Tag Archives: Latin America

A digital approach to the Early Modern inquisition in Portugal

Banner e-Inquisition

Sometimes a word evokes almost automatically an association with a distinct historical period. The word inquisition is first and foremost linked with medieval Europe. On this blog and website I explain why speaking about the inquisition is misleading. In Early Modern Europe the Spanish and Italian inquisition received most attention from historians, but in Italy you have to distinguish between Rome and Venice. Recently the project TraPrInq started for the transcription and study of records of the inquisition in Portugal between 1536 and 1821. The project is accompanied by the blog e-Inquisition hosted by the international Hypotheses network. In this post I will look at the plans of the project team and its importance for studying both Portuguese and Brazilian history.

Records from four centuries

The blog for TraPrInq itself show nicely how much this project is in a starting phase. While preparing this post its layout changed. At the blog a concise presentation of the project is offered in French, Portuguese and English. The core of the current team is the Centro de Humanidades (CHAM) at the Universidade Nova de Lisboa. Alas I could not find any information about this project running in 2022 and 2023 at the website of the CHAM. However, it is stated TraPrInq is connected with an earlier CHAM project on censorship and the Portuguese inquisition. One of the main objectives is to create transcriptions of court records using the Transkribus technology, discussed here earlier in a post about Early Modern court records and legal consultations in Germany. In fact Hervé Baudry, the blog editor, is responsible for the Transkribus model for Latin-Portuguese print from the seventeenth century. By the way, this and other models are also present for free use without registration at the recently launched platform Transkribus AI.

Logo ANTT

As for now 140 records have been transcribed, good for some 190,000 words, a fair base for a HTR (Handwritten Text Recogniition) model in Transkribus. I was somewhat mystified by the utter absence of information about the actual location of the records to be transcribed and studied. The clue for a unmistakable identification is the fact the records stem from a tribunal with jurisdiction both in Portugal and Brazil. The Arquivo Nacional da Torre do Tombo (ANTT) in Lisbon is the holding institution. It is not a bad idea to start with one of its four virtual exhibitions concerning the inquisition in Portugal. preferably with Inquisição da Lisboa online telling you about the nearly 20,000 registers for which 2,3 million digital images have been put online. The ANTT has within the archive of the Tribunal de Santo Oficio (TSO) records of the Inquisição de Lisboa (IL). The scope note and inventory in Portuguese of this archival subfonds is available online at the :Portuguese Digitarq portal. Series 028 contains the processos. Digital images of documents are directly linked to numerous items.

Perhaps due to my unfamiliarity with the Portuguese inquisition I tried to look a bit wider for information about its archival traces. The wiki of FamilySearch brings you only to records for a few years digitized earlier and available at SephardicGen. The online inventory of the ANTT is mentioned by Family Search, but not its inclusion of digitized records. It is a nice exercise to compare versions of the relevant Wikipedia articles in English, Portuguese and Spanish, in particular for their bibliographies and linguistic preferences. Luckily I found a special of the Brazilian journal Politeia: Historie e Sociedade 20/1 (2021) with a Dossiê Temático Tribunal do Santo Ofício Português, 200 anos após extinção: História e Historiografia opening with a contribution by Grayce Mayre Bonfim Souza about the archive of the Tribunal do Santo Oficio.

Let me not forget to note here the CHAM has created an online index of the fonds Manuscritos do Brasil held at the ANTT. The e-Inquisition blog contains currently apart from the brief introduction five articles,four in Portuguese and one in English touching a wide variety of themes, The recent brief article in English brings you an overview of the palaeographers and historians in the project team. Baudry wrote for example about censorship in the books of Henricus Cornelius Agrippa and (in French) about the famous trial of Manuel Maria de Barbosa du Bocage, with images and transcriptions of four documents. Baudry’s article about Pedro Lupina Freire brings a seventeenth-century notary into the spotlights who became an agent for the tribunal. A most fascinating article is concerned with the double use of asterisks by censors, both to hide information and to highlight matters.

No doubt more information about the TraPrInq project will soon appear at the e-Inquisition blog and at the website of the CHAM, in particular concerning the progress at Transkribus of the creation of the new HTR model for Portuguese Early Modern script, and the location where transcriptions will become available online for the wider scholarly community. Thanks to this transcription project the records of the Inquisição de Lisboa will surely show more of their rich content touching many parts of the Early Modern world, not just Jewish and colonial history. The combination of a detailed inventory, digitized images and digital transcriptions will make it possible to ask different questions. This project shows at least the very real need for trained palaeographers, but I am sure the knowledge of legal historians, too, will be necessary to tap this wealth of information.

An addendum

In Spring 2022 the Biblioteca Nacional de Portugal held the exposition Bibliotecas limpas. Censura dos livros impressos nos séculos XV a XIX curated by Hervé Baudry. The virtual exposition Bocage 1735-1805 created by the BN brings you to the life and works of this poet; the chronology mentions his trial in 1802.

Censorship by the Portuguese inquisition is the subject of the portal Inquisition in Action launched on June 20, 2022 by the CIUHCT, also in Lisbon.

A dictionary for the Spanish colonial empire and canon law

This year I follow my tradition of starting the new year with a post featuring either the law of an empire or an empire, and this year I offer the former. A constitutive element of the international project based at Mainz for the School of Salamanca is a political-legal dictionary. In an earlier post I mentioned the dictionary only briefly, because at tha time it did not yet exist. However, things have changed since 2017, and it is certainly interesting to look now in more detail at the form, contents and progress of the Diccionario Histórico de Derecho Canónico en Hispanoamérica y Filipinas, Siglos XVI-XVIII. Using the simple abbreviation DCH has particular consequences for finding this online dictionary. Anyway, the DCH is not the first dictionary appearing at my blog.

Studying Spanish colonial law

Research into Spanish legal history and colonial laws and legislation in the Spanish colonial empire in Latin America is in particular associated with the Max-Planck-Institute for Legal History and Legal Theory (MPILHLT) in Frankfurt am Main. Last year its name changed a lot by adding a third department for legal theory to the two departments for legal history, and by removing the word European from its name. Speaking of names, nowadays the term School of Salamanca is no longer linked exclusively to sixteenth-century thinkers teaching at this Spanish university, nor is it confined to law or theology.

The core of the project of the Akademie der Wissenschaften und der Literatur in Mainz for the School of Salamanca is a digital collection with 116 works mainly published in the sixteenth century. At the website you can also consult the series of working papers published by the research team. The project website describes as an objective a dictionary for juridical-political languages with eventually some 200 entries, taking their cues from both Spanish and Latin words. Entries will appear from 2020 onwards, but no entries are visible at the project website. This dictionary is a separate aim, not to be confused with the DCH, as Ana Arango kindly pointed out to me.

