Tag Archives: Economic history

Hong Kong, Macau and Singapore, three Asian city states

Sometimes events can seem rather unique, but historians have been trained to be wary of this claim. Since weeks the city state Hong Kong is in the grip of political turmoil. The legal and political status and future of this special administrative region in China is at the core of the disputes and actions. It is not a new idea to look at the law of both Hong Kong and Macau together, but I decided to add a third town in South East Asia to the comparison in this post. What have these city states in common apart from their geographical situation around a harbor? In this post I will look at a number of digital archives and libraries which bring you to important resources for the legal and cultural history of these interesting Asian cities.

Three of a kind?

It is tempting to start here with the colonial period of the three harbors. Macau was the oldest European colonial town in China, founded by the Portuguese in 1557. In and around Hong Kong people have lived already some 5000 years. For Singapore on the Malaysian peninsula there is a reference from the second century BCE. From the fourteenth century onwards there is more continuity for Singapore, but it is also clear the Portuguese destroyed the city in 1613. I prefer to treat the three towns here at first separately.

Startsscreen "Memória de Macau"

With currently some 600,000 inhabitants Macau is the smallest of the three cities. They live on a territory of just 30 square kilometer, making Macau the most densely populated spot on earth. Macau’s fortunes depended initially strongly on the position of the Portuguese commercial empire. Even though the Portuguese influence became weaker, Macau became attractive as a pivotal point in intra-Asiatic commerce. Since 1999 Macau is a special administrative region of China. The Hong Kong-Zhuhai-Macau Bridge, actually a tunnel and a bridge with a length of 42 kilometer, connects since 2018 Hong Kong with Macau.

A search for digital resources concerning Macau yielded quickly some important results. The portal Memória de Macau was only launched in April 2019. It brings you to digitized books, archival records, maps, audiovisual materials and images of museal objects in Macau. The portal offers also a chronology of Macau’s history which you can even filter for events in politics and law, and there are of course sections on the arts and culture. Memória de Macau is accessible in Portuguese and Chinese. For searching the legal history of Macau the Base de Dados de Legislação de Macau (LEGISMAC) brings you not only to current law in Macau, but also to laws and other legislative acts since 1855. At Fontes Macau-China, sécs. XVI-XIX, part of the Observatório da China you will find a digital library with Early Modern books, its contents are viewable with a Portuguese, Chinese and English interface. The Biblioteca Digital da Fundação Jorge Álvares in Lissabon is a small digital library with digitized books about Macau and China. In the UM Digital Library Portal of the Wu Yee Sun Library, Universidade de Macau you can consult among other things Chinese worksWestern books on China and rare Western books. For Macau the digital library at the portal on Portuguese colonial history Memórias de Africa et do Oriente contains only nine titles.

The Arquivo de Macau has digitized the official gazette, the Boletim do Goberno / Boletim official de Macau, for the period 1850-1999, you can view the issues with a Portuguese, Chinese or English interface. In 1993 the Chinese government announced the legal framework for Macau from 1999 onwards. It is referred to as the Basic Law (here the English translation).

Hong Kong’s long history

Start screen Historical laws of Hong Kong Online

A similar search for digital collections concerning the (legal) history of Hong Kong took me much more time. Only the Hong Kong Legal Information Institute came immediately into view. This branch of the WorldLII contains not only modern legislation and jurisprudence, but also Privy Council Judgments (1861-1997), historical laws (1890-1964), and also first instance and appeal judgments since 1946. The University of Hong Kong Libraries offer access to Historical Laws of Hong Kong Online as a part of the Hong Kong University Library Digital Initiatives, a portal to several digital collections, including sections for rare books, legislation and war crime trials. I should have spotted at Historical Laws of Hong Kong Online the link to a page with several other online resources, for example Hong Kong Government Reports Online (1842-1941). The Hong Kong Public Libraries have among its digital collections a general Hong Kong Collection and for example old newspapers since 1853. The Run Run Shaw Lbrary of the City University of Hong Kong has a portal for its Digital Special Collections. Hong Kong Memory is a portal for digitized cultural heritage, mainly for the arts, geography, audiovisual collections and oral history. You can consult a number of historical maps at HK Maps. For Chinese rare books there are a digital collection of the Chinese University of Hong Kong Library and the Hok Hoi Collection of the Hong Kong Public Libraries with classic Chinese literature.

Two archives founded by the government of Hong Kong preserve archival records, the Government Records Service, with three digital collections and three virtual exhibits, and the Legislative Council Archives, founded in 2012. Within The Hong Kong Heritage Project you find the archive of the Kadoorie family and much more. A number of digitized archival collection for Hon Kong has been digitized by libraries. The Hong Kong Public libraries have digitized some 48,000 digitized archival records of the city council between 1965 and 2000 in their collection Municipal Council Archives. The Chinese University of Hong Kong Library, too, offers digitized archival records. In the Land Deeds Collection there are 160 land deeds and six volumes of fish-scale registers, from the mid-seventeenth to the twentieth century. In the Sheng Xuanhei Archive you will find digitized documents and transcriptions concerning a very influential merchant and politician (1844-1916) who initiated many projects. At Open Public Records of the UK National Archives this university gives you access to dozens of digitized documents from various series held at Kew. With the Elsie Tu Digital Collection (Hong Kong Baptist University) we come closer to this century. This collection contains speeches and publications of a scholar who followed closely political and legal developments in Hong Kong during the last quarter of the twentieth century. Her university presents also the HKBU Corpora, two linguistic corpora, the Corpus of Political Speeches (1789-2015) and The Chinese/English Political Interpreting Corpus (1997-2017), with in both speeches from the USA, Hong Kong and China.

In Hong Kong some 7,5 million people live on an area of 1,100 square kilometer, which brings this city a rank lower than Macau but still very high in the list of most densely populated places of our planet. The British took over power in 1841, formally stabilized in the 1842 Treaty of Nanking. The extension of Hong Kong’s territory came about in 1898 with the treaty concerning the 99 year-period of British rule over Hong Kong. During the Second World War the Japanese army occupied Hong Kong. In 1997 British sovereignty was transferred to China, entering the current period of fifty years until 2047 as a special administrative region within China.

