Tag Archives: International law

Celebrating the Utrecht peace treaty of 1713

Many ways lead to the Peace of Aix-la-Chapelle (1748) is the translated title of a recent post by Klaus Graf. The post is an example of Graf’s approach to answer a seemingly simple question, to find an electronic version, either a e-text or a digitized version, of the peace treaty signed at Aix-la-Chapelle (Aachen) in 1748. The website Europäische Friedensverträge der Vormoderne (Early Modern European Peace Treaties) of the University of Mainz brings you to manuscript versions of several peace treaties, to separate printed versions and to printed versions in one specific treaty collection, the Theatrum Europaeum. In order to find a printed version, and preferably the one scholars normally use, Graf used both Google Books and Wikipedia to find what he was looking for. Fairly early in his posting Graf points to my weblog for a search strategy when looking for digitized early editions. However, you will not find there immediately a set of neat directions to find digitized editions of peace treaties, but you can certainly use some of the portals and gateways described and used to search for them.

In today’s post I will try to follow-up my rejoinder to Graf’s post at the blog of the AGFNZ in which I point to a number of treaty collections in print, and to create a kind of short guide to digital editions of historical peace treaties. Graf looked for a treaty from 1748, but as we approach the commemoration of the Peace of Utrecht (1713) the overview I propose here might be useful, too. At the end of this rather long post I will try to create an overview of the several online versions of the 1648, 1713 and 1748 peace treaties, and an overview of a number of digitized early modern treaty collections.

One of the things I am arguing in my post is that peace treaties in Early Modern Europe encompassed both multilateral and bilateral treaties. You leave out a lot when you talk about the treaty of Münster, Utrecht or Aix-la-Chapelle, and in fact you are unclear about which specific treaty you are talking. I have included a discussion of the Utrecht peace treaties – the plural is really justifiable – because it ushered a period of almost 25 years with a relatively stable balance of powers. In fact it is the first and classic example of the balance of powers or concert of nations, a contemporary expression. In this rather long post you will also notice the importance of French. The Peace of 1713 definitely established French as the main language for diplomacy well into the twentieth century. For the Dutch Republic the treaties concluded at Utrecht implied a setback in European politics from a major role to a more modest position. In 1713 the French coined the proverbial phrase de vous, chez vous, sans vous: about you, in your place, but without you…

Peace treaties in print and online

Anyone more familiar with Early Modern Europe than I will soon notice when reading my rejoinder in German that I have overlooked a number of websites with online guides to digitized historic materials. Just mentioning the Multilaterals Project of the Fletcher School, Tufts University, the few relevant links given in the Electronic Information System for International Law of the American Society for International Law and their own treaties links collection – however fine it is for modern history and contemporary law – is indeed not enough. Here I will try to make up for my oversight. In particular the German portal historicum.net and the links collection Frühe Neuzeit Digital of the Herzog-August-Bibliothek, Wolfenbüttel, form very useful gateways in this field.

The Peace of Westphalia

The Westphalian Peace of 1648 is perhaps the most important early modern peace treaty, and maybe also the one best served in contemporary and critical editions. In my comment at the AGFNZ I used a guide by Winfried Baumgart, Bücherverzeichnis zur deutschen Geschichte. Hilfsmittel-Handbücher-Quellen (12th ed., Munich 1997). Baumgart provides you not just with the titles of major source collections but gives information about the contents of individual volumes of these sometimes vast collections. Thus you can search more quickly in the six volumes edited by Johann Gotttfrid von Meiern of the Acta pacis Westphalicae publica oder Westphälische Friedens-Handlungen und Geschichte (…) (Hannover 1734-1736; reprint 1969). Even the firm which has led to a new verb for searching the web does not provide an online version of this edition. The Karlsruher Virtueller Katalog, the EMTO at Hagen, the Zentralverzeichnis Digitalisierter Drucke, the Europeana and Hispana gateways to digital collection all splendidly overlook the digitized version pointed at by the portal at Wolfenbüttel: the Universitätsbibliothek Augsburg has not only digitized the six volumes of Von Meiern, but also the Theatrum Europaeum by Johann Philipp Abelinus and others (21 vol., Frankfurt am Main 1646-1738), a major work on European and German political history, and the major treaty collection edited by Johann Christian Lünig (ed.), Das Teutsche Reichs-Archiv (23 volumes and index, Leipzig 1710-1722), the latter is still being digitized, one has reached the twelfth volume. The engravings of the Theatrum Europaeum have also been digitized separately in a higher resolution. How thoughtful, too, of the Universitätsbibliothek Augsburg to create a modern PDF version of the pioneer study on the Theatrum Europaeum by Hermann Bingel, Das Theatrum Europaeum. Ein Beitrag zur Publizistik des 17. und 18. Jahrhunderts (Lübeck 1919; reprint Liechtenstein 1982)!