At this point you must be aware absolutely of the role of the MPILHLT within this project. At its website the information has been placed on a number of web pages. There is a general page for this cooperation with the Akademie in Mainz, but you will have to navigate also to the web page for the School of Salamanca. This page alerts you to the blog of the Mainz website, where the blog is found under the heading News. The Frankfurt page for the Salamanca project does not mention its own page for the Historical Dictionary of Canon Law in Hispanic America and the Philippines 16th-18th century (DCH). On that page you will find the actual entries now available halfway at the heading Blog, not the one and only spot where you would indeed expect it to appear.

Let’s not hide the fact I had noticed the abbreviation DCH at the Frankfurt website earlier on, especially among the new releases, but somehow the direct link with this project was not clear for me. In a way it is just a small revenge of using too much abbreviations… At the third Salamanca page in Frankfurt, the one for Salamanca Publications in the publications section, the DCH is yet absent. Actually the series of published entries for the DCH can be found also at the SSRN page of the MPHLHT where they appear in the chronological sequence of publication.

To be honest, this situation is only temporary, but it is a nice example of a dilemma between providing information about final results and preliminary publications. In a town with much attention to system theory this should make you smile! The two institutions should not hesitate to give the new temporary form of the DCH at the Hypotheses network simply its due as a perfectly sensible solution for the time being. No doubt plans for the definitive form of publication are being contemplated right now.

The DCH as work in progress

There was a time when great dictionaries were published only in print, often at a slow pace. Decades after the start the final volume would appear at last, and decades afterwards some supplement could be printed. This simple picture does not exist anymore. Many dictionaries have been digitized or their new edition appears both online and in print.

At the DCH blog – also present at Twitter, @DiccionarioDCH – you should not jump immediately to the published entries. It is wiser to look first at the explanation about its structure (Estructura). The entries – 120 is their number mentioned here, elsewhere a total of 200 or 300 entries is stated – will be organized according to the order of the five books in the Decreatles Gregorii IX, the Liber Extra published in 1234 on behalf of pope Gregory IX. The decretals in this official papal collection were divided into five books headed Iudex, Iudicium, Clerus, Connubia and Crimen. Church councils in the Spanish New World used this division also, as did the major European handbooks for canon law in the Early Modern period. There is a table showing this division and the entries currently available under each heading. Four general entries on canon law, moral theology, the Patronato Real and historiography will function as introductions.

The nature and form of this dictionary can best be tasted in the most recent published entries which all mention immediately the DCH blog. I restrict myself to two entries, Vicarios under the heading Iudex and Sentencia under Iudicium; the links here are to the introductions on the DCH blog.

Susana Frias gives a crisp and clear summary of her article Vicario. She looks at the various positions of the vicario, in particular at his role as a judge delegated by a bishop, but she mentions other types of vicars as well. She gives examples of the context, for example the tension between religious orders and bishops, ad the growing influence of the Spanish crown on ecclesiastical institutions. This summary helps a reader much. Her contribution, downloadable from SSRN, has 23 pages, with abstracts at SSRN in Spanish and English. Frias’ article has ten sections. After a few lines about the pope as the Vicar of Christ she deals with the vicar-general of a bishop, the vicario capitular functioning during a sede vacante in a diocese. The vicario foraneo is a judicial official representing episcopal jurisdiction in a district. A vicario coadjutor is the figure closest to a parish vicar, an assistant to the curate. With the vicario apostolico we encounter another familiar figure in canon law, the administrator of a region without diocesan organization. The function of the vicario castrense was created in the seventeenth century as an army chaplain. The last vicars in this article are the vicarios within religious orders, the officials representing the provincial, sometimes for visitations as a visitador. In the last section (pp. 17-23) Frias offers a concise historiographic conclusion and a substantial list of primary sources and secondary literature used for this contribution. With ample references to the sources in each section this is clearly the kind of dictionary article which can both help you quickly to gain basic knowledge and offer you also the necessary background information.

Faustino Martinez divides in his abstract his contribution Sentencia on verdicts into two sections, a general section on the place of verdicts within a trial, and a section focusing on developments and characteristics of verdicts within the Spanish empire. This is exactly also the abstract in Spanish and English at SSRN. I had expected to find at the beginning of his article with 48 pages a visual overview the headings of the subsections, but he lists in fact the nine sections in the last lines of his introduction. An indication of their respective importance would be welcome. After ten pages it is clear the section Elementos y modos de la sentencia is such part of his contribution (pp. 7-17). All other sections are rather short but densely packed with information. I would single out the sections on nullity of sentences and on abuse of justice by starting a process based on invalid claims. They put things really into relief. The section on typical developments in the Spanish colonial empire, too, is relatively short (pp. 32-38), as is the historiographic balance which points out a substantial number of matters to be investigated. There is much space at the end for the primary sources and scholarly literature. On balance the subject deserves indeed a long and intricate contribution with relatively short sections. On purpose I have not tried to summarize every section, because this would not tell you how much Martinez has to offer here, both on Spanish and colonial legal history.

The DCH in context

How should one judge this scholarly project? At some point during writing my mind turned to the project Geschichtliche Grundbegriffe. This dictionary has a similar long and telling title, Geschichtliche Grundbegriffe: Historisches Lexikon zur politisch-sozialen Sprache in Deutschland (8 vol., Stuttgart 1972-2007), edited by Reinhard Koselleck, Werner Conze and Otto Brunner. GG contains in 9000 pages some 120 articles on a number of key concepts for German history, politics and society. This example must surely at some moments have crossed the minds of the Salamanca team, too. I suppose we should applaud the fact we can consult online in open access the entries of the DCH! The DCH is an international project dealing with a much wider part of the world forthe Early Modern period.

My two choices for first impressions of the DCH happen to deal in particular with institutional history. The strong point of the DCH and the Salamanca project at Frankfurt am Main and Mainz is its aim of putting things at their right place within wider contexts, and thus institutions get their due. For me the veil from the abbreviation DCH has been lifted! You can learn a lot from the entries that have already appeared, starting with the bibliographical sections, but I am sure you will encounter much else that is interesting for your own research and general knowledge of the vast Spanish colonial empire and its impact on Latin America’s history and society.

As for the sources used you can bet the MPILHLT at Frankfurt am Main has several editions or even several copies of the main works used by the team. It is sensible to look beyond the works digitized for this purpose. Apart from the portal for the School of Salamanca you can look also at De Indiarum iure. My earlier post does point to some other projects elsewhere as well, but it told you less about some digital resources now available. For copies of works held by libraries and archives in Latin America you might want to look also at my web page for digital libraries. In particular in Mexico there is a large number of digital libraries. For tracing Early Modern works you can benefit from the Catálogo Colectivo de Impresos Latinoamericanos hasta 1851 (University of California at Riverside), a union catalog for Latin American imprints, and a number of bibliographical projects and works for and from Mexico. My remarks about the visibility of the DCH blog will no doubt soon be superfluous, because curious readers surely will find the DCH quickly. Our thanks should go to the international team making such a project feasible. Bringing canon law into view as a major element of the Spanish transatlantic empire and its legal history is just one of its qualities.