A look at Singapore’s history and its digital presence

Heading "Straits Settlements Gazette", 1890Government

Heading of the “Straits Settlements Gazette”, 1890 – image source: Books SG, http://eresources.nlb.gov.sg/printheritage/index.htm

With Singapore we go from China to the most southern point of the Malaysian peninsula, close to the Indonesian archipelago. The destruction of this town in 1613 is a clear break in its history. In 1819 a British trading post was established which gained in 1824 the status of a British colony. In 1824 an Anglo-Dutch treaty created a clear separation between Dutch and British territories in Malaysia and the islands of the Dutch East Indies. From 1826 onwards Singapore was a part of the Straits Settlements, governed from British India. From 1867 to 1942 Singapore was a Crown Colony. The harbor became in the twentieth century known for its facilities for the British fleet. Although it was deemed to be unassailable for enemies, the Japanese could take over Singapore in 1942 very quickly.  After the Second World War a turbulent period followed from which Singapore eventually emerged in 1965 as an independent republic. Singapore has currently some 5,6 million inhabitants on a territory of 7,800 square kilometer leading to a ranking for population density between Macau and Hong Kong. One of the things I realized while looking at Singapore is the major role of Chinese people in its history.

When you look at digital libraries in South East Asia it is good to start perhaps with the Asean Digital Library, a portal hosted by the National Library Board, Singapore and founded by the Association of South East Asian Nations. For Singapore this digital library contains some 26,000 items. The National Library Board of Singapore presents digitized old books and manuscripts in several subcollections at Books SG. Among the books labelled Politics and government you will find a number of issues of the Straits Settlements government gazette. Among the digitizwed titles I would like to mention two recent guides, The rare materials collection : selections from the National Library Singapore (2017), readable online, and the volume 50 records from history : highlights from the National Archives of Singapore (2019), downloadable as a PDF (264 MB), with in the latter a number of important documents for Singapore’s legal history.

The NLB has also created a section Newspapers SG with some Malaysian newspapers. The educational portal Roots created by the National Heritage Board looks at Singapore’s history and cultural heritage since 1819. At Legal Heritage the Singapore Academy of Law brings you not a digital library, but a guide to Singapore’s legal history. Lee Su-Lin, a librarian at the National University of Singapore created with Historical sources of Singapore Law a guide to (digitized) materials for researching Singapore’s legal history. You can benefit also from the guide to Singapore Primary Sources by her colleague Nur Diyana. The National University of Singapore offers digitized historical maps of Singapore (from 1846 onwards), a HISGIS for Singapore and the Singapore Biographical Database dealing with Chinese personalities in Singapore’s history The NUS Libraries have a large section with digitized Chinese materials pertaining to Singapore, including historical newspapers. At Singapore Statutes Online you can find three constitutional documents and a few acts from the colonial period.

The holdings of archives, libraries, museums and galleries in Singapore can be searched conveniently using the One Search portal. Thus you can look at inventories of the National Archives of Singapore. At its digital portal Archives Online you can look for example at a section for government records with also parliamentary papers – and at the Straits Settlements Records (1826-1946), Overseas and Private Records. The Singapore Policy History Project of the NAS is also worth your attention.

Of course important collections relevant to the subjects of this post can be found elsewhere. In the Cambridge Digital Library you can find the collection Voices of civilian internment: WWII Singapore. Among digitized items of the vast collections of the Royal Commonwealth Society you find can some panoramic photographs of Hong Kong, Macau and Kanton (Guangzhou) made in the early twentieth century.

Three or four harbors?

When you look at old maps of Macau and Hong Kong the latter is often difficult to spot, but yet another harbor to the north in the Pearl River Delta is quite visible, Guangzhou, to the Western world long known as Canton. Guangzhou is situated some 145 kilometer north of Hong Kong, To mention just one characteristic about Guangzhou, Cantonese is one of the major forms of the Chinese language. Singapore and Guangzhou figure in the top ten of largest harbors of the world. It would have been interesting to look here also at Guangzhou, for example at the Guangzhou National Archives, but it is perhaps better to admit I spotted it rather late.

While preparing this post on the history of three Asian ports another thing became very visible for me. In the Human Development Index of the United Nations, a quite detailed overview with several sections, you will find in the main HDI list just behind the top on place 7 Hong Kong, and on place 9 Singapore. Macau is not included in the HDI, but it would rank around number 17. China currently figures at place 88 of the HDI main list. The three city states of this post simply belong to the richest countries and areas of our world. Two of these three ports hold a stable place among the world’s busiest harbors.

Inevitably there are some clear lacunae in my post. It would be most useful to know about digital versions of the historical gazette(s) for Hong Kong, not just for Macau and Singapore. I referred only briefly to the historical and current constitutions which can be swiftly found using one or more of the portals for constitutions worldwide. Incidentally, I have listed a dozen relevant portals for constitutions at the digital libraries page of my legal history portal Rechtshistorie, where you will also see the archives I mention here. The page for digital libraries brings you also to the major portals for official gazettes and treaties. I have not looked closely at the development of the legal systems in the three city states, but this calls for more space, time and knowledge – both of the legal systems involved and of Portuguese, Malay and Chinese! – to engage with them here in real depth and width. The selection of resources for their cultural and legal heritage shows at the very least the need to use multiple perspectives. Perhaps the largest deficit here is the lack of references to (legal) sources in and about China and its history, and hte omission of a perspective from China. On my website I mention a number of digital libraries with Chines books and also a number of archives in China, but I point only to a small number of resources on China’s legal history. Finding digital resources with digitized old books  for Malaysia is an even greater challenge, but it is also advisable to turn to bibliographical research.

Whatever the outcome of the current conflicts in Hong Kong, it is surely influenced by the fact people live here literally packed on the shores of a thriving harbor and an important Asian economy. The people of Hong Kong are acutely aware of the legal, economical and political differences with China. These differences stand both for the success of Hong Kong and the challenges it faces. All over the world major towns have to deal with problems national governments find difficult to address. A number of cities worldwide cooperate in networks such as Metropolis and United Cities and Local Governments. The city states of this post stand out as not just remarkable legal cases for doing comparative law and comparative legal history, but as communities in densely inhabitated towns at pivotal points in the world economy and at the frontiers of major countries which have and show their own interests in them. The mixed legal systems of Hong Kong and Macau are a mixed blessing,. All three towns in this post have a long history of great changes which will encourage them to face current problems, too.

