Tag Archives: Early Modern history

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.

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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.

Encircled by knowledge: New life for old encyclopedias

Banner Enzyklothek

In happy and carefree moments you can be tempted to think that only the internet made it possible to have all possible kinds of knowledge within you reach. However, for centuries having a compact or massive encyclopedia on the shelves of your personal library seemed already to warrant this vision. Lawyers were no strangers to this opinion as I showed in a post about Early Modern legal encyclopedias. Interestingly there is a movement to recreate the world of old encyclopedias. In this post I want to look at some projects which bring you to online versions of older encyclopedic works. Some of them are still familiar among historians, others will come as a surprise.

On digital and real shelves

Logo Seine Welt Wissen

Among the Early Modern works that you might still turn to is at least one German work. I confess I had not quite realized how voluminous the Grosses vollständiges Universal-Lexikon aller Kunste und Wissenschaften by Johann Heinrich Zedler (1706-1751), published in 64 volumes between 1732 and 1750, followed by a supplement in four volumes. In 2006 two German libraries held an exhibition in his honour, Seine Welt Wissen. Enzyklopädien in der Frühen Neuzeit [Knowing your world. Encyclopedias in the Early Modern age]. This year I could use the Zedler in its online version provided by the Bayerische Staatsbibliothek in Munich to expand scarce information about members of a family in Kleve who served the Brandenburg government of this duchy. The makers of the 2006 exhibition drily note the Encyclopédie ou dictionnaire raisonné des sciences. des arts et métiers by Diderot and D’Alembert has only 17 volumes with 72,000 articles on 23,000 pages, whereas Zedler serves you 290,000 articles on 68,000 pages.

Before exploring other works it is fair to look quickly at the great Encyclopédie and its current digital availability. Foremost among its modern incarnations is the searchable version offered by the team of ARTFL in Chicago. Its editors, Robert Morrissey and Glenn Roe, immediately mention the 11 volumes with illustrations that set this encyclopedia apart from all its predecessors and contemporary competitors. These plates and the character and quality of the contributions still command respect and admiration. The editors at ARTFL count 74,000 articles on 18,000 text pages. The information about supplements published after 1772, links to forerunners of the Encyclopédie, a bibliography and other essays enhance the ARTFL version which stands out for the search possibilities of Philologic4.

More traditionally looking at first sight is the ENCCRE online version recently created by the French Académie des Sciences, with modern introductions and search facilities using a corrected Wikisource transcription. The acronym ENCCRE is a French pun on the word encre, ink. The Encyclopedia project for an English translation at the University of Michigan, too, offers more than a strict rendering from French into English. The plates can be quickly searched at Planches. Lexilogos does a great job in offering both the ARTFL and ENCCRE versions, and adding links to the text-only version in the French Wikisource, and last but not least to the digitized original volumes at Mazarinum, the digital library of the Bibliothèque Mazarine in Paris. This copy is used at ENCCRE, too.

In the limelight

Zedler and the Encyclopédie deserve scholarly attention and quickly accessible modern versions, but other valuable works can readily be found. Let’s look at a few websites which bring you both to other general encyclopedias and to works focusing on specific scientific disciplines. Let’s go straightforward to the heart of this post, a tour of the wonderful German Enzyklothek. A few years ago I had briefly visited this portal, and I put it aside with the impression it does not contain much for legal history. However, this time I became intrigued by its sheer coverage, and I marvelled at its holdings.

Peter Ketsch launched the Enzyklothek Historische Nachslchlagwerke in 2014. He offers access to digital versions or information about printed works in five sections: bibliographies, secondary literature, general encyclopedias, encyclopedias for specific disciplines, and biographic dictionaries. The sixth section for dictionaries is empty, a reminder you cannot expect everything at one portal. First of all it was a surprise for me to find here bibliographies. You will find here a number of entries concerning national bibliographies, but also some items for individual authors. For legal history I found in this corner only Rolf Lieberwirth’s study Christian Thomasius. Sein wissenschaftliches Lebenswerk. Eine Bibliographie (Weimar 1955). Among the bibliographies for specific disciplines Rechts- und Staatswissenschaften (disciplines concerning law, jurisprudence and government) are only announced, but alas no items have yet appeared under this heading. The general section on bibliographies starts with just one work from the late sixteenth century, and to me the choice of works in this section seems rather at random but nevertheless interesting. The section Enzyklopädistik with historical overviews and bibliographies of encyclopedias and specialised dictionaries is much richer.