A postscript

On January 19, 2022 the first of the four general introductory chapters was published. Faustino Martinez contributed an article on procedure in canon law. I should like also to alert you to the series of colorful videos created by the research team for the DCH blog.

For those interested in the development of the Spanish language in their colonial empire it is useful to mention here the Corpus Electrónico del Español Colonial Mexicano (COREECOM), a project of the Instituto de Investigaciones Filológicas at the Universadad Nacional Autónoma de México.

Ana Arango kindly pointed me to the fact the dictionary for political-juridical thought of the School of Salamanca project in Mainz is a different project. Hopefully this difference can be indicated at the crucial points of the websites for both dictionaries.

It can do no harm to mention here the digital collection of Spanish legal documents (15th-19th centuries) created by the Library of Congress. 106 documents were labeled Canon law. At its crowdsourcing platform By The People the Library of Congress runs a campaign for transcribing these records, Herencia: Centuries of Spanish Legal Documents.

I would like to point here also to the digital versions in open access of the volume The School of Salamanca: A Case of Global Knowledge Production, edited by Thomas Duve, José Luis Egio and Christiane Birr (Leiden-Boston 2021; Max Planck Studies in Global Legal History of the Iberian Worlds, vol. 2; online, (PDF, 50 MB)), and to Conceptos, autores, instituciones. Revisión crítica de la investigación reciente sobre la Escuela de Salamanca (2008-19) y bibliografía multidisciplinar, Celia Alejandra Ramirez Santos and José Luis Egio (eds.) (Madrid, 2020; online (PDF, 1,8 MB)).

Digital access to the slavery registers of Curaçao

Slavery register 57, fol. 636

Slavery register 57, fol. 636 – image: Nationaal Archief, Curaçao

On August 17, 1795 a slave revolt started on the Dutch Caribbean island Curaçao, some seventy kilometers north of Venezuela. Exactly 225 years after Tula’s Revolt the Nationaal Archief of Curaçao presented the searchable online version of the Slavenregister, eight slavery registers from the nineteenth century. Two years ago I wrote here about the launch of the digitized slavery registers from Suriname, a former Dutch colony in Latin America. The two projects invite a comparison. I will look also at other online resources for the history of the Dutch Antilles, six Caribbean islands with a history of Dutch colonial rule.

Researching Dutch Caribbean slavery

Logo Nationaal Archief, Willemstad, CuracaoThe announcement at the website of the Nationaal Archief, located in Willemstad, the main town of Curaçao, gives you some background to the project done in cooperation with scholars of the Radboud University Nijmegen, led by Coen van Galen, and the University of Curaçao. The late Els Langenfeld laid the foundation for the project with her transcriptions. Apart from eight slavery registers also two emancipation registers have been digitized and indexed. The Dutch Nationaal Archief, The Hague, helped with creating the database for the data and the digital images. In its announcement about the launch the Dutch national archives give more information. The slavery registers cover the period 1839 to 1863. The emancipation registers stem from 1863. You can find at the website in The Hague a video in Papiamentu about the project, and there is a message from the Dutch minister for Education, Culture and Sciences. The registers at Willemstad can also be searched at the website of the Dutch Nationaal Archief. By the way, recently the Dutch national archive integrated its search portal Ga het NA into its main website. The Dutch archive also provides a guide to these records. There is a version in rudimentary English of the search interface without a version in English of the guide; the Dutch version is not mentioned. The original records can be found at the Nationaal Archief Curaçao, 005, Archief Koloniale Overheid, inventory 3, Hoofdambtenaar Arbeidszaken, inv.nos. 53-60 (slavery registers), and  005 Archief Koloniale Overheid, inventory 16.6 Burgerlijke Stand/Bevolking/Registratie, inv.nos 116-117 (emancipation registers).

Logo Nationaal Archief, The hague

The search interface in Curaçao allows you to filter directly for a particular register. In the advanced search mode you can search six fields separately. Unfortunately I did not succeed in using the advanced search mode in three different browsers. Search results can be sorted by clicking on the respective headings of the columns, a quality that could perhaps be more visible with arrows. There is also a guide to assist your search questions. Its Dutch counterpart has only filters for the type of register, and there is only a simple free text search field and a choice for sorting the results for all fields except one field of the registers, by name, gender, the mother’s name, entry date and exit day (uitschrijfdatum), either the day of the emancipation or another date noted in an entry.

The search interface in The Hague does not show the name of the eigenaar, the owner of enslaved people, nor do you see them in the list with search results. Only when you click on an individual search result the name of the (former) owner becomes visible. Luckily the owners does show up in the uitleg (explanation) – in Dutch again – about the fields. You can download in The Hague a zipped file with the index to the registers as an XML file. The efforts for assistance and explanation are important, but at the moment of writing it seems some efforts are needed to get things working properly. It is good to note here the fields with subsidiary information about the owner. However, here, too, the presentation of search results in Curaçao is different, with two blocks of fields against a single column with the fields at The Hague.

Both the absence of the owner field in The Hague and the disfunction of the advanced search mode in Curaçao are substantial problems. Again as with the project for the slavery registers from Suriname only the Dutch version is complete. The very presence of a video in Papiamentu underlines the need for search interfaces, guides and explanation is this language and in English. In view of the Caribbean region a Spanish version would be most sensible, too. The archive in Willemstad calls itself on its website a Porta pa Historia, but that door needs to be open not just in Dutch. The Dutch national archives provide a searchable index of manumissions of enslaved people on Curaçao between 1722 and 1863. Even the heading Vrij van slavernij (manumissies) has not been translated in the English version of this index.

The Dutch and the Caribbean

If digitizing a resource is important for historical understanding and if you know the general public will appreciate your efforts, it is only normal to do a proper job. The two versions of this new resource can cause some frowns, but I will certainly not deny the importance of being able to use the database for the Curaçao slavery and emancipation registers. Let’s look briefly what other resources can be readily found online nowadays.

Curacao ISTORY - The Tual exhibit

In the Digital Library of the Caribbean Curaçao figures with only a few items. For the neighbouring island Aruba you can find some fifty items. Bonaire, a third island within the Dutch Antilles, is absent. In 2019 the Nationaal Archief of Curaçao, the Maduro Foundation and the National Archaeological and Anthropological Museum launched the history portal Curaçao | HISTORY with virtual exhibits on several subjects, You can use a timeline to choose a theme, for example Tula’s revolt. Surprisingly the abolition of slavery in 1863 is present only with a printed proclamation in Papiamentu. At the Dutch Caribbean Digital Platform are digital collections of institutions at Curaçao, the Dutch Royal Library and Leiden University. The Archivo Nacional Aruba has some digital collections, in particular audiovisual materials.