Since 1962 the Arbeitsstelle Westfälischer Frieden von 1648 has published an ongoing series of critical source editions of not only the treaties, but also correspondences, protocols and diaries under the title Acta Pacis Westphalicae (APW). At their website you can consult the various versions of the main peace treaties of Münster and Osnabrück, the Instrumentum Pacis Monasteriensis (IPM) and the Instrumentum Pacis Osnabrugensis (IMO), together with a number of early translations. To my surprise a Dutch contemporary version is missing, but on second thought no Dutch version was ever ratified, and therefore it has been excluded from the APW. The Short Title Catalogue Netherlands (STCN) records at least ten editions. Together with a facsimile of a German and a Latin version a contemporary Dutch version – with a title page different from the titles mentioned in the STCN – has been published in the volume Der Frieden von Münster / De Vrede van Munster 1648 (…), Gerd Dethlefs (ed.) (Münster 1998). Earlier on a Dutch edition of the Münster treaty was published by C. Smit (ed.), Het vredesverdrag van Munster, 30 januari 1648 (Leiden 1948). When searching for a digital version of the Hannover edition at BASE, the Bielefeld Search Engine, it appears that almost all volumes of the APW, the modern critical edition, have been digitized at Munich for the Digitale Sammlungen, but one can only use this digitized version within the rare book room of the Bayerische Staatsbibliothek.

Better than lingering too long at this state of affairs is pointing to the German portal Westfälische Geschichte which brings you to the history of the region Westfalen, with several databases and among much else transcriptions of some of the treaty documents of 1648.

A few questions halfway…

Is it possible to indicate a quicker road to reliable texts of peace treaties? In this post I focus on treaties from the Early Modern Period (1500-1800). Treaties were concluded in Latin, French. German and other languages, English being only the original language for a relative minority of cases. The first port of call for legal historians searching for English versions of peace treaties is probably the Avalon Project of Yale Law School. Starting maybe with the treaty of Aix-la-Chapelle in 870 you can find a number of translated peace treaties, with references to the translations used, but alas no page numbers. The Avalon version of the Westphalian Treaty of 1648 sadly lacks even a reference to the source of the translation. However useful the translation is in itself, this falls short of its own standard, but worse is the fact that the 1648 treaty is the last seventeenth century treaty present. In the section for the eighteenth century you will search in vain for the 1713 Peace of Utrecht and the Peace of Aix-la-Chapelle in 1748. For later periods Avalon serves a good choice of treaties with a focus on treaties with the United States as one of the parties involved.

A perfectly sensible search strategy is checking the Eurodocs website of the Brigham Young University. For the Netherlands this does not bring you immediately to any peace treaty. Regelgeving in de Nederlanden, one of the websites mentioned is concerned with all kinds of regulations from the Low Countries, but it contains only the peace treaty of 1654 after the First Anglo-Dutch War, and a peace treaty from 1666 with the bishop of Münster from 1666. Luckily Eurodocs has a page with links for Europe as a supranational region, and we will meet a few of the sites and texts indicated later in this post. Some links do not function – no text of the Westphalian treaty at the Fletcher School of Tufts University – and many links point to the versions at Avalon, and in the end the number of peace treaties is restricted. I hoped to find more at the Internet Modern History Source Book of Paul Halsall (Fordham University), but it looks more like I have hit upon one of its few weaknesses. The European Historical Institute at Florence has built a useful directory of websites with primary sources for European history, but it offered me small help for this search. Due to a drastic cut in funding Intute, the wonderful British database service for the humanities, has since July of this year no longer been updated. I did not find much for today’s quest, but I should at least mention the digital collections of the United States Institute of Peace with a Peace Agreements Digital Collection for treaties since 1989, documents of truth commissions and oral history projects in conflict areas.

Much as I would have liked to find a quick road or even several gateways to peace treaties from the Early Modern period the websites that one might readily expect to contain relevant materials do this only in a very restricted sense. At this point I would like to stress the fact that today’s quest is initially for digitized old editions, not for online versions (e-texts), modern translations or for archival records of peace treaties, both perfectly sensible resources when looking for peace treaties.

In a variety of qualities are the texts available at the several national versions of Wikisource. The German Wikisource has more than 200 treaties, among them a transcription of the German text of the Westphalian Treaties of 1648 taken from a contemporary edition digitized at the University of Münster. The English Wikisource contains 36 texts within the category of peace treaties. If you check the category for treaties you can find more peace treaties if you know the years in which they were concluded, and thus – to cut a long road short – you will find in the English Wikisource versions of the two main peace treaties of the Peace of Utrecht of 1713, one between France and Britain, and the other between Spain and Great Britain, without a clear indication of the sources used.

When talking about a peace treaty you simply have to be aware that it can actually consist of several treaties. Unfortunately the exact source of these English translation has not been indicated. You could remain blissfully unaware of the fact that you are dealing with a translation. It is the historian’s trade to distinguish between the original version, be it a handwritten record, a typescript or whatever medium involved, and a changed version, between drafts and definitive versions, between ratified and unratified versions, between official editions, official translations, contemporary officious and other translations. Just telling you saw a version at a particular URL will not do. More is needed and can be done.

The Digithèque des matériaux juridiques et politiques is a website maintained by Jean-Pierre Maury (Université de Perpignan). The section on historical and modern treaties presents a nice choice. For the Peace of Westphalia Maury distinguishes neatly between the two main treaties signed at Münster and Osnabrück, he indicates even that the originals are in Latin and French, but he omits any reference to the sources he used for establishing the text. The 1748 peace treaty of Aix-la-Chapelle did not make it into his selection, the peace treaties of Nijmegen (1678) and Rijswijk (1697) were found fit for inclusion, but all these texts lack references.