The section Sekundärliteratur contains a more personal mix of things. In the corner with websites it is good to note the projects at Wolfenbüttel and Braunschweig for a virtual recreation of the Thesaurus eruditionis and similar works, and also Welt und Wissen auf der Bühne, a project about Early Modern works which used the metaphore of the theatre, a project I discussed here, too. For the legal disciplines Ketsch mentions just three titles in this part of his portal, on various subjects, from Zeremonialliteratur, texts written by lawyers about official ceremonies, to economical treatises and their forerunners, the Hausväterliteratur. By the way, here Ketsch indicates titles can appear in more rubrics. At this point the question about using either rubrics or a form of classification using a thesaurus or another form of tagging entries, and a second question is the choice for a database versus single pages. The search function clearly suggests the presence of a database, but the tagging of entries could be more generous. However, you can apply multiple filters for author, title, year, location, publisher and language. For the genre Hausväterliteratur there are now 784 entries. A section such as the one concerning publications about single medieval encyclopedic works contains nearly 4,000 items. As for now there is a total of 21,000 titles in this database. Whatever the quality of the coverage, the quantity of entries commands respect. For many entries Ketsch has added links to translations in other languages, reference works and bibliographies. In some cases you will see a series of incunabula editions of works, this seems too much of a good thing, even for Diogenes Laertius’ Vitae phlosophorum.

We must proceed now to the heart of Ketsch’s website, the general and specialized encyclopedias. For the general encyclopedias there is a division in periods (Antiquity, Middle Ages and Early Modern) and in entries for several modern languages. The presence of works in Danish, Swedish and Norwegian is a most welcome addition. In the section with Dutch encyclopedic works I encountered several books which you do not encounter often. In this respect it is good to see more popular and educational works. For the legal disciplines Ketsch mentions three German Konversationlexikons, in particular Herman Wagener’s Neues Conversations-Lexikon. Staats- und Gesellschafts-Lexikon (23 vol., Berlin, 1859-1867) was a massive project followed by modern successors. Ketsch scores by guiding you also to studies about the genre of the Konversationslexikon. If you want to know more about the Zedler Ketsch gives you some thirty publications.

The biographical section of the Enzyklothek shows national biographies for twenty countries, showing their rich history from printed works to online databases. The subsection with women’ biographies contains some eighty titles, almost exclusively translations of and studies about Boccaccio’s De claris mulieribus. I had hoped for a very different content… At this point I must alert to Ketsch’s invitation for anyone interested to help him with his project.

How show one judge the merits of the Enzyklothek? The Swiss project on Enzyklopädien, Allgemeinwissen und Gesellschaft [Encyclopedias, general knowledge and society] stopped adding entries after the launch of Ketsch’s website. The overview of works of the Swiss project, launched in 2001, offers an alphabetical list of authors, a chronological overview and a drop down menu for particular genres. Its strength lies in the descriptions of works and the attention to the context and variety of encyclopedic works.

Logo N-ZyklopThe project N-Zyklop (Universität Trier) which started in 2005 is another attempt at a full-scale database for finding encyclopedias. I checked here for works concerning Law (Recht). At first I was bewildered by the wide choice of works concerning trade and the presence of some biographical dictionaries, but you will find also the Vocabularium jurisprudentiae romanum by Otto Gradenwitz and other German scholars (Berlin 1903-1939). In particular the first edition of Jacob Bes’ Scheepvaarttermen. Handboek voor handel en scheepvaart (Amsterdam 1949) seemed gone astray, but in its multilingual version it became a classic work for maritime law, Chartering and shipping terms (1951). With some 5,000 entries and the possibillity to search for Dewey Decimal Classification codes in the advanced search mode N-Zyklop is certainly worth a visit, even if you have to translate the German terms used for every DDC code.