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Streams of life and strife: Water as a legal matter in Roman law

Banner Roman Water Law

After six months I should finally fulfill my promise to honor here at least once a year the role of Roman law. You might almost call it the mother of all legal history! Luckily I found a subject in Roman law close to current interests. Water as a vital element of life was not absent in Roman law. Its presence is in fact manifold. The project Roman Water Law at the Freie Universität and the Humboldt Universität in Berlin helps to look at regulations concerning water and its uses according to an interesting scheme. Legal attention to water has a very long history.

A Roman look at water

The project Roman Water Law has found space on the Topoi platform which stands out for its distinctive graphic design. Topoi currently contains nearly twenty research collections and smaller projects on a variety of themes. Actually the website for Roman water law is the fruit of two research programs of the Berlin Exzellenzcluster Topoi held between 2012 and 2017, “Water from a legal perspective” and “Infrastructures from judicial, gromatic and political perspectives”. The core of the virtual collection is a combination of legal sources found in the Corpus Iuris Civilis, three individual leges (laws) and the Codex Theosodianus with texts from Roman authors who touched the subject of water. The results are 572 entries with a Latin text and English translation to which one of ten newly defined categories have been assigned.

Table IX of the Lex Irnitana

Table IX of the Lex Irnitana – Museo Arqueológico de Sevilla – image: Red Digital de Colecciones de Museos de España, http://ceres.mcu.es

The harvest for Roman laws in the technical sense, leges approved by the senate of the Republic, may seem meagre with just three laws. However, one of them, the Lex Flavia Irnitana from AD 91, was only found in 1981. The fragments of six out of originally ten bronze tables are now held at the Museo Arqueológico in Seville {Hispania Epigraphica, no. 5058). This law, dated around 91 BC, is the most complete surviving example of a Lex Flavia, a municipal law. Chapter 82 of the Lex Irnitana deals with drainage and creating and changing roads, paths, canals and sewers, for which only the duumviri, a pair of magistrates elected for one year, are authorized if there is a municipal decret for their actions.

When you look at the overview of the 572 entries you use first of all several filters. Thus you can quickly see that legal texts form the majority of the texts, only 73 items stem from Roman literature. Within the corpus of legal text the Digesta rule supreme with 435 entries. Among the literature are 22 entries from Frontinus. Cicero provides only six entries. Texts found in the Corpus agrimensorum have been cited and translated using the work of Brian Campbell, The writings of the Roman land surveyors. Introduction, translation and commentary (London 2000). It is no surprise to find Okko Behrends as one of the scholars involved with the Topoi project. He edited and translated with Luigi Capogrossi Colognesi for example the volumes on Frontinus and Hyginus in the Corpus agrimensorum romanorum [vol. 4 (1998) and 5 (2000)]. You can also filter by keyword. Some forty Latin terms are given for this purpose. An entry can have multiple keywords. You can choose to open the entries for just one keyword or add entries for other keywords or subjects as well.

The core of the project are the classifications added to each entry. There are ten main types of classes, starting with definitions (44), followed by

Right to use water
Constructions to use water – Process of construction and maintenance
Legal protection of water use
Urban praedial servitudes of water
Regulation of damages and prevention of damage caused by water
Consequences of changes caused by water
Water as a route of transport
Water as a border
Buildings at banks, coasts and beaches

Under the heading Urban praedial servitudes five texts are included concerning stilicidium, the right to discharge eavesdrip (drops of rain) and the legal actions available in case of flooding (flumen). I could not help noticing that seemingly the keyword flumen has been added to the three texts for stilicidium, and that in one of the two texts for flumen the action concerning aqua pluvia is also mentioned, but not entered as a keyword. Adding the right keywords is certainly not straightforward. I looked also at the twelve texts in rubric 7.4, Storms and natural disaster, a subspecies of changes caused by water. The clear distinctions, the crisp style and the concise descriptions of standard situations should provide food for thought for any modern lawyer struggling with legal problems and trying to write about them in a most sensible and understandable way. In Roman eyes the actual situation in a particular legal case had to be faced squarely in order to provide a just solution. Last year someone asked me about Roman law and plumbing.  I can reassure my acquaintance Roman lawyers said some very constructive things about plumbeae fistulae.

It is possible to download the database of Roman Water Law, created in the special Citable format created for digital humanities. It would have been more elegant to indicate the kind of tool to open it. On a tablet I could open it directly, otherwise you can use a simple text or code editor.

The variety at Topoi

Cover Becking, "Water management in ancient civilizations"

The Topoi project does not only bring digital results. Exhibitions are held and publications appear in print, too, for example the volume edited by Jonas Becking on Water management in ancient civilizations (Berlin 2018). An earlier publication touches the theme of Roman land surveying, Cosima Möller and Eberhard Knobloch (eds.), In den Gefilden der römischen Feldmesser. Juristische, wissenschaftsgeschichtliche, historische und sprachliche Aspekte (Berlin-Boston 2013). There is also an e-Topoi Journal for Ancient Studies available in open access. Received wisdom forbids me to create in this post also a nutshell guide to other relevant institutions in Berlin for the field of ancient studies. Just looking at the Topoi repository is a treat. You can look for example at ancient cylinder seals in 3D, astronomical diaries in cuneiform inscriptions from Babylonia, a digital representation of the Pantheon, and the Inscriptiones Christianae Graecae. The Topoi cluster itself has many connections. With the Berliner Antike-Kolleg I mention an institution which has close connections to Topoi.

I leave it to you to explore yourself more texts included at Roman Water Law. Many uses of water come into view on the website and in the database. One of the few things missing are baths, but here we clearly enter the summertime of the northern hemisphere. Roman lawyers did discuss them, too! If you want to pursue such themes in Roman law I would like to point here again to Amanuensis, the application for searching Roman legal texts created by Peter Riedlberger and Günther Rosenbaum, downloadable for both computers and smartphones. In an earlier post I introduced the app. It is good to know more texts have been included in it recently (version 4.0). Thanks to Ingo Maier a number of constitutions from Late Antiquity and the Latin Novellae of Justinian have been added, and thanks to Job Spruit also the Justinian Novellae in Greek. Hopefully the summer holidays give you a chance to relax and reload, and also to learn about and upload the latest version of such tools.