The Peace of Utrecht, 1713

From 1701 the War of Spanish Succession involved Spain, Portugal, France, Savoy, the Dutch Republic, the German Holy Roman Empire and Great Britain. Within the Dutch Republic in particular the States of Utrecht favoured a negotiated peace. They even bypassed the Dutch States General and opened secret negotiations with France. This is probably one of the unspoken reasons why Utrecht was chosen in 1712 as the city for official peace negotiations. The coming of the delegations were a boost for the local economy. Indeed the memory of lavish feasts seems to be thus strong that it inspired the committee for the commemoration of the peace of 1713 to support numerous cultural events in Utrecht years ahead of 2013. On the special website you find barely any mention of the peace treaty and its context. The Peace of Utrecht did not deal with all issues at stake. Some matters were dealt with in the Peace of Rastatt (1714).

At Europäische Friedensverträge you will find not just the several treaties concluded on April 11, 1713, but also the earlier truces, 22 texts in all, among them even the first later annulled version of the treaty between Savoy and Spain. To British readers the Peace of Utrecht holds its interest from an article in the peace treaty concluded on July 2, 1713. In article 10 the Spanish king ceded all its rights on Gibraltar to Great Britain. The Theatrum Europaeum gives a text version in German (XX,436-). The website at Mainz points to the website for Legislación Histórica de España with a link to the digitized image of a printed edition (Madrid 1713) with the official Spanish text.

When I read Graf’s post I was at first very surprised, in fact short of alarmed, that he had tried to find a text using Google Books and Wikipedia, two devices which he has often scorned, but I realized maybe he wanted to give them a second chance, and if they could help him to (reliable) texts of the 1748 peace treaty his goal would be achieved. Per aspera ad astra! Thanks to Wikipedia I found the website Heraldica of François Velde where scans of the treaties of both the peace of Utrecht and Rastatt have been put together; the scans were originally made for Gallica from Henri Vast (ed.), Les grands traités du règne de Louis XV (3 vol., Paris 1893-1899) and from George Chalmers (ed.), A collection of treaties between Great Britain and other powers (2 vol., London 1790). The Dutch Wikipedia has a link to a French edition printed at Rochelle in 1713 digitized for Canadiana, a website for digitizing Canadian history and heritage.

One of the things I worried about was and is finding a Dutch text of the Peace of Utrecht. You can find all kind of treaties and ordinances in the nine volumes of the Groot placaet-boeck (…) (The Hague 1658-1796) for which Johannes van der Linden made a repertory (Repertorium of generaal register (…) (Amsterdam 1796). The volumes have been digitized by the department for Special Collections of Utrecht University Library. You will find in volume V the earlier guarantees (V, 444-449 – in French), the April 11 treaty between the Dutch States General and France (V, 456-467 – in Dutch) , a commercial treaty (V, 476-492 – in Dutch) and a new alliance signed June 17 (V, 492 -495 – in French). GPB V, 495-506 gives a Dutch version of the Rastatt treaty between the Holy German Empire and France (March 6, 1714). In view of the number and variety of treaties and their impact on the Dutch Republic the selection in the Groot placaet-boeck is rather meagre.

The Peace of Aix-la-Chapelle (1748)

It would be tedious to repeat and translate here everything brought together in the post Klaus Graf published. Here I will just expand his references and add a few things. Graf found an English version of the main peace treaty concluded on October 18, 1748 (London 1749) and the reprint of it by Chalmers, A collection of treaties I, 424-450. A Dutch version is printed in Martinus Stuart (ed.), Jaarboeken van het koningrijk der Nederlanden 2 (Amsterdam 1815) 1065-1082. The text edition favored by Graf is the one by Alfred Francis Pribram (ed.), Österreichische Staatsverträge I, England I, 1526-1748 (Innsbruck 1907) 789-807. The edition by Rousset is in his Recueil historique d’actes (…) XX, 179-204. I will discuss this treaty collection in the next paragraph. In fact Rousset has devoted the pages 147 to 348 to acts concerning this peace treaty. I can only add a Dutch version in the Groot placaet-boeck, volume VIII, 246-253.

Treaty collections

The website in Mainz offers a mer à boire, but the Theatrum Europaeum offers only German translations. Can more be found? At historicum.net is a page with a number of quick links to the major peace treaties between 1500 and 1800. By now you are aware that you will have to look out for several treaties under the denominator of a particular peace; on the page in question the links are to specific treaties, not to the general pages at Mainz with the relevant lists for each peace treaty. Historicum.net has a broken link to the Base Choiseul, a database of the French Ministry of Foreign Affairs, in which you will find all French treaties signed before 1915. The Base Choiseul give you either a number of documents in PDF – which unfortunately do not open – or it points you to other relevant treaties with references to their appearance in major treaty collections. This list has been dressed very generously. It boils down to a very comprehensive list of pre-1950 treaty collections. The Base Choiseul gives you also a number of country bibliographies.

Gallica was already briefly mentioned as a possible place to find digitized treaty collections. The scan quality at Gallica can be indifferent to simply insufficient, and let’s therefore treat it as a kind of last line of defense if you cannot find it anywhere else within a reasonable time span.

The alphabetical list of works given at the Base Choiseul mentions a work by Friedrich August Wilhelm Wenck, Codex juris gentium recentissimi (…) (3 vol., Lipsiae 1781-795). It is concerned with treaties between 1735 and 1772. The Treaty of Aix-la-Chapelle (1748) is found in the second volume for the years 1743-1753. Graf detected Wenck using the proverbial websearch machine and its subdomain for books. He guessed he would have found it earlier using Gallica, but in fact Graf was very happy with the version digitized at Ghent. I found it also digitized at the University of Michigan using the Hathi Trust Digital Library. By the way, Wenck translated Gibbon in German. To me this way of searching seems too hazardous. Surely there is a way to find Wenck and other major treaty collections using a few portals for digital collections , the Karlsruher Virtueller Katalog, BASE and the Hathi Trust. I will start with the titles I mentioned in my German comment to Graf’s post. If my strategy succeeds I will add a few other titles.