Startscreen portal The Dutch in the Caribbean World

The Huygens Institute / Institute for Dutch History launched some years ago the portal The Dutch in the Caribbean World, c. 1670- c. 1870 with a guide to archival sources, legislation and ordinances. In fact the West Indisch Plakaatboek edited by J.Th. de Smidt, J.A. Schiltkamp and T. van der Lee  (5 vol. in 3 parts, Amsterdam 1973-1979) is its very core. At the Delpher platform you can find digitized official gazettes for the Netherlands, the Antilles, Indonesia and Suriname. Leiden University has created a separate entrance for Caribbean Books, some 950 in total, but only 200 are available in open access. Within its Digital Special Collections you can find a number of collections owned by the KITLV / Royal Dutch Institute of Southeast Asian and Caribbean Studies. Four Dutch ethnological museums, among them the Tropenmuseum in Amsterdam, have created a shared collections portal (interface Dutch and English). Recently the Tropenmuseum showed the exhibit Afterlives of Slavery. The old website of the Foundation for Dutch ethnological collections does still function. The Tropenmuseum has a digital collection on slavery with some 1,700 items at the heritage portal The Memory of the Netherlands.

In January I visited De grote Suriname tentoonstelling, a truly major exhibit on the history of Suriname at the Nieuwe Kerk in Amsterdam, the church next to the royal palace on the Dam Square. This exhibit succeeded in showing an overview of Suriname’s history with the widest possible variety of subjects and themes, thus enabling you to get a more integrated view of this country and its history. Let’s hope the digitized slavery and emancipation registers for Curaçao, too, will help to foster a better understanding of a crucial period in the history of this island. The aftermath of slavery continues up to today. Its story needs to be told not just in Dutch.

A postscript

Some remarks here about the quality of the search interfaces for this project might seem harsh, but a few things make them at least understandable. Knowing about the (former) owners of enslaved people is perhaps the most asked question when using these registers. Depending on the name of the owner freed slaves often received their name. The general public wants to know also about the background of the owners. Many of them lived in the major towns of the Netherlands. Their wealth was to a considerable extent built on the fruits of slave labor. Finally I think both archives should realize they could create the database thanks to the research and efforts of the late Els Langenfeld. It is not just a question of presenting material in your own holdings online, but also acknowledging the fact this has become possible thanks to a person whose memory should be honored by using her transcriptions and index to the fullest possible extent. Perhaps it is only a question of changing the layout to make the owners more visible from the start. The current layout should not be a stumbling block to having the data in full view.

Finding Early Modern notarial records in Mexico

The Ex Templo Corpus Christi, Ciudad de México, home to the Archivo General de Notarias - image: Wikimedia Commons

The Ex Templo Corpus Christi, Ciudad de México, since 2005 home to the Archivo General de Notarias

Using guides to archival collections can be most helpful when searching particular records which might help you in anwering your research questions. Sometimes the records themselves are the subject of research. When I read recently a blog post about notarial records in Mexico it was not completely surprising to read a story about a number of obstacles in getting access to registers from the eighteenth century. However, for other periods some projects exist which help scholars in approaching other historical records at the same archival institution, the Archivo Histórico de Notarías del Distrito Federal in Ciudad de México (Mexico City), also abbreviated to Archivo General de Notarías. In this contribution I will look at the two blog posts by Andrea Reyes Elizondo about her research and at online guidance to archival institutions in Ciudad de México.

Book history and archives

Last year I connected book history and archives in a post reviewing the study of Andrew Pettegree and Arthur der Weduwen on the role of the book trade in the Dutch Republic in the seventeenth century. Until last month I had not often visited the website of the Nederlandse Boekhistorische Vereniging, the society for Dutch book history. One of its features is the section De Boekenmolen (The Book Mill) with blog posts by scholars introducing their research and telling about the start of their interest in book history.

On June 9, 2020 Andrea Reyes Elizondo contributed a post concerning a subject with a fair distance to Dutch book history, an inquiry into the degree of literacy and scribal capacity in eighteenth-century Mexico. Her search for a continuous series of documents with signatures led her to notarial records. Doing research in Mexico is not as straightforward as you would like as a scholar. Much paperwork is needed, to mention only one aspect. Only at the notarial archive Reyes Elizondo can use the finding aid and a list of notaries for this period. At this point I was at first somewhat amused, because using the word list for a finding aid for notarial registers, after all indeed a series of similar records, seemed a bit misplaced. My second thought was a question: How can you find out about notarial records in Mexico, and more generally about Mexican archives? As a matter of fact, I knew about a number of online resources helping me to answer this question. Finding archives was not the greatest challenge, finding specific information about their holdings was a bit more difficult, and in my view worth a report here.

It is no bad thing to start searching archives in Mexico with the Censo-Guía de Archivos de España e Iberoamérica, a searchable database for archives and their collections in Spain and Latin-America. However, the notice on the Archivo General de Notarías de Distrito Federal (AGNDF), seems at first a bit disappointing, with an old link to its website and lots of empty fields or negative answers, but luckily it does show the titles of some guides and inventories. In particular the series of inventories for nineteenth-century records is mentioned. At the heading Fondos y otros colecciones custodiadas a link leads you to the Inventario Dinámico, a tree structure with the fondos, in this case three main collections, the Fondo Antiguo, the [Fondo] Consular and the Fondo Contemporaneo. By clicking on the link Fondo Antiguo you will go to a detailed notice about the history of this section. For the subsection Reservada the names and years of notaries are given, from 1524 to 1697. The eighteenth century is part of the subsection Antigua (1614 to 1902). The notice ends with substantial information about guides and finding aids, some of them unpublished, in particular the Inventario general del acervo histórico del Archivo General de Notarías del Distrito Federal, Ana Lucía Tlahuech Rivera and José Luis García Estrada (eds.) (2006) and Verónica Zárate Toscano, Guía Cronológica de Notarios 1750-1850 (1992). The 2006 inventory is the most recent work mentioned in this notice.

Finding archives in Mexico

I had hoped to find more about this archive in the Sistema de Información Cultural, an online directory for cultural institutions in Mexico which counts nearly 1,300 archives, fifty of them in Ciudad de México. The notice on the AGNDF gives you only the location, a phone number and a mail address. The Archivo General de la Nación provides a Directorio Nacional de Archivos, but on the page for Ciudad de México the information is similarly succinct, although even more archival institutions are listed. In the web directory for archivos iberoaméricanos of the Fundacion Mapfre the page for Mexico has disappeared. Sadly the Latin America Network Information Center at the University of Texas had to stop updating its information in 2015, and now even the links have disappeared in its archival directory. The Internet Archive has a capture from 2015 of the page in English with eleven Mexican archives, but not the AGNDF. The Spanish version of this resource is still up and running.

Since many years the online journal Nuevo Mundo / Nuevos Mundos runs the series Guía del investigador americanista, with for Mexico an updated version from 2018 of a Guía del investigador en la ciudad de México by Felipe Castro Gutiérrez; the 2009 version can still be consulted and compared with his new version. Castro Gutiérrez fails to mention the web pages of the AGNDF, but he does include a link to the online inventory of sixteenth-century notarial registers. With some luck – by going one level higher on the web portal of the legal department of Ciudad de México – I could reach a second web page of the AGNDF with this link and yet another online resource for the records of notaries. This second web page provides you with some twenty web links for more information.