 

Ordinances and the book trade of the Dutch Republic

Some periods in history pose the problem of being too familiar. The Roman Republic, the Italian Renaissance, the Dutch Republic, the French Revolution and the Second World War are among the obvious examples. Sometimes scholars proclaim they can offer radical new interpretations of a period and its major developments, but often their studies reach this goal only to a limited extent. In this post I will look at a book focusing on one particular trade in the Dutch Republic. The authors make a fine case to put the book trade and the role of printed works at the very heart of the Dutch Golden Age, the seventeenth century. Andrew Pettegree and Arthur der Weduwen studied in The bookshop of the world. Making and trading books in the Dutch Golden Age (New Haven, CT, 2019) not only the beautifully produced books now found in libraries, but also ephemeral prints, such as pamphlets and ordinances, which were less likely to survive. Pettegree and Der Weduwen visited numerous libraries and archives to trace these sources, and they point to resources showing traces of books now lost. Their work touches directly on Dutch legal history, enough reason to create space here for their stimulating study.

Ongoing research

Logo STCN

In March Pettegree and Der Weduwen, both working at the University of St. Andrews in the team for the Universal Short Title Catalogue (USTC), visited the Netherlands. Apart from giving lectures and doing research in a number of archives and libraries, they acted as keynote speakers at an afternoon on March 28, 2019 about the Dutch Short Title Catalogue Netherlands (STCN) held at the Royal Library in The Hague. The STCN set standards for a high-level description of Early Modern printed works, putting the lessons of analytical bibliography into practice. Initially newspapers, broadsheets and pamphlets were excluded from the STCN, and also in particular academic dissertations. The USTC started as a bibliography for books printed in France during the sixteenth century, but it has opened its nets for all printed works from incunables up to the year 1700.

In The bookshop of the world the authors advance well beyond the commonly held view of the Dutch Republic as a country with Europe’s most active and most respected printers catering for the whole world. Their research into printed works which in a number of cases survive in unique copies leads them to the assertion books formed only one-quarter of the printed works in the Dutch Republic. Newspapers, pamphlets, ordinances and foremost very ordinary simple books for daily use take the lion’s share of the production and trade in printed works, and more than that, these works provided printers and publishers with regular work and stable profits.

Pettegree and Der Weduwen bring this new book and its bold claims as a synthesis of a number of studies they published in the last ten years. A number of volumes with essays edited and co-edited by Pettegree function as substantial building blocks, for example Broadsheets : single-sheet publishing in the first age of print (Leiden 2017) and with Flavia Bruni Lost books. Reconstructing the print world of pre-industrial Europe (Leiden 2016), the last volume also available online in open access. Earlier Pettegree published with Malcolm Walsby the bibliography Netherlandish books : books published in the Low Countries and Dutch books published abroad before 1601 (2 vol., Leiden 2011). Der Weduwen is known for his study Dutch and Flemish newspapers of the Seventeenth Century, 1618-1700 (2 vol., Leiden 2017). It is hardly conceivable how a similar synthesis could be written without detailed studies on these subjects. Among Pettegree’s other books I must at least mention The book in the Renaissance (2010) and The invention of news. How the world came to know about itself (2015). The idea for the book about Dutch books can remind you also of a collection of his own articles Pettegree published in 2007, The French book and the European book world.

The main sources to support the claims of Pettegree and Der Weduwen are themselves products of the vibrant Dutch book trade. In the late sixteenth century Dutch book traders independently created book auctions, accompanied by auction catalogues, as a new phenomenon of the European book trade. Dutch publishers early on included advertisements in the newspapers the printed, including announcements of new books and book auctions. Some very popular books were reprinted almost every year. However, in some cases we know about them only because they figure in an auction catalogue which mentions one or two editions or in the stock catalogues some publishers issued, yet another new medium. Pettegree and Der Weduwen realized how city councils paid for ordinances printed as broadsheets to be fixed at public buildings, thus offering to printers a reliable source of income. Almanacs, prayer books and catechisms, other religious works and all kinds of manuals may not have survived the centuries in large numbers, but these often small-sized works helped printers and publishers to survive. Printing a too large or a too small number of copies of a work catering for a more educated public might well ruin a firm or hamper its functioning for many years. Some inventories exist which show the large number of unsold books and paper stocks with many thousand sheets in the shops of printers who went bankrupt. Such numbers of sheets allow for extrapolating the annual number of books printed in the Dutch Republic. I do not want to spoil your reading with the actual number offered by the two authors!

An archival turn

The bookshop of the world is a fascinating book, not only for its views on the Dutch book trade, but even more for its vision of the Dutch Republic in which printed works formed a key element in communication. While reading the explanations of political developments and events in the seventeenth century time and again I marvelled at the natural way they underlined the important role of printed works. II even started wondering if this had been presented ever before in such a convincing way, yet based on painstaking and often daring research.

At Het Utrechts Archief a project for the description of some 5,000 Early Modern ordinances issued by the city of Utrecht and the States of the province Utrecht was finished in December 2017. It is more sensible to search for ordinances in archives, but as long scholars researching the Early Modern print world focused on books they first and foremost visit libraries. Archives would more readily make efforts to create finding aids for archival collection than spend money, time and expertise on describing pamphlets and ordinances. Not only ordinances were printed separately, resolutions of the Staten-Generaal and other States appeared thus in print. Last year the Huygens Institute / Institute for Dutch History in Amsterdam started the project REPUBLIC to digitize all early Modern resolutions of the Staten-Generaal. In 2018 Annemiek Romein (Erasmus Universiteit Rotterdam and Universiteit Gent) started blogging at Bona Politia about her project to create better access to Dutch legislation in all its forms during the Early Modern period.