The Corps universel diplomatique du droit des gens (8 vol., Amsterdam-La Haye 1726-1731) was started by Jean Dumont and contains treaties from 800 to 1730. The very fact you are searching for a multivolume work makes the search for a digitized version of all eight volumes not easier. It appears that even the volumes digitized at Gallica still are not a complete set.

The sequel to the Corps universel diplomatique is J. Rousset de Missy and others (eds.), Recueil historique d’actes, négotiations, mémoires et traités (21 vol., La Haye-Amsterdam 1728-1755). Among the editors are Bernard Picart and Jean de Barbeyrac. This is the moment to underline the importance of a very significant turn in Graf’s search action, the decision not to stay with the digitized version of Rousset as presented by Google Books, but to go to the website of the original library where the digitized books stem from. In the catalogue of the Universiteitsbibliotheek Ghent you find a very clear listing of the volumes involved, digitized at the UCLA. In fact the online catalogue university library at Ghent does even guide you to digitized versions of books available at the Hathi Trust Digital Library. The Ghent partnership goes beyond Google Books. Other versions of Rousset accesible through the Hathi Trust are incomplete.

Graf wondered whether there is another work used as often or relied upon so much as Wenck’s for treaties of the mid-eighteenth century. The article on him in the Allgemeine Deutsche Biographie tells about the praise Wenck got from George Friedrich von Martens, the publisher of the [Nouveau] recueil des principaux traités conclus par les puissances de l’Europe dépuis 1761 (first series, 7 vol., Göttingen 1791-1801). The second edition appeared in Göttingen between 1817 and 1835 and has been digitized by the University of Michigan; the link is to the compact overview offered at Ghent University. The series nicknamed the Recueil Martens has known until 1943 several continuations and additional tables, all indicated in Baumgarts Bücherkunde and the bibliography of the Base Choiseul. Digitized versions of some of the newer series in the Recueil Martens, too, can quickly be found using the services of the university library at Ghent. For modern German translations of Early Modern treaties one can turn to the so-called Vertrags-Ploetz. The full title of the relevant volume is Konferenzen und Verträge, Vertrags-Ploetz : ein Handbuch geschichtlich bedeutsamer Zusammenkünfte und Vereinbarungen, 2,3: Neuere Zeit 1492-1914, Helmut K.G. Rönnefahrth and H. Euler (ed.) (2nd ed., Würzburg 1958).

The four volumes of the first editions of Fred L Israel and Emanuel Chill (eds.), Major peace treaties of modern history, 1648-1967) (4 vol., New York, etc., 1967) is not yet available online. The third edition appeared as Major peace treaties of modern history, 1648-2000 (5 vol., Philadelphia 2002). Perhaps this is the moment to point to the volume of essays edited by Randall Lesaffer, Peace Treaties and International Law in European History. From the Late Middle Ages to World War One (Cambridge, etc., 2004). Niels Fabian May deplored in his 2005 review for H-Soz-u-Kult the use of editions like Dumont and The Consolidated Treaty Series when many treaties are available in better editions, but this remains a tantalizing remark. May does overlook how Heinz Duchhardt points in his contribution for the 2004 volume to the collection edited by Henri Vast, and to contemporary document collections concerning major treaties such as Nijmegen, Rijswijk and Utrecht. For the Peace of Utrecht appeared the Actes, mémoires et autres pièces authentiques concernant la Paix d’Utrecht (6 vol., Utrecht 1714-1715), digitized at the Hathi Trust. Earlier Lesaffer published Europa, een zoektocht naar vrede? (1454-1763 en 1945-1997) [Europe, a search for peace? (1454-1763 and 1945-1997)] (Louvain 1999).

Searching a text of the Peace of Aix-la-Chapelle prompted Klaus Graf to write his post. The main edition turned out to be the one by Wenck (vol 2., 337-431). The Base Choiseul refers also to Alexandre and Jules le Clercq (eds.), Recueil des traités de la France (23 vol., Paris 1864-1907), vol. 1, 65-79 – digitized at Munich – and Christoph Guillaume de Koch (ed.), Abrégé de l’histoire des traités de paix entre les puissances de l’Europe depuis la paix de Westphalie (4 vol., Basle-Paris-Strasbourg 1796-1797), vol 1, 446-451, digitized at the New York Public Library. These editions offer clearly less than Wenck.

And there is more!

This post is the longest since I started my blog in December, 2009. If you are only familiar with English and your French and German, not to mention Spanish and Dutch, are weak or simply absent, you have been quite patient if you have come this far, but surely you have arrived here somewhat exasperated. Are there no English collections before The Consolidated Treaty Series, edited by Clive Parry (231 vol., Dobbs Ferry, N.Y., 1969-1981)? I did mention the collection edited by George Chalmers, A collection of treaties between Great Britain and other powers (2 vol., London 1790) for which you can choose between three digitized versions available at the Hathi Trust Digital Library.