Before going to the notarial registers of the eighteenth century I would like to present briefly the existing online projects for the AGNDF. The Catálogo de protocolos del Archivo General de Notarias de la Ciudad de México – Fondo Siglo XVI, created in 2016 at the Universidad Autónoma Nacional de México (UNAM), provides you with an inventory of records from the sixteenth century. The images linked to the searchable inventory can only be viewed at the AGNDF. The website of this projects provides you also with the link to the sequel for the seventeenth century, the Catálogo de protocolos del Archivo General de Notarias de la Ciudad de México – Fondo Siglo XVII, launched in 2014 by the UNAM. The main difference with the first project is a more detailed search interface and the absence of images. The third project, launched in 2012, has been created by the Colegio de México. It brings you to the Actas Notariales de México, a searchable database for nineteenth-century notarial acts between 1817 and 1919. The search results bring you to summaries of the acts.

Dealing with notarial acts

Andrea Reyes Elizondo wrote her contribution about her research for her Ph.D. degree at Leiden University on the website of the NBV in Dutch. At the blog Leiden Arts in Society she has contributed a number of posts in English. In 2018 she wrote a post in English about her experience in three Mexican archives, Monk’s Nun’s Works’. The first remarkable thing in this earlier post were for me her pictures of the Archivo General de la Nación, housed in a former prison. Her remark about having to wear gloves and a dust mask when reading archival records from the colonial period has these days received another connotation.

Reyes Elizondo does not say much about the AGNDF in this earlier post, but nevertheless I quote her words for you to ponder them yourself: “In contrast, the notary archive does not have a catalogue at all but two different printed guides which give little information about its contents and could not be photographed but only be copied by hand. For an archive catalogue to be truly useful to a researcher, it should mention how many books or documents were produced by the same person, the length of the collection, the period it covers, and a breakdown of the type of documents. The AHAGN guides only gave a summary of how many books a notary had (guide 1) and which books were for which years (guide 2).” She repeated this statement in her 2020 post in Dutch. If she had stated these things as facts only once, I would have hesitated to set things right, but after two similar statements some corrections are clearly needed.

Banner Censo-Guía

The notice in the Spanish Censo-Guía contains clear information about the time range and physical dimensions of the records within the AGNDF, good for 1,235 meters shelf length, and 5,637 volumes in the Fondo Antiguo for the period 1525-1909. Archivists may call a finding aid or inventory a catálogo but it remains a finding aid. I fail to understand how one can think that a finding aid for notarial records will contain information about acts in each register apart from the notary and the time range. Notarial registers have similar contents, and it makes sense to describe them as series, also in view of their sheer number.

A quick comparison might be helpful. The Stadsarchief Amsterdam has 3,5 kilometer shelf length with notarial registers from the Early Modern period, probably the largest series in its holdings. With indexes and a crowdsourcing transcription project they are being made more accessible. Recently I searched notarial registers in the holdings of two Belgian archives, the Rijksarchief in de provincie Antwerpen and the Felixarchief, the municipal archive of the city Antwerpen. The finding aids for both institutions have the usual succinct form. Detailed access is provided by an index or a more detailed finding aid, called by Dutch archivists a nadere toegang. At the Felixarchief notarial registers have been digitized. Reyez Elizondo wants to be able to use repertories of acts. Thus the AGNDF provides you with a finding aid for the registers and a list of notaries, but in fact more has been done, as I will show here below. To all appearances it seems the two blog posts reflect a confusion between the nature of a library catalogue, an archival inventory, an index, a repertory or any other kind of more detailed finding aids. Surely a book historian will use library catalogues more often than finding aids, but a scholar should be able to see the substantial difference in their nature and character, even when the same term is used for them.

The second web page of this archive gives you a number of links, some of them broken, but luckily the link to a most relevant M.A. thesis functions. Fernando Pérez Celis completed in 2011 at the UNAM his thesis with the title Catálogo de las escrituras notariales de siglo XVIII. Notarías 22, 25 y 352 de Fondo Antiguo, Sección Ordinaria, del Acervo Histórico del Archivo General de Notarías de ciudad de México (PDF, 2011). Pérez Celis described the registers for three notarías. At p. XVIII of this thesis he notes there are 329 notarías for the eighteenth century, good for a total of 1,689 volumes, only 137 of them catalogados. In my view Pérez Celis created a repertorio, a word that should appear in the title of his study. Surely this still leaves large parts of the eighteenth century uncovered for the purposes of Reyes Elizondo, but much more has been done than she supposed. The very presence of the three projects each dealing with whole centuries seems to have gone unnoticed. It would do justice to the AGNDF to include them in both blog posts.

Logo El Colegio de Mexico

When you study Mexican history it is difficult not to encounter various projects of the UNAM and El Colegio de México. The latter institution is home to the Comité Mexicano de Ciencias Históricas which offers a very useful commented list of online resources for Mexican history. The library of El Colegio de México has on its web pages a list with twenty digital projects of this institution. Among the publications of the Colegio de México are the guías de protocolos, guides for notarial acts at the AGNDF for the nineteenth century. For each year a volume will be published. In the colecciones digitales of UNAM’s libraries you can select Tesis eTESIUNAM and quickly find nine relevant titles concerning the AGNDF, among them yet another thesis with a repertory of acts for some eighteenth-century registers, again without the word repertorio in its title. In view of these studies, the guides for nineteenth-century notarial records and the three online projects for notarial registers for other centuries choosing the eighteenth century shows at least courage. Reyes Elizondo certainly has this courage, but her two blog posts do not tell you at all what else can be readily found and has been done for the rich record series of the AGNDF.

Working in Mexican archives

Of course doing research on reading and writing capacities is a good subject, and I cannot say anything against Reyes Elizondo’s approach to this subject. A remark about another archive in Mexico invites me to add some comments. Reyes Elizondo would have preferred to find the notarial acts in the holdings of the Archivo General de la Nación (AGN). Lately the website and other services of the AGN has been redesigned, and in many respects services have deteriorated. The digital collection with mapas, planos y ilustraciones has vanished. The fact that you can now consult both the new and the 1990 version of the Guía general de los fondos makes you almost smile about the operation which is probably motivated by political aims. The thing to note about the AGN is the absence of online finding aids. For the near future it is wise to keep in mind many scholars will want to visit the AGN, and perhaps you will not succeed easily in having a seat in its study room. Simply having more space and more chance to work at the AGNDF is something to relish, even if you have to face a number of other restrictions.

For this post I was able to use the information I gathered on my legal history website concerning digital archives all over the world. On this page I put links and information about archives, archival guides and about digitized archival collections. Without archival guides research would be very much hampered. A number of online overviews and archival guides has already been decommissioned. Using just a single resource for any purpose is only recommended by companies pretending to be The One and Only Firm. Another thing became clear, too: Thinking you know all about archives in your own country is not the most useful attitude. It pays off to take sufficient time to review and adjust your knowledge about archives by using relevant guides, to note carefully their content and to reflect about possible implications for your research. Knowing about the difference between an archival finding aid and a library catalogue should be part and parcel of doing research with original sources in the humanities or in the vast fields of legal history.