Logo Trinity College Dublin

Pettegree and Der Weduwen did visit numerous archives and libraries all over Europe searching for copies of known printed works and copies of unrecorded editions, and they will continue to pursue the path of personal inspection. It is difficult to highlight any institution with unexpectedly rich Dutch collections, but I think legal historians will want to know about the Fagel Collection held at the library of Trinity College Dublin. In 1802 this library succeeded in buying en bloc the library of Hendrik Fagel (1765-1838). Fagel, the last of an illustrious line of griffiers, heads of the chancery of the Staten-Generaal, had to sell his voluminous private library built by him and his ancestors since the 1670s. Whether you look at his books, the ordinances, the pamphlet collection or the maps the riches are astonishing. At least 500 pamphlets in Dublin are not recorded anywhere else. The volume edited by Timothy R. Jackson, Frozen in Time: the Fagel Collection in the Library of Trinity College Dublin (Dublin, 2016) can tell you more about this private library, and the generous bibliography on the website of the Fagel Collection offers you still more.

Some reflections

At the meeting around the Short Title Catalogue Netherlands in March both the staff of the STCN and the USTC emphatically encouraged people to send their thoughts and comments about these database directly to them by email. I cannot and will not hide my enthusiasm about The bookshop of the world which rightly has been published also in a Dutch translation {De boekhandel van de wereld. Drukkers, boekverkopers en lezers in de Gouden Eeuw (Amsterdam 2019)], but of course it is possible to make some remarks. There is a clear need to be aware of the different qualities of the STCN and the USTC. Pettegree and Der Weduwen applaud the high standards of the descriptions in the STCN. Such information makes it possible to distinguish clearly between editions, editions with only a changed title page and new editions. In this sense the USTC and comparable catalogues need the power and skills of analytical bibliography. In its turn the USTC has started to become a truly universal catalogue for printed work published in Europe between the start of printing in the mid-fifteenth century and the year 1700. The original cores of the USTC are the two bibliographies of sixteenth-century French editions, French vernacular books : books published in the French language before 1601, Andrew Pettegree, Malcom Walsby and Alexander Wilkinson (eds.) (2 vol., Leiden, etc., 2007) and Books published in France before 1601 in Latin and languages other than French, Andrew Pettegree and Malcom Walsby (ed.) (2 vol., Leiden, etc., 2012). USTC casts its nets now considerably wider, but this would be unthinkable without such large-scale bibliographies produced over the years.

Logo STCV

At the meeting in March Steven Van Impe (Hendrik Conscience Erfgoedbibliotheek, Antwerp) told his public about the way the Short Title Catalogue Vlaanderen (STCV) is not just the Flemish counterpart of the STCN, not just a little sister doing a sister act, as he put it. From the start the STCV did not only include books, but also newspapers, broadsides and pamphlets. This was simply more feasible for the STCV because even now the total number of entries is after twenty years just below 50,000, whereas the STCN has a total content of closely to half a million works. The STCV publishes an online version of its manual for book description, and there is a yearly series of four seminars with each time fifteen participants willing to become bibliographers of Early Modern printed works. Thus the STCV team trains both scholars and staff members of institutions with relevant holdings in contributing to the STCV. In my view this training program is exemplary.

Among other things to note is the fact Dutch ordinances in the Early Modern period were printed from 1600 onwards which makes it much easier to read them. The excuse of not being able to read such legal resources is simply wrong. For such printed works it is now increasingly possible not to plod in a library through unwieldy printed volumes which sometimes lack sufficient indices or offer only a selection of ordinances. Instead it is wiser to go to an archive, ask for their copy of a publication with Early Modern ordinances and use their library to find editions of individual printed ordinances. You will appreciate the difference between reading an often much later edition of an ordinance, and handling the original edition, sometimes even in either a broadside or pamphlet format. You might imagine yourself listening to the city crier announcing the latest rulings, hearing them read by the vicar in your village church after the Sunday service or pushing with your elbows to get in front of the newest ordinances posted at the city hall or elsewhere in town.

A book with nearly everything?

Only when I had almost finished reading The bookshop of the world I noticed some omissions. The first concerns our knowledge about the books and book collections of women. The authors have not encountered any auction catalogue or other sources showing a woman’s book collection. It is possible to point to at least some catalogues pertaining to books held by Anna Maria van Schurman (1607-1678), the first female student at Utrecht University who became a polyglot author corresponding with many scholars. In Utrecht she lived for many years literally next door to theologian Gisbert Voetius, well known for his opposition to Descartes. PIeta van Beek succeeded with support from Joris Bürmann in her study ‘Ex libris’. De bibliotheek van Anna Maria van Schurman en de catalogi van de Labadistenbibliotheek (Ridderkerk 2016) in tracing six catalogues concerning her books and the collection of the Labadist sect she had joined in 1669. Van Beek edited the texts of the catalogues and even added images of two catalogues. The library of The Grolier Club in New York owns five of these very rare catalogues. Van Beek suggests when Anna Maria van Schurman left Utrecht in 1669 for Amsterdam to follow Jean de Labadie she probably asked a theology student to get her books auctioned under his name [Catalogus variorum & insignium librorum praecipue theologorum D. Aemilii à Cuylenburg (…) (Utrecht 1669; copy Wolfenbüttel, Herzog August Bibliothek)]. Two auctions with books from the Labadists took place at Altona, and thus they can escape scholarly attention when you search only within the Dutch Republic. It is perhaps useful to note here you can search freely even without licensed access to Book Sales Catalogue Online. You can even see some images of the books you find. This exceptional case confirms in particular how you must cast your nets as widely as possible to ascertain facts about Dutch book printing and ownership.

The second omission I noticed touches on the publication of legal works. In chapter 12 concerning the printed publications of people trained at university level theology and medicine get more attention than jurisprudence. Pettegree and Der Weduwen flatly state legal works in print were mostly imported from abroad, which is basically a correct statement for works in Latin, and that only few Dutch lawyers published their works in the Netherlands. Here it seems the authors did not notice for example the series Bibliografie van hoogleraren in de rechten (…) concerning the works published by professors of jurisprudence at a particular Dutch university, for which you can even find two volumes online (PDF), the Bibliografie van hoogleraren in de rechten aan de Universiteiten van Groningen en Harderwijk tot 1811, B.S. Hempenius-Van Dijk et alii (eds.) (Amsterdam 2013) and Bibliografie van hoogleraren in de rechten aan de Utrechtse Universiteit tot 1811, edited by Margreet Ahsmann, Robert Feenstra and Corjo Jansen (Amsterdam, etc., 1993). They could have used also Douglas Osler’s Catalogue of books printed in Spain, Portugal and the Southern and Northern Netherlands from the beginning of printing to 1800 in the library of the Max-Planck-Institut für Europäische Rechtsgeschichte (Frankfurt am Main 2000).