Much older is the collection of treaties in the work edited by Thomas Rymer and Robert Sanderson, Foedera, conventiones, literae et cujusque generis acta publica (…) (20 vol., London 1704-1735; 10 vol., Hagae Comitis, 1739-1745). I have not found a complete digitized set of the first edition available through open access. Only a number of volumes have been digitized for the public domain at Gallica and the Hathi Trust, partially from the first and partially from the second edition. In German research libraries you have access to a complete digitized set of Rymer’s Foedera, and in Eighteenth Century Collections Online those lucky enough to have access to it through a subscribing library can use the volumes of the second edition (20 vol., London 1726-1735) and also the index volumes.

The fact that many treaties were concluded in French is probably one of the reasons of the scarcity of British collections of treaties, but stronger is the view that such works were only useful and fit for print when they directly touched Great Britain. You can find several collections for particular subjects, such as treaties with India, with Malabar and commercial treaties. One of the first more general collections after Rymer is John Almon’s A Collection of all the treaties of peace, alliance, and commerce between Great Britain (…) (2 vol., London 1772), digitized at the Hathi Trust. In view of the sheer length of this post I leave it to the reader to look in this digital library or elsewhere to find digitized versions the more narrow scoped collections such as Hertslet’s commercial treaties (31 vol., London 1827-1925) or Charles Jenkinson’s work with the same title as Almon’s (2 vol., London 1785).

Less is more?

There is a vast difference between the text of a treaty as shown in a source book aimed at students, the same treaty in a general treaty collection, a contemporary archival record or edition, and a critical text edition with all due scholarly notes, commentaries and additional materials. Depending on the use you are going to make of a passing reference to a treaty or a direct quote from a treaty you are studying for its own sake you face a wealth of materials and a number of choices you have to make. In this post I have focused on treaties from Europe between 1500 and 1800, but treaties are extant from Antiquity to today. Special websites and guides are devoted to UN treaties and treaties of the European Union. It has not been easy to keep focus at just three peace treaties, from 1648, 1713 and 1748. Klaus Graf has dealt splendidly with the Peace of Aix-la-Chapelle (1748) and here I could only summarize and corroborate his results. The following overview deals first with these three treaties, followed by a summary of the main general treaty collections and their digital presence in this century, and a list of a few useful link collections for quick orientation. I have skipped the online versions without any reference to the sources used.

1648: The Peace of Westphalia

  • Europäische Friedensverträge lists all documents and gives digitized versions of archival records and the German translation in the Theatrum Europaeum
  • The Acta Pacis Westphaliae edition (Münster 1962-) is the critical source edition; the text of the main treaties, the IPM and the IPO, are digitized at the APW website together with a number of early translations – the source edition itself has been digitized in 2014 by the Bayerische Staatsbibliothek in Munich
  • On the German portal for the history of Westfalen is a special section with information on the context and quick links to the main treaties and some of the separate treaties
  • The German Wikisource has got a transcription of a contemporary German translation (Frankfurt am Main 1649) digitized at Münster
  • The Base Choiseul offers a quick guide to the treaties and refers to old editions, among them for the IPM Dumont, Corpus universel VI,1, 450-461; Vast, Les grands traités I,12-157; the IPO is not included
  • The Dutch Groot-Placaetboeck… (GPB) – digitized at Utrecht – contains only the separate treaty of January 30, 1648 between Spain and the Dutch Republic (I, col. 79-108); see for a Dutch version of the IPM the volume edited by Dethlefs in 1998 and Smit’s edition (1948).
  • Johann Gottfrid von Meiern, Acta pacis Westphalicae publica oder Westphälische Friedens-Handlungen und Geschichte (…) (6 vol., Hannover 1734-1736; reprint 1969) – a copy of the original version has been digitized at Augsburg

1713: The Peace of Utrecht

  • Europäische Friedensverträge gives a detailed list of all treaties involved, with a German translation in the Theatrum Europaeum, digitized archival records and printed contemporary versions
  • The Base Choiseul gives only the treaties where France was involved, but provides references to old editions: the treaty involving the Dutch Republic is in Dumont, Corps universel VIII,1, 366-377; the treaty with Great Britain is in Dumont, Corps universel VIII,1, 339-345; De Clercq, Recueil des traités I,1-10
  • At Heraldica you can find quick links to scans from Vast, Les grand traités and Chalmers, A collection of treaties, both digitized for Gallica
  • The Actes, mémoires et autres pièces authentiques concernant la Paix d’Utrecht (6 vol., Utrecht 1714-1715) have been digitized at the Hathi Trust Library
  • The GPB contains in volume V versions of the earlier guarantees (V, 444-449 – in French), the April 11 treaty between the Dutch States General and France (V, 456-467 – in Dutch) , a commercial treaty (V, 476-492 – in Dutch) and a new alliance signed June 17 (V, 492 -495 – in French)

