechtsbücher des Mittelalters und ihre handschriften (Berlin 1856; online, Hathi Trust Digital Library; text only, German Wikisource) and his earlier Verzeichnis from 1836 (online, Bayerische Staatsbibliothek, Munich). Both works deal with legal treatises such as the Sachsenspiegel and Schwabenspiegel, but they look also at the laws of individual cities. A number of Rechtsbücher, influential municipal laws, and Schoffensprüche (decisions of aldermen) figure in the online version of the Repertorium Geschichtsquellen des deutschen Mittelalters under the heading Stadtrecht. I invite you to check also for example at Archivportal-D and the Archives Portal Europe for all kinds of city registers, for they can offer a quick way to relevant registers, too.

Many Dutch rechtsboeken have been edited by member of the Society for Old Dutch Law. Some of the nineteenth-century editions in the first series of editions will not quite stand the proof of modern textual criticism, but at least a large number of them has been digitized at Heidelberg for the Textarchiv accompanying the online version of the Deutsches Rechtswörterbuch. It would be a good thing to create an overview of these texts, the original sources and whenever possible their current digital presence.

To conclude this contribution, proposing the creation of either a national or an European overview of city registers in their various forms is one thing, creating them in a sensible and feasible way implies thorough reflection on many matters before even starting such a project. Overviews of one particular source genre can be most useful, but you cannot lift a source or a genre out of their context completely without impairing in the end historical understanding. This consideration works certainly as a factor which makes scholars rightfully hesitant to cooperate in such projects. The fact that you work with partners from other countries will surely help to widen your horizon and question your assumptions. Let´s wish all courageous scholars who nevertheless join these projects wisdom, good luck and stamina!

A postscript

My view of the German project Stadtbücher is rather positive, but it is right to add at least one comment from Klaus Graf at Archivalia who criticizes the working of the filters and the absence of information for some German regions, in particular Baden-Württemberg. In my opinion the north of Germany is covered massively, for other regions you can clearly wish for more. For Saxony you can benefit from the Gerichtsbücher database for some 22,000 registers concerning voluntary jurisdiction, for example property sales, mortgages, custody and wills.

I spotted in open access the most valuable article on Magdeburger Recht by Heiner Lück in the Handwörterbuch zur deutschen Rechtsgeschichte III (2nd ed., Berlin 2013) col. 1127-1136.