Title page of Willem van Alphen, “Papegay ofte Formulier-boeck van alderhande requesten (…)”, 1642 – copy Ghent, University Library

You can search for the works of Dutch legal authors of the seventeenth century in the STCN such as Paulus Voet, his son Johannes Voet, Arnoldus Vinnius, Antonius Matthaeus II and III, and others, and make up your mind about their presence. Surely it makes sense to distinguish between works on Roman and natural law, and publications about Dutch law, both in fact these authors often published about both subjects. Pettegree and Der Weduwen are right to look in this study in particular for the more popular works that were less likely to survive in libraries. Recently I looked at the models for legal actions at court compiled by Willem van Alphen, secretary of the Hof van Holland in The Hague, in his Papegay ofte formulier-boeck van allerhande requesten (…) (first edition The Hague: for J. Verhoeve, 1642; online, Ghent University), a book reprinted four times during the seventeenth century. In 2017 I have written here about the books written by Simon van Leeuwen, not a university professor. The STCN currently has some 4,560 titles from the seventeenth century with the subject code Law, and this figure should be viewed in the light of its overall total of printed works.

Let these remarks not stop you from benefiting from an important and most readable study! Some attention to legal books serving the needs of the ordinary notary or barrister would have completed Pettegree’s and Der Weduwen’s most readable and convincing vision of the Dutch Republic as a country with an explosion of printed works exerting influence at any level, and some major innovations in the world of books. Law and jurisprudence were part and parcel of this society which thrived on communication in print.

A postscript

On December 5-6, 2019 a conference will be held in Liège on Printing and disseminating the Law in the Habsburg Netherlands, the Dutch Republic and the Prince-Bishopric of Liege in the Early Modern period (16th-18th century). The call for papers is out, with as deadline June 30, 2019. You can send your proposals to Renaud Adam and Nicholas Simon.

John Noonan, judge and historian

John T. Noonan Jr. - photo Kenneth Pennington, 1998

John T. Noonan Jr – Erice,1998 – photo Kenneth Pennington

Should an historian act as a judge, pronouncing verdicts on the past? Should a judge express views about the past or even use the past for his judgments? How can legal history help judges? Can you imagine that knowing about the history of medieval canon law, a subject seemingly quite distant from modern times, can prepare someone to become a respected judge? For a moment you might think I seduce you to follow me in an experiment, but I had rather tell here about the experiences of a scholar and judge who dealt in his life with exactly the questions at the start of this post. On April 17, 2017 John T. Noonan Jr. died. He served for thirty years as a judge of the Ninth U.S. Circuit Court of Appeals in San Francisco. Before and during his period as a judge he did research in the field of medieval and modern canon law. Noonan (1926-2017) wrote also about American law in past and present. A number of obituaries have appeared which focus on his contributions as a judge. Here I would like to honour his achievements by looking at his work as a legal historian.

Near to major themes in law and society

The obituaries I have seen until now understandably focus on his work as a judge. In particular the obituary issued by the Ninth Circuit Court of Appeals mentions a number of major cases – with full references – to which Noonan contributed, sometimes with a dissenting opinion which was eventually followed by the Supreme Court of the United States. Even Wikipedia gives substantial quotes from these important cases in the article about Noonan. The obituaries in the San Francisco Chronicle and The New York Times single out his political independence. Noonan was a Catholic who opposed abortion, but he certainly could not be labelled conservative. In the Commonweal Magazine‘s obituary there is attention for Noonan’s clear views about liberalism, but also on Shakespeare and the lack of attention to the Bard’s religion. The Faculty Lounge has a short notice by Alfred Brophy about Noonan’s passing, but he redeems it by sending you to a moving tribute at the blog of Diane Marie Amann (University of Georgia). She goes straight to the heart of the matter by showing Noonan in action. If you prefer to skip the section here below about the impact of medieval canon law you are right to proceed to her fine post.

Noonan came from Boston and studied at Harvard University, Cambridge and the Catholic University of America. To mention only his academic posts, he was a professor at Notre Dame University between 1961 and 1966 and from 1967 onwards at the University of California at Berkeley (Boalt Hall). His first book was on a subject touching medieval canon law, theology and economic history, The scholastic analysis of usury (Cambridge, MA, 1957). In a modern textbook about medieval views of the economy [Diana Wood, Medieval economic thought (Cambridge, etc., 2002)] the two chapters about usury frequently refer you to Noonan’s book. Intention is one of the keys in understanding and defining usury and interest. His second book, Contraception. A history of its treatment by the Catholic theologians and canonists (Cambridge, MA, 1965; enlarged edition, 1986) appeared at a crucial moment in the history of the Catholic Church, in the aftermath of the Second Vatican Council when pope Paul VI created a commission to study contraception. He invited Noonan to participate in it as a consultant. Another study, too, brought medieval theology and canon law together [Power to dissolve. Lawyers and marriage in the courts of the Roman curia (Cambridge, MA, 1972)].

How authors come to a subject can be mysterious, but I think it is not entirely by chance that Noonan wrote about matters of life and death, in particular about moral conduct. Bonds dissolved or not are also at stake in his book on The Antelope : the ordeal of the recaptured Africans in the administrations of James Monroe and John Quincy Adams (Berkeley-Los Angeles, 1977). I could not resist going to the digital collection Slavery in America – discussed here in some detail last year – and to check for the presence of this case around a ship with slaves in 1820. Changing views on slavery are among the subjects in his study A Church that can and cannot change. The development of Catholic moral teaching (Notre Dame, IN, 2005). The personal conduct of judges through the centuries is the subject of Bribes. The intellectual history of a moral idea (New York, 1984). Many students of American law will know about his volumes with selected cases around religious freedom and the responsibilities of lawyers.