1748: The Peace of Aix-la-Chapelle

  • The Europäische Friedensverträge present all relevant treaties, give archival records or contemporary editions. The publication of the Theatrum Europaeum ended in 1738. Of the main treaty (October 18, 1748) no printed versions are indicated
  • The Base Choiseul points to three printed versions of the main treaty: Wenck, Codex iuris gentium II, 337-431; De Clercq, Les grands traités I, 65-79; Koch, Abrégé I, 446-451
  • Graf found an English version (London 1749) reprinted by Chalmers, A collection of treaties I, 424-450; a Dutch version is in Martinus Stuart (ed.), Jaarboeken van het koningrijk der Nederlanden 2 (Amsterdam 1815) 1065-1082. The text edition favored by Graf is the one by Alfred Francis Pribram (ed.), Österreichische Staatsverträge, I, England I, 1526-1748 (Innsbruck 1907) 789-807. The edition of the main treaty is in Rousset, Receuil historique d’actes XX, 179-204; the pages 147 to 348 deal with most of the treaties involved.
  • A Dutch version is printed in the GPB VIII, 246-253.
Digitized major treaty collections
  • Johann Christian Lünig (ed.), Das Teutsche Reichs-Archiv (23 volumes and index, Leipzig 1710-1722) – digitized at Augsburg
  • Johann Philipp Abelinus and others (eds.), Theatrum Europaeum (21 vol., Frankfurt am Main 1646-1738) – offers German translations; digitized at Augsburg
  • Thomas Rymer and Robert Sanderson, Foedera, conventiones, literae et cujusque generis acta publica (…) (20 vol., London 1704-1735; 10 vol., Hagae Comitis, 1739-1745) – a number of volumes has been digitized at Gallica and the Hathi Trust; a complete set is available through Eighteenth Century Collections Online
  • Jean Dumont (ed.), Corps universel diplomatique du droit des gens (8 vol., Amsterdam-La Haye 1726-1731) – covers the period 800-1730; there is no complete digitized set; Gallica has digitized four volumes
  • J. Rousset de Missy and others (eds.), Recueil historique d’actes, négotiations, mémoires et traités (21 vol., La Haye-Amsterdam 1728-1755) – covers the period 1714-1748; digitized at the Hathi Trust Digital Library
  • John Almon (ed.), A Collection of all the treaties of peace, alliance, and commerce between Great Britain (…) (2 vol., London 1772) – digitized at the Hathi Trust
  • Friedrich August Wilhelm Wenck (ed.), Codex juris gentium recentissimi (…) (3 vol., Lipsiae 1781-795) – covers the period 1735-1772; digitized at Ghent
  • George Chalmers (ed.), A collection of treaties between Great Britain and other powers (2 vol., London 1790) – digitized at the Hathi Trust
  • Christoph Guillaume de Koch (ed.), Abrégé de l’histoire des traités de paix entre les puissances de l’Europe depuis la paix de Westphalie (4 vol., Basle-Paris-Strasbourg 1796-1797) – digitized at the New York Public Library
  • Georg Friedrich von Martens (ed.), [Nouveau] recueil des principaux traités conclus par les puissances de l’Europe dépuis 1761 (first series, 7 vol., Göttingen 1791-1801) – the second edition (8 vol. and index, Göttingen 1817-1835) is available through the Hathi Trust; use the Ghent catalogue to find digitized version of later continuations
  • Alexandre and Jules le Clercq (eds.), Recueil des traités de la France (23 vol., Paris 1864-1907) – digitized at Munich
  • Henri Vast (ed.), Les grands traités du règne de Louis XV (3 vol., Paris 1893- 1899) – digitized at Gallica
Portals to Early Modern Europe and Germany; some websites for other sources

A postscript

On second thoughts I have written in September 2011 another post about Early Modern peace treaties to summarize some of the main arguments presented here.

For the iconography of the Peace of Utrecht one can search the marvellous collection of historical prints collected by Frederik Muller, since 1881 in the Printroom of the Rijkmuseum, Amsterdam. For The Memory of the Netherlands digital portal nearly 5,000 prints have been digitized. Searching for “Vrede van Utrecht (1713)” will bring you a very generous harvest.


Beyond the text

For me December 11, 2010 could have been a celebration day, the first anniversary of this blog. However, legal historians might remember there is another time measure in customary law, just a bit longer than one year. After a year and a day it is great to look back to the start of this blog. December 2009 saw a healthy start with a nice number of postings. I was not surprised that I could not maintain the stream of news I published in that month, but somehow I succeeded in posting at least a few items almost every month. This is far below the average number of blog items on other blogs, but this is also due to the start of www.rechtshistorie.nl.

Until now customary law has scarcely figured on this blog. For this posting I had in mind looking at the other end of the legal sphere. In the field of private law codifications tried to furnish among many other things more certainty than unwritten law and customs. Constitutions seem the very embodiment of guaranties for the rule of law in the public sphere. Searching for and editing old constitutions is a specific task for legal historians, but also lawyers searching for the present law have to be attentive to older versions of constitutions.

Many web guides for constitutional law point to websites presenting constitutions in force today. One of the best known sites with this aim is the Constitution Finder at the University of Richmond School of Law. This site has the advantage of not only containing links to (English versions of) constitutions, for some countries it even provides information about drafts or amendments. This website is maintained by law students. The list of National Constitutions of the Constitutional Society is of course impressive, and the gesture to create and indicate different formats is most welcome. I can sympathize with the makers of this site when I noticed that a rather large number of links does not function because of changed web addresses, a perennial concern for any webmaster. Relying on just one website is seldom possible and in fact not wise to do.

For Dutch history it is good to know that not only the constitution of 1848 is important, but also other versions to be found at the site for lawgiving in the Low Countries. The Institute for Dutch History in The Hague has digitized materials for the constitutions of 1815, and also the series of constitutions during the Batavian Republic (1796-1806) because one has also to be aware of the sources concerning the concept for the constitution of 1798. The Institute for Dutch History presents an online research guide for the Batavian-French period (1795-1813).