Lists versus databases

While preparing this post I thought I had spotted in the Enzyklothek an entry for the digitized version of the Lexikon für Kirchen- und Staatskirchenrecht, Axel von Campenhausen et alii (eds.) (3 vol., Paderborn, etc., 2000) in the section Digi20 of the Digitale Sammlungen of the Bayerische Staatsbibliothek, but I looked at the wrong place, and thus I was at first unable to retrace it. Finally I realized I had seen it in the German Wikisource list of online encyclopedias and lexicons. This work brings me to the final section of this contribution for a quick comparison of the specialized encyclopedia websites with the lists of encyclopedias offered at Wikisource. Some of my readers might well ask why I choose not to start with them. The main reason for my choice is the fact the lists at Wikisource and Wikipedia are not always the fruit of systematic and methodic search, but there is a clear degree of control, and thus the information can be most useful. In fact I had expected the name of a very conscious and active contributor to the German Wikisource as the main author or coordinating editor of this splendid list.

The German Wikisource page for encyclopedias has a section on Politik und Recht, politics and law. When you look at the works mentioned on it the Enzyklothek clearly is deficient. Among the notable works is the Deutsches Staats-Wörterbuch by Johann Kaspar Bluntschli and Karl Brater (11 vol., Stuttgart-Leipzig, 1857-1870). Bluntschli’s draft for a civil law code of the Swiss canton Zürich influenced the Schweizerisches Zivilgesetzbuch designed by Eugen Huber (1907). Bluntschli is better known as one of the founders of the Institute for International Law-Institut de Droit International. You will find als the first three editions of the Staatslexikon published by the Görres-Gesellschaft since 1887, with the eight edition now being published. Even today one can benefit from Emil Seckel’s continuation of the Heumanns Handlexikon zu den Quellen des römischen Rechts; the sixth edition (Jena 1929) has been digitized in Sevilla (PDF, 80 MB).

I would have been most happy to report here on the wealth of information in the English and French Wikisource for legal encyclopedias, but alas this is not possible. The English Wikisource bring you to the first edition of a single multivolume work, The laws of Engeland, being a complete statement of the whole law of Engeland (31 vol., London, 1907-1917) by the Earl of Halsbury, an encyclopedia from beginning to the end and nevertheless avoiding this word in its title. The English Wikipedia lists five online legal encyclopedias. For completeness’ sake I note that the similar French and Ukrainian Wikisource pages do not give you any legal encyclopedias, but the Russian Wikisource mentions three legal encyclopedias. It is only logical the German Wikisource has also an interesting page Rechtswissenschaft for digitized old laws and older legal works. Both the various Wikisources and Wikipedias as resources in open access gain everything from the input and efforts of contributors. In my view it is wrong not to take them as serious as other encyclopedias in print or online.

Some conclusions

This rapid tour of legal encyclopedias taught me a few things. Apart from my preference to delve into old books it is simply important to realize the great encyclopedias in print and online of our century have many forerunners, a number of them taking much space on your shelves. The famous ones had their competitors, but there was also a market for abridged versions. It is good to see you can often hardly distinguish between legal encyclopedias and legal dictionaries. Another thing is almost a returning refrain here: do not stay content using just one major resource for any subject. The question of languages is a second thread on my blog. The use of the translation tool in a particular web browser from an omnipresent IT firm helps you to get at least a rough idea of contents, and it teaches you knowing a language inside out does help you in many ways. The books on early economic thought and their focus on running a household is a welcome reminder economics only started in the nineteenth century to claim an existence as a science. Private law has captured more attention from legal historian than public law, and this bias, too, becomes more clear thanks to these projects.

Last but not least the predominance of German resources in this post is indeed due to my familiarity with German research. For German legal historians having the second edition of the Handwörterbuch zur deutschen Rechtsgeschichte in front of you on your computer screen as HRG Digital has been a major qualitative step, although you have to subscribe to it or find a university library with a license for this online resource. It is one of the dictionaries containing much more than you would expect. There is also a printed version of the second edition. It is fitting to end here with the efforts of Gerhard Köbler in Innsbruck, who has not only published a number of historical legal dictionaries, but also maintains a massive portal on German and Austrian law and legal history, including for examples concise biographies of many lawyers. Köbler prefers web pages above a database. As for libraries with collections of Early Modern legal works, and increasingly also digital collections, you will not stop me pointing here regularly to the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main.

Listening to tuneful news: Streetsongs and crime

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

News in songs

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

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

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

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

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

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

Logo VD-Lied

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

Ballads in the British isles

header-ebba

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

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

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

A look at American ballads

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

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

Logo Criminocorpus

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