It is tempting to discuss here more of Noonan’s books which discuss developments in American law from a historical perspective, but I promised you to focus on medieval canon law. A fair number of Noonan’s articles can conveniently be consulted in the volume Canons and canonists in context (Goldbach 1997). Articles about medieval canon law appear not only in the few journals created for this field, but also elsewhere, sometimes in Festschriften. Thus the volumes in this series are most useful, also for the additions and corrections added by the authors. The bibliographical database of the Regesta Imperii (Akademie der Wissenschaften, Mainz) lists most of Noonan’s articles about medieval canon law.

Noonan wrote two major articles about the author of the Decretum Gratiani, a subject at the heart of the modern study of medieval canon law, because Gratian’s book is often seen as the core and cause of the very birth of medieval canon law. In the first article, ‘Was Gratian approved at Ferentino?’, Bulletin of Medieval Canon Law N.S. 6 (1976) 15-28, he investigates the historical evidence around a papal approbation of Gratian’s textbook. The second article, ‘Gratian slept here: the changing identity of the father of the systematic study of canon law’, Traditio 35 (1979) 145-172, is an object lesson in making distinctions about reliable and unreliable evidence. Noonan crushes sloppy thinking and careless repetition of unchecked information. Even his colleague at Berkeley, Stephan Kuttner, receives a frown at one point. Thirty years later Anders Winroth could establish at last some facts about the life of Gratian with certainty in ‘Where Gratian Slept: The Life and Death of the Father of Canon Law’, Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Kanonistische Abteilung 99 (2013) 105-128. Kenneth Pennington gives at his website a more colourful presentation of John Noonan’s work on Gratian, including the covers of some books and some remarkable photographs of Noonan.

Intention is a matter of concern in medieval canon law ever since its appearance in the twelfth century as a subject in medieval theology. It is through canon law that intention became a theme in criminal law. Judges were called upon to consider someone’s intentions. Stephan Kuttner, Noonan’s teacher in Washington, D.C., wrote the classic study tracing this development [Kanonistische Schuldlehre von Gratian bis auf die Dekretalen Gregors IX systematisch auf Grund der handschriftlichen Quellen dargestellt (Città del Vaticano 1935)] and Noonan clearly studied it in great depth. For Noonan the facts and intentions counted in judging historical situations. In his view facts matter indeed, because he wanted to judge cases, not persons. Some of his views of famous American judges can be found in Persons and masks of the law : Cardozo, Holmes, Jefferson, and Wythe as makers of the masks (New York, 1976). Noonan did not keep ethics and moral questions at a safe distance. Making the right judgments is only possible when knowledge of the law, insight into what consist justice and a fine-tuned and ever developing conscience come into action, or to put it more briefly, where mind and heart fully work together. It is exactly how Noonan impressed those who met him. Being a judge and a historian in one person is challenging, but he had the greatness to achieve this in a long and fruitful life.

Two laws and one trial

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

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

A clash of emerging empires

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

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

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

Treaty with Banda, 1616

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

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

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

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

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

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

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

Header TANAP Archives

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

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

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

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

Meanwhile in Holland

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

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

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

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

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

Some conclusions

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

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

A postscript

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

Soon after publishing my post Adam Clulow contacted me. He has taken the time and trouble to add some of the explications on legal matters I deemed necessary, and he added clear references to the original sources. These changes help indeed to make the Amboyna Conspiracy Trial well worth your attention!

The Schelde river, a disputed boundary

The Low Countries owe their importance not only to political developments. Geographic conditions play a major role, too. The picture of the Netherlands as a country below sea-level in the Rhine and Meuse estuaries has become a cliché. More to the south another river, too, had formed a mighty estuary. The Schelde, in English often spelled Scheldt, and in French known as the Escaut, has formed an estuary in Flanders and in the Dutch province Zeeland. In particular the Westerschelde has played an important role in Dutch and Belgian history. Cities such as Ghent and Antwerp own part of their prosperity to their position on the Schelde river. The Westerschelde is at some points the border river between Belgium and the Netherlands. In this post I will look at a number of the conflicts around this river.

Scheldt River Collection, Peace Palace LibraryTracing the history of these conflicts has become easier thanks to the Peace Palace Library in The Hague which has created a digital Scheldt River Collection with some 300 publications, 35,000 digitized pages in all. These publications are not only in Dutch and French, but also in other languages. The Peace Library devoted in 2015 a Library Special on its website to the Schelde with a link to a report on the current situation of this river and a list of the main conflicts and events since 1585, The Scheldt estuary case: From conflict to cooperation. In this contribution I will look both at the history of conflicts about the Schelde and at the digital collection of the Peace Palace Library.

Centuries of conflicts

The navigation on the Schelde had been already an issue long before the Belgian independence in 1839. During the Dutch Revolt in the sixteenth century the blockade of the Schelde massively damaged the trade to and from Antwerp, and prompted many Flemish merchants to go to the North. Amsterdam’s growth in economic power around 1600 is to a substantial degree due to an influx of merchants from Flanders, their talents and networks. However, this period does not come into view in the digital collection. The Peace Palace Library has digitized books from its own collection. Apparently fifteen works from 1784 and 1785 are the earliest available. Among these works is a treatise by someone more famous for his role in French history. Honoré Gabriel de Riqueti, comte de Mirabeau (1749-1791) published a treatise with the title Doutes sur la liberté de l’Escaut, réclamée par l’empereur; sur les causes & sur les conséquences probables de cette réclamation (London 1785). It was this work that brought Mirabeau to the attention of the general public in France. The Peace Palace Library digitized also a contemporary Dutch translation of this treatise. Some of the digitized publications discuss the role of the Schelde in Dutch and Belgian history starting with the medieval period, for example Charles Terlinden’s study ‘The History of the Scheldt’, History 4 (1920) 185-197, 5 (1921) 1-10, which sparked immediately a reaction from a Dutch historian, F. de Bas, ‘Another version of the Scheldt history’, History 5 (1921) 159-170.