When comparing constitutions you have to cross national and linguistic frontiers. In my search for websites with constitutions it would not do to look only at texts in English. The German website Verfassungen der Welt is a portal to historical constitutions from Germany, Austria and Schweiz, and modern constitutions from Europe and worldwide in German translation. A project for international constitutional law at the University of Bern offers also overviews of the main event in constitutional history of the nations involved. The Archivio delle Costituzioni Storiche of the Dipertimento di Studi Giuridiche, Università di Torino, brings texts in English, French or Italian translation. The Université de Perpignan has a fine digithèque with many constitutions, often with their historical forerunners and useful weblinks, and also a nice list of major treaties. I have waited to mention The Rise of Modern Constitutionalism, 1776-1849,  a site with facsimiles of constitutions, because one can encounter more at this website only when you enter it from a subscribing library. This situation can help reminding you at least of the fact one cannot read and study constitutions in isolation. An example that has impressed me much is the creation and interpretation of the modern Japanese constitution which cannot be understood properly without bearing in mind the impact of the American constitution and American constitutional thought.

How can websites help you interpreting old constitutions, determining their ancestry and putting clauses and paragraphs into relief? The Liberty Library of Constitutional Classics is almost too famous. For Spanish history the site of the Biblioteca de Historia Constitucional Francisco Martínez Merina at the Universidad de Oviedo present a digital library with works on constitutional law, with also Spanish translations of foreign constitutions. I have to add here the Biblioteca Virtual Constitución 1812, a digital library which presents the Spanish constitution of 1812, and also the deliberations of the Córtes since 1810. Precious services are provided by the website for The Founders’ Constitution, a digitized and searchable version of the 1987 book by Philip B. Kurland and Ralph Lerner. The five volumes of their study contain a wealth of documents which are not only important for the history of the constitution of the United States of America. The site was created by the University of Chicago Press and the Liberty Fund which presents in its Online Library of Liberty also a substantial number of books concerning constitutional history.

Only comparing one constitution with another constitution is just the beginning. Its impact on legal institutions and legal life can be very different. Think only of the vast difference between a legal system in which laws can be reviewed in the light of a constitution, where a supreme court deals with law suits involving the constitution, and a legal system in countries with a constitution where this is not provided for in some way or another.  All this should not hold you from getting acquainted with or revisiting these online resources and make them useful for your research or your curiosity.

A rare edition of Grotius

On November 23, 2010, the Peace Palace Library in The Hague announced the acquisition of a copy of the very rare first Paris 1625 edition of De iure belli ac pacis libri tres by Hugo Grotius. This library has probably the largest and richest collection of Grotius editions in the world. The online exhibition for the centenary in 2004 gives a vivid introduction to the Peace Palace library. The announcement states that until now the only known copy of the Paris 1625 edition was at the Bodleian Library in Oxford.

Almost a year ago my first blog postings were on Hugo Grotius, and it seemed not bad to look at Grotius again. My aim here is mainly to bring some information together. In 2009 the Yale Law Library held an exhibition on Grotius’ Mare liberum. The Royal Library at The Hague created an online edition of Mare Liberum with both a digital version of the first edition from 1609 and a transcription. Robert Feenstra and Jeroen Vervliet published a new Latin-English edition, Hugo Grotius Mare Liberum 1609-2009 (Leiden 2009). Arthur Eyffinger published a Dutch translation with the Latin text, De vrije zee. Een uiteenzetting over het recht van de Nederlanders om handel te drijven in Oost-Indië (The Hague 2009), and an essay on Grotius and the 1609 truce between the Dutch Republic and Spain, Oorlog, vrede of bestand? 1609 gezien door de ogen van Hugo de Groot (The Hague 2009), with in an appendix translations of several documents.

The Peace Palace Library (PPL) has won a Dutch award for the best digital library of 2010. The PPL uses not only RSS-feeds on its site, but has also a Flickr image collection and a collection of digitized books reachable for subscribers through its own custom developed link system, and these are just a few of the services for library users. As library of the International Court of Justice the PPL participates in The Hague Justice Portal also by virtue of the The Hague Academy of International Law. The PPL presents an online research guide for Grotius, interestingly in the format of a Wikipedia page. In my search for digital libraries with collections on legal history I hoped the PPL would have its own collection of digitized old books, preferably in an open access version, but this is not the case.

No doubt the Digital Library for Dutch Literature (DBNL) has one of the largest online collection of digitized and scanned texts by Hugo Grotius, including the critical edition of De iure belli ac pacis by B.J.A. de Kanter-Hettinga Tromp (Leiden 1939; reprint Aalen 1993). Among the legal texts is the Inleidinge tot de Hollandsche rechts-geleerdheid, Grotius’ introduction to Dutch law and jurisprudence, written between 1619 and 1621 and first published in 1631. The scans are from the 1910 edition by S.J. Fockema Andreae, not from the 1965 edition with the additions and corrections from Grotius’ own copy of the 1636 edition now at Lund. Apart from being a lawyer, philosopher and theologian, Grotius was also a renown poet, a historian and a most active writer of letters. This correspondence can be found here, too. The Huygens Instituut of the Dutch Royal Academy of Sciences (KNAW) has created a searchable database for Grotius’ correspondence. The PPL research guide for Grotius mentions a link to a new edition of De iure praedae (The law of booty, 1603) at the KNAW site for datasets, but this dataset has not yet arrived. You can find Grotius’ manuscript with a transcription as work in progress of a colloborative edition at the TextLaboratorium. It is great to have this beside the 2005 translation of De iure praedae by Martine Julia van Ittersum at The Online Library of Liberty. The 1868 edition of the Latin text by H.G. Hamaker is available online thanks to the services of the University of Michigan at the Hathi Trust Digital Library.