A postscript

I want to mention here a work found using the general Repositiorio Institucional de UNAM, a portal to a number of repositories. In her thesis Aidé Elena Rivera Ruiz offers a general overview of the holdings of the AGNDF, Catálogo del Archivo mHist’rico de Notarías (2006; PDF), with particular attebntion to the eighteenth century.

Suriname’s slavery registers unbound

Start screen slavery regisyers, Nationaal Archief, Suriname

On July 1, 1863 slavery was officially abolished in Suriname. A ten-year transitional period followed during which former slave owners received a monetary compensation for each former slave. Since many years people originally coming from Suriname celebrate in The Netherlands on July 1 the feast of Keti Koti, “The Breaking of the Chains”. It is only fitting that last week the digital version of slave registers kept between 1830 and 1863, now hold by the Nationaal Archief of Suriname (NAS) in Paramaribo, was launched by a number of institutions led by Coen van Galen at the Radboud Universiteit Nijmegen and Maurits Hassankhan at the Anton de Kom Universiteit van Suriname, with support from the Dutch National Archives in The Hague.

Last year I reported here on the project to move a number of archival collections concerning the history of Suriname from the Dutch Nationaal Archief to the NAS, and to digitize also a number of these collections. Collections with relevancy to legal history figure large among them. The digitization of the slavery registers is a key element completing the efforts for digital access and conservation, indexing the registers and making them much more accessible for researchers and the general public worldwide. In this post I will look at these registers and their online presence.

A crowdsourcing project

Logo crowdsourcing project "Maak de Surinaamse slavenregisters openbaar"In January 2017 the project for indexation and digitization of these slavery registers started, just after the transfer of important archival collections from The Hague to Paramaribo. A campaign with the slogan Maak de Surinaamse slavenregister openbaar, “Make the Surinam slavery registers public”, proved effective. Some 600 people donated money for the project, and some 400 volunteers helped indexing the registers. To put the record straight, anyone could and can come to these archives to gain access to the original volumes, provided their material state is not too fragile. It is safe to assume that you need to come with good arguments to touch them now they can be consulted online. The Dutch National Archives did already provide public access. The operation to bring archival collections back to Suriname created a more urgent need for conservation and digitization.

The digitized registers now in Paramaribo [NAS, toegang (finding aid) 16, inv.nrs. 1-43] can be accessed using an index form shown above. On purpose the NAS has not placed these registers among its forty digitized archival collections. The Dutch National Archives provide also online access to the slavery registers among its ever-growing set of online indexes. You can download the index in its entirety (4,2 MB, zipped file). At this point something becomes clear when you look at the URL of this file, a web address in The Netherlands at the search portal Ga het NA of the Nationaal Archief in The Hague. The search form of this digital resource at both archives is almost, but not completely identical.

Accessing the slavery registers

Logo Dutch Nationaal Archief, The Hague

You can use either a simple search form (Eenvoudig zoeken) with three fields, one for a free text search and two fields for setting a period, or go to Uitgebreid (Advanced search) with more fields. In the second mode there are additional fields from the slave name, the name of the mother, and the name of the slave owner. You can click on the search results in order to get both the information on a person, including also gender, references to the registers and the type of register – with its inventory and page number – and an image of the page in question. It is possible to zoom in at will to any image. Each scan has an individual URL, a URL from my country when viewing individual results, meaning there is one single database behind the two versions. By clicking on the field name in the results you can change their order. You will find either the names of owners or the name of the plantation and its location.

NAS, series 16, no. 34, fol. 2667

It is not my purpose to single out here any defects and omissions, but a few things are very visible. First of all the version hosted in The Hague contains additional information which is not or not yet provided at the website of the NAS. The section Achtergrond (Background) informs you about the information given in the search fields, with a second page about slavery in Suriname and the introduction of slavery registers and their survival. There are important losses, not in the least some registers of slaves owned by the Dutch colonial government. In the registers mutations such as birth and death, acquisitions and sales should be written down. A third page on Gebruik (Use) contains instruction on the use of the indexes and the interpretation of results, and also a handy list of common abbreviations in the registers. The other pages contain a colophon about the project and the user license (CC-BY-SA 3.0 NL).

A second thing to note is the incomplete translations in the English version of the search form. Even the simple search form has not yet been translated completely. The field names in the results screen have not been translated. A much sillier thing becomes also visible: In cases where there is no gender information, the volunteers entered the word Leeg (Empty). I suppose there are more concise and effective ways to convey the fact that no data have been entered in a particular field.

Viewing the context

Using to a large extent at this moment only Dutch for this project is not a particular lucky thing, and you can even extend this to the project website. Translations in languages such as English and Sranantongo are not just welcome, they are simply needed to really open this resource to people worldwide with interest in Caribbean history, the history of slavery or Dutch colonial history. For any project on Dutch colonial history in the East Indies contemplating translations into English and/or Bahasa Indonesia is luckily a natural thing. The project team states flatly these registers are a worldwide unique resource, the only series of its kind. On the project website some further, rather important explanations about the actual state of the slavery registers are offered. It appears no general index to the series existed. Some registers could be consulted on microfiches, but without one or more indexes searching would mean wandering in a jungle without much hope for any results. The thing to note here is that only in 2017 the need for an index was perceived as sufficiently urgent to start a project to deal with this sorry situation. Earlier on having only severely hampered access seems not to have led to constructive action. Van Galen and Hassankhan rightly stress the importance of the slavery registers for not only genealogical research, but as a key resource to connect with the manumission registers, neighbourhood registers of the city Paramaribo and other sources for Suriname’s history during the nineteenth century. The historic context and the slavery registers can enrich the information contained in them in both directions.

Surely we need to thank Coen van Galen and Maurits Hassankhan and the army of volunteers who succeeded in getting their tasks completed in time. Van Galen and Hassankhan provide on the project website a very useful page with four PDF’s with information that should immediately be included on the websites of  both versions of the online index. The project leaders provide a list with the names of plantations and other Dutch posts in 1834 (530 kB), a list with the names of free people in Paramaribo in 1846 (2,2 MB), both created by Huub van Helvoort, a list with first names of enslaved people on a number of plantations (70 kB), and even a list of letter forms, letter combinations and some Dutch words in nineteenth-century Dutch script (650 kB). It is good to see some basic historical skills are not forgotten! However, to my disbelief I did not find on the project website the URL of the index, not even after a few days… The slogan Open the slavery registers seems to have been at least temporarily forgotten by the web team. More down to earth, the current summer heat in my country, the gulf of enthusiasm about the launch, and the very end of the academic year created perfect excuses for forgetting to open literally the doors to the final results of the project also at the project website. The absence of news items from June and July 2018 is another indication for the sleeping state of the project website.