The rivalry between the Dutch North and the Flemish South has not been the only cause for conflicts. The Dutch neutrality during the First World War made matters even more acute. After the First World War the attempts at a new treaty about the Schelde and the proposals to build a canal between the Schelde and the Rhine-Meuse estuary failed in the end in 1927 after heated national debates. More than one hundred publications in the digital collection bear witness to this prolonged affair. Legal historians, too, looked at the Scheldt question. The digital collection contains two publications by Ernest Nys, ‘Les fleuves internationaux traversant plusieurs territoires : l’Escaut en droit des gens’, Revue de droit international et de législation comparée 5 (1903) 517-537 (1903), and L’Escaut en temps de guerre (Brussels 1910). In 1940 Eduard Maurits Meijers published his study ‘Des graven stroom’, Mededelingen van de Koninklijke Nederlandse Akademie der Wetenschappen, Afdeling Letterkunde, new series, 3/4, pp. 103-205, in which he traced the medieval claims and jurisdictions on the several branches of the Schelde. Meijers thoughtfully added transcriptions of the main documents he discussed. In 1953 Chris van der Klaauw, between 1977 and 1981 the Dutch minister of foreign affairs, defended his Ph.D. thesis in history about the interwar relations between the Netherlands and Belgium [Politieke betrekkingen tussen Nederland en België, 1919-1939 (Leiden 1953)].

Map of the Schelde estuary, 1784

The search function for this digital collection is rather restricted. There is only a free text search field. A bit more disturbing is the chronological order of presentation. At the very end of the chronological list you will find some publications with the year of publication marked 19XX and also those with the year of publication between parentheses. All digitized publications are only available as PDF’s. It would be very helpful to have a map of the Schelde estuary, or better, a series documenting not only the changing Dutch and Flemish frontiers, but also the changing shapes of the various isles of Zeeland, lands newly reclaimed and added as polders, and the changing river branches. Mirabeau already added a map to the first edition of his treatise in 1784. The second edition mentioned the presence of a map explicitly in the title. As a solace I offer here a screen print of the map in the digitized copy of the first edition. If you want to pursue a search for digitized old maps you might want to look about my contribution of last year about 200 years Dutch cartography and historical-geographic information systems.

Banner EHB

How wide is the coverage of this digital collection? I could not help thinking of visiting the website of i-Hilt, the center for the History of International Law at Tilburg University. In July 2016 the center launched a new version of its online bibliography, a PDF with nearly 400 pages. I had not expected to find just one publication referring directly to the Schelde, Alain Wijffels, ‘Flanders and the Scheldt Question. A Mirror of the Law of International Relations and its Actors’, Sartoniana 15 (2002) 213-280. It might look like a classic example of having a famous case almost at your doorstep – the distance from Tilburg to the Schelde is some fifty kilometers – and somehow almost overlooking it… Randall Lesaffer provides very useful basic reading lists for the history of international law, including historiography and methods. The links section of i-Hilt is also worth checking. I checked the Digitale Bibliografie voor de Nederlandse Geschiedenis, and alas I could find just thirty publications about the Schelde, and even less for studies dealing with the conflicts. One of the articles not to be missed is by Frits Doeleman, ‘Zeggenschap op de Honte’, Tijdschrift voor Rechtsgeschiedenis 43 (1975) 24-43. Its very title is a warning to look beyond the mere word Schelde! Cardholders of the Dutch Royal Library and users at subscribing institutions can use the bibliographical and iconographical database of the former NCRD, with for the Schelde nearly 70 items, most of them publications, but alas since some ten years not updated. Of course I looked also at the Belgian counterpart of the DBNG, the Bibliographie de l’Histoire de Belgique / Bibliografie van de Geschiedenis van België – BHB-BGB with its trilingual interface and more relevant results than in the DBNG. These bibliographies can be found at the portal European Historical Bibliographies. Returning to the question of this paragraph I think it is safe to conclude that the Peace Palace Library performs a real important service for scholars in presenting this digital collection.

I checked also for the presence of digitized books concerning the Schelde in Delpher, the digital library of the Dutch Royal Library, but I noticed only few of the books now available online thanks to the Peace Palace Library. At Delpher in particular the relevant works published around 1785 are present, and they can be viewed in more ways. The library catalogue of the Zeeuwse Bibliotheek contains only a few books dealing with the Schelde problems, and unfortunately I could not reach the website of this fine library in Middelburg. The Zeeuws Archief has in fact more relevant publications in its holdings. The archival collection concerning pilots on the Schelde is particularly interesting [Rijksloodswezen, 6e District, Monden van de Schelde, (1808) 1835-1950 (1966)].

In Belgium you should look in particular at the websites of the Felixarchief, the municipal archive of Antwerp, the Erfgoedbibliotheek Hendrik Conscience, and the Museum aan de Stroom, situated on a quay of the Schelde. These websites have multilingual interfaces. The Anet meta-catalogue enables you to search with one action in many libraries at Antwerpen, including the university library. The Flemish digital library Flandrica, too, contains some items documenting Flemish history around the Schelde river. The Short-Title Catalogue Vlaanderen (STCV) helps you tracing books printed in Flanders between 1500 and 1800.

After looking at this new digital collection I am aware much more can be said about the Dutch province Zeeland which indeed is a province of islands and sea. Floods took sometimes a great toll on the areas adjacent to the several branches of the Schelde. Whole polders have thus disappeared. Ironically there is a modern dispute about the last polder reclaimed from the Westerschelde, the Hedwigepolder. The history of international law is one of the many possible approaches to the history of a river which both connected and divided the Low Countries. The Schelde connects and divides even today in some respects.

The legal world around American slavery

The advertisement for the slavery digital collection

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

Making a tour

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

The start screen of the slavery collection

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

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

A complete collection?

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

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

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

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

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

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

Logo of The Revised Dred Scott Collection

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

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

Cases and statutes in context

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

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

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

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

Legal materials in open access

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

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

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

A postscript

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

In the November 2016 newsletter about the collection HeinOnline points to additions and offers some guidance, in particular for the Slavery Quick Finder tool. In an image with an example the topic happens to be cases and trials based on one of the Fugitive Slave Acts. I tried to find one of these acts with this tool, but alas to no avail. The section with major statutes contains the statute of June 28, 1864 [13 Stat. 200; Chapter 166, 38 Congress, Session 1] which repeals the Fugitive Slave Acts of 1793 and 1850, with the year 1850 explicitly mentioned in the title, yet the 1850 document is still absent in this section. The links selection contains now sixteen links including some of the websites I mentioned here. In January 2017 the Fugitive Slave Act of 1850 was finally included at Slavery Online.