Is there somewhere on Internet a digital version of an old edition of De iure belli ac pacis? The first port of call is The Philological Museum, the initiative of Dana F. Sutton (University of California at Irvine) for a survey of digital editions of texts in Neo-Latin, lists three digital versions of editions printed in Paris in 1625 of De iure belli ac pacis, one at Gallica, the digital library of the Bibliothèque nationale de France, one at the Posner Memorial Collection of the Carnegie Mellon University Libraries in Pittsburgh, and one at Kyushu University, Fukuoka. In their Bibliographie des écrits imprimés de Hugo Grotius (The Hague 1950) Jacob ter Meulen and P.J.J. Diermanse listed at no. 565 three different versions of the first edition. The digitized books in Paris, Pittsburgh and Fukuoka are copies of version 565iii. The PPL has acquired a copy of no. 565i. Other digitized Grotius editions can be found for instance using the catalog of the Hathi Trust Digital Library, an initiative of several American scientific libraries, and the OPACplus of the Bayerische Staatsbibliothek in Munich. In particular the Europeana portal points to the rich collections for Grotius at Munich. It surprised me very much one cannot trace these digitized old editions at the Digitale Sammlungen. Clearly some tuning is needed between the two sites at Munich.

Writing today this posting about Hugo Grotius served for me also as a kind of test case for the use of digital libraries and digital library portals. The portals do not only offer a more or less rough indication of existing materials but present often also important things. When discussing Grotius’ view it matters urgently which old printed version, translation or critical edition one uses. Sometimes Grotius’ opinions were more known in a translated form, as for example Jean de Barbeyrac’s translation of De iure belli ac pacis. The information in the bibliography by Ter Meulen and Diermanse and the succinct guide to the Grotius’ editions at the PPL is therefore very helpful in determining whether to use the first version near at hand in your town or on Internet, or to be more diligent. Even in this posting which offers just a note on Grotius a succinct table of the main texts mentioned and their versions might be useful:

De iure belli ac pacis

  • the third version of the Paris 1625 edition is available online at Gallica and at Pittsburgh
  • several other old editions are available online at the Bayerische Staatsbibliothek and the Hathi Trust Digital Library
  • the 1939 critical edition is online at the DBNL
  • the Online Library of Liberty presents both the 1814/1901 translation by Arthur Campbell and the translation by Richard Tuck (2005)
  • only the prolegomena and first book have been translated into Dutch, available online at the DBNL

Mare Liberum

  • the 1609 edition has been digitized alongside a modern Dutch translation at the Dutch Royal Library
  • the Leiden 1633 edition is available online at the Hathi Trust Digital Library and also at the SOMNI collection of the Universitat de Valencia
  • the 1916 translation by Magoffin – together with the Latin text – is available online at the Online Library of Liberty, as is Richard Hakluyt’s translation
  • the 1609 edition is available in print with an English translation and a facsimile (Feenstra and Vervliet 2009)
  • the 1609 edition has been translated into Dutch (Eyffinger 2009)

De iure praedae

  • photographs of the manuscript Leiden, University Library, BPL 917, are online at TextLaboratorium with a transcription
  • the 1868 edition by Hamaker is online at the Hathi Trust Digital Library
  • the English translation by Martine Julia van Ittersum is present at the Online Library of Liberty
  • Onno Damsté translated the text into Dutch: Verhandeling over het recht op buit (Leiden 1934)

Inleidinge tot de Hollandsche rechts-geleerdheid

  • the second impression ‘s-Graven-haghe, 1631 is online at the Digital Special Collections of Utrecht University Library
  • the 1910 critical edition is available at the DBNL and the Hathi Trust Digital Library
  • the 1965 critical edition is only available in printed form

The Index Translationum of the UNESCO did not bring me to an English version of the Inleidinge, but it mentions translations into several languages of other works. The guide to the PPL’s Grotius collection mentions several English translations of the Inleidinge.

An addendum: when revisiting the online exhibit on Grotius of the Yale Law Library Rare Book Room I noticed several titles mentioned here, too, with digitized title pages. Yale’s copy of the Mare Liberum edition Leiden 1633 is available in electronic form at Yale’s intranet, as is the copy at Harvard at their intranet. Obviously it is not quite feasible to have library cards or subscriptions to all these fine library services, and therefore I focused here on electronic resources in open access.

A postscript

A digitized copy of an early Dutch translation of Grotius’ Mare Liberum, entitled Vrye zeevaert, ofte bewiis van ‘t recht (..) (Leiden-Amsterdam 1614), can be viewed online in the Digital Special Collections of Utrecht University Library. Selections from De iure belli ac pacis have been translated into Dutch and commented on by Arthur Eyffinger and B.P. Vermeulen, Hugo de Groot, Denken over oorlog en vrede (Baarn 1991; Geschiedenis van de wijsbegeerte in Nederland, vol. 8). The Peace Palace Library has created a slideshow concerning editions of De iure belli ac pacis.

A facsimile of the French translation of De iure belli ac pacis by Jean Barbeyrac (Amsterdam 1724) has been published recently: Hugo Grotius, Le droit de la guerre et de la paix (2 vol., Caen 2011).