Such omissions and minor problems can be fixed quickly. I would urge anyone involved with this project to proceed as soon as possible with distributing lacking information to both versions and completing the translations. This succesful project well deserves this last effort to remove the barriers and chains which hindered easy access and practical use. The slavery registers of Suriname deserve interest from many corners.

A postscript

The uniqueness of these slave registers should be considered in the light of the presence of similar registers held at the Nationaal Archief Curaçao (005, Archief Koloniale Overheid, inventory 3, Hoofdambtenaar Arbeidszaken, inv.nos. 53-60 (slavery registers), and 005 Archief Koloniale Overheid, inventory 16.6, Burgerlijke Stand/Bevolking/Registratie, inv.nos 116-117 (emancipation registers). The eight slavery registers have 1070 folia). In August 2020 I reported here about digital access to these registers from Curaçao, and in that case, too, the Dutch Nationaal Archief provides access to them, and again in a slightly but significantly different way. Okke ten Hove righly commented that you should view slavery registers in connection with manumission registers and other resources.

An empire of laws and books

Empires come and go in different forms. The Spanish colonial empire came into existence and made its mark on people not only by physical conquest, but also by the power of words in print. The sixteenth century was witness to the success of the printing press. Governments used books in many ways. In this post I would like to introduce a new digital collection concerning colonial law in Latin America created by the library of the Max-Planck-Institute for European Legal History in Frankfurt am Main, In recent years global and transnational legal history has become a major focus in the various programs of this institute. At the start of a new academic year and at many other moments it is always sensible for legal historians to have a look at the developments of this great research institute.

The laws of the Indies

Starts screen De indiarum iure

The new digital collection has a Latin name, De Indiarum iure, “On the law of the Indies”As for now there are 33 titles in this collection. Instead of deploring the low number of books you had better appreciate the presence of works on canon law and the Christian faith. This mixture of subjects shows in a nutshell the all-encompassing impact of the books the Spanish published, mainly in Mexico and sometimes elsewhere in Latin America. The work that gives its name to the collection, Juan de Solórzano y Pereira’s De Indiarum Iure, has not yet been digitized within this digital library. You can consult online a copy of the first edition (Madrid 1629) in the Internet Archive (copy Rome, Biblioteca Nazionale Centrale). There is a reprint of this edition (Frankfurt am Main, 2006). A modern critical edition of this text has been published in the series Corpus Hispanorum de poce by C. Baciero (3 vol., Madrid 1994-2001).

More to the point is perhaps the question of the relation of this new collection to the project of this Max-Planck-Institute around the legal history of the School of Salamanca. The term School of Salamanca refers to Early Modern authors who taught at Salamanca in the fields of law, theology and philosophy. A fair number of them were either Dominicans or Jesuits, and their background was another factor in making the debates more interesting and complicated. In fact there is a web page of the institute for cooperation with a second project in Germany concerning this Spanish university, The School of Salamanca (Akademie der Wissenschaften und der Literatur, Mainz). Thomas Duve, one of the two directors of the MPI in Frankfurt in Main, leads also this project in Mainz. The Mainz project will eventually also present a digital library of relevant resources. Thoughtfully one has already provided a list of works to be digitized. The website of the Salamanca project at Mainz points to a number of relevant links and even a mailing list for those interested in the project. These webpages can be viewed in German, English and Spanish.

Start screen digital collection The School of Salamanc

At a separate website, The School of Salamanca, with indeed a very sensible use of the extension .school in its URL, you may want consult the digital collection created for the project at Mainz which now contains 118 works. On closer inspection you will find currently only 21 works, with links to the online catalogue of the university library at Salamanca, but no actual links to digitized works. However, in the digital library of the Universidad de Salamanca you will find a number of the works announced at Mainz. Where possible links to digitized works at Salamanca could be added swiftly. The website with the digital library will also contain a legal-political dictionary. Both projects seem promising, but at this moment they both do not yet bring you completely what you would expect. The MPI website does not yet give you the URL of the joint digital collection. By all means one can wonder about the launch of two related digital collections which seem to cry out for an integral approach following the lines of the new projects at the MPI which cross borders effortlessly. Both projects do look beyond more traditional ways of inquiry. The blog of the Mainz project is one of the places to look for various aspects of modern research into Spanish authors, as does the general page of the MPI on the School of Salamanca and legal history.

A third project, Scholastica Colonialis, is worth some attention here, too. Scholars from six countries do research on the history of Spanish and colonial philosophy in the Early Modern period. This project will not contain a digital collection.

Logo Primeros Libros de las Americas

On purpose I mentioned the absence of a special digital collection at Scholastica Colonialis. In view of the variety of digital libraries in Latin America and those in Spain and Portugal concerning the Americas it is justifiable to question the need for a new digital collection. The MPI wisely chooses at De Indiarum iure mostly works not commonly associated with legal history. The project at Mainz has not yet completely implemented its choice for works digitized at Salamanca, but its aim and the argumentation behind this choice seem clear. To get an idea of the number of digital libraries for both North and South America you might want to look at the links collection I created at my own legal history website. For perfectly understandable reasons the MPI at Frankfurt am Main does not maintain a portal for legal history with extensive links collections, otherwise I probably would not have started my own pages with links to digital libraries, archives and image collections. To mention a few examples of the very extent of such libraries, the international Biblioteca Digital de Patrimonio Iberoamericano now even has a section for incunabula. Primeros Libros de las Americas is a second international project which brings you books printed in the Americas before 1601. This is the place to mention also the online Catálogo Colectivo de Impresos Latinoamericanos hasta 1851 for Latin American editions, and you might want to use the Catálogo Colectivo del Patrimonio Bibliográfico Español.

My first impression of the De Indiarum iure digital collection at Frankfurt am Main is mixed. Perhaps it is best to see it as a kind of preview. When eventually more titles have been added to it, the collection will certainly be a further asset to the digital library of the Max-Planck-Institut für europäische Rechtsgeschichte. No doubt the word “European” will one day disappear from its name! The digital collection at Mainz strangely lacks links to digitized books, but this omission can easily be repaired. A second thing to keep in mind is that whatever the qualities of both digital collections might be, they form elements for projects that will massively enrich our knowledge, understanding and views of the School of Salamanca as a factor in Spanish and Latin American history with a fascinating interplay between scholastic thought, legislation and Early Modern debates on many aspects of law and society.

A postscript

In Spring 2018 it is possible to access 21 digitized books in the digital corner of the School of Salamanca; they can be viewed using the IIIF Mirador viewer.

Finding Suriname’s legal history

Storage of archival records ready for return to Suriname - image F. van Dijk, Nationaal Archief, The Hague

Storage of archival records ready for return to Suriname – photo by F. van Dijk, Nationaal Archief, The Hague

Dutch colonial history is a subject which since 1975 with the Surinam independence sometimes came into view and in other periods seemed to recede into the shadows of neglect and disinterest. The activities surrounding the remembrance of the abolition of slavery in Suriname have rekindled public attention for this subject in the Netherlands. Since many years the Dutch National Archives helps the Nationaal Archief Suriname (NAS) in Paramaribo in creating finding aids and preparing the transfer of archival collections from The Hague to Paramaribo.

Apart from actions for the physical records of these collections, such as restoration and much more, digitization is one of the approaches to make them more accessible both for the people of Suriname and for everyone interested in their history. This week a tweet by the search platform Ga het NA – best translated as “Check it at the NA” – of the Nationaal Archief (@gahetNA) alerted to the online availability of 3,5 million scans, substantial results which merit attention. However, since much information on the websites of these two national archives is only given in Dutch I will provide here a concise guide to a number of the materials which touch aspects of Suriname’s legal history. The translation tools of the famous Grand Omnipresent Web Firm can redeem to some extent the problem of languages, but some guidance is helpful.

My interest in these digital archives grows steadily this month because I have at last added a page about digital archives in the digital corner of my legal history website Rechtshistorie. Adding the collections concerning Suriname certainly fills a gap. Instead of preparing this new page in silence and deploring its incompleteness I might as well invite you to look at it, and contribute your own constructive suggestions.

A tale of archives

Logo Nationaal Archief Suriname

In the forty years of Suriname’s independence much had to be done to provide the new nation with a proper national archive. Dutch support was certainly helpful, but not always completely welcome. The history of Suriname is documented in many archival collections at the Dutch Nationaal Archief, not only in those strictly dealing with parts of the Dutch colonial empire. A start at this more general level can illustrate this rapidly. At Ga het NA you can use 115 online indexes. An alphabetical overview of them takes three web pages. The first page contains for example a guide for Ghana, a country connected to Latin America by the slave trade. At the second page you should not only look for Suriname, but also for the West-Indies, in particular an index for pensions of civil officers. The third page continues with more indexes concerning Suriname and three indexes dealing with the Dutch West-Indian Company, one for the registration of investments at its Amsterdam branch (Kamer van Amsterdam) and two concerning the Dutch period in Brazil.

Logo Ga het NA - Dutch Nationaal Archief, The Hague

In the absence of a good site map at Ga het NA I have to refer you to the Dutch version of the fine research guide for Surinam history. You will quickly understand that politie stands for the police force, notarieel refers to matters dealt with by notaries, and the gouverneurs are the governors. The Raad van Justitie (1671, 1718-1828) and its successor, the Hof van Civiele en Criminele Justitie, were the main judicial courts. The Hof van Politie en Criminele Justitie (1684-1828) was another important court dealing with cases concerning public order and criminal offenses. The Rechtbank van Kleine Zaken was a minor court dealing with smaller cases. The Militaire Gerechtshof was the military court. The section for maps (kaarten) is also generous. Maps in the archival collection of the Topografische Dienst, the Dutch National Cartographic Service, have been digitized, as is the case for the collections Buitenland Kaarten Leupe and Leupe Supplement. The guide gives you also a succinct bibliography and some links to other websites. It would be most helpful to see immediately in such overviews where online scans are available, because this is exactly what many people today will foremost check for at any website. In a post about 200 years Dutch cadastral office I mention more collections with maps concerning Dutch colonial history.

Here the NAS scores clearly with a section simply called Archieven online. This overview contains currently 35 archival collections. The largest digitized collection with some 590,000 scans has been created by the secretaries of the government between 1722 and 1828, with some materials even dating from 1684 (Gouvernementssecretarie van de Kolonie Suriname, finding aid 1.05.10.1). Here you will find in particular some registers with plakkaten, ordinances (nos. 612 (1684-1782), 742 (an alphabetical index, 1781-1829), 788 (after 1796-1827)). Finding aid 1.05.11.14, Oud Notarieel Archief is the second largest collection with online scans. You can access here nearly half a million scans of notarial registers written between 1699 and 1828. The nos. 758-768 for the period 1707-1803 are registers of letters of exchange and other documents concerning trade, in particular maritime trade. Register 911 comes from John Martyn, “public notary residing at Paramaribo” between 1809 and 1814, during the period of English rule over Suriname. When you want to approach Suriname’s legal history from a comparative perspective such sources are invaluable.

First page of the 1839 dossiers of the Miiltiary Coirt, 1839

The only digitized surviving case record of the military court of Suriname, 1839 – NAS/NA, 1.05.11.5, no. 1, fol. 1r

For a combined civil and criminal court in Suriname, you can find digitized archival records in finding aid 1.05.11.13, Hof van Civiele en Criminele Justitie (1828-1832; 2,100 scans). For the same period there are scans of records from the Commissie tot de Kleine Zaken, a court for minor offences (finding aid 1.05.11.4; 533 scans). The collection for its forerunner with almost the same name, College van Commissarissen voor Kleine Zaken in Suriname (1740-1828) (finding aid 1.05.10.05) contains some 133,000 scans. The digitized records of the military court (Militair Gerechtshof) boil down to scans of a single case heard in 1839 (1.05.11.5). Among the 35 digitized collections I would like to point also to the Gecombineerde Weeskamer (1788-1828) (1.05.11.12; nearly 68,000 scans), an institution which dealt not only with orphans, but also with custody cases and belongings (boedels). A major addition to our knowledge of Jews in Latin America are the digitized records of the Portugees-Israëlitische Gemeente (1678-1909). Finding aid 1.05.11.18 gives you some 155,000 scans. You will find among the notarial registers mentioned above some volumes written by jewish jurators. By the way, the scans are currently hosted on a server of the Dutch National Archives. The faded quality of the case record shown here is a useful reminder how much work it takes to preserve and restore to useable conditions of records which survived tropical conditions and will return to a country near the equator.

Banner The Dutch in the Caribbean World

The NAS adds a generous links selection (in Dutch). Hopefully versions in Papiamentu (Sranantongo), English and Spanish will soon be added, following the example of the recently launched Dutch Caribbean Digital Platform, created by the Dutch Royal Library, the University of Curaçao and Leiden University. Its Dutch Caribbean Heritage Collections contains a few digitized books concerning law and government. Let’s not forget the general overview of archival collections held by the NAS. You can trace some 1,100 documents for Suriname and read transcriptions of legislative text using the portal The Dutch in the Caribbean World, c. 1670-c.1870 of the Huygens Instituut, recently moved to Amsterdam.

Even this concise introduction to a few highlights taken from a huge number of digital scans should convince you that the two national archives can be proud of their efforts to digitize, preserve and disclose priceless records of a country and a people. Suriname’s present condition is not at all good, but nevertheless it will hopefully help to have both physical and virtual access to records from another period where law and justice did not always reign supreme. Luckily having the originals back in Suriname goes together with creating worldwide access.

A postscript

In January 2017 started also a crowdfunding project to create online access to the slave registers of Suriname.

Looking at Cuba’s legal history

With the death of Fidel Castro (1926-2016) an era of revolutionary turmoil ends and a period preluding to a transition seems to begin for Cuba. All over the world the events that made Castro a legendary figure, both idolized and hated, will be brought back into view by the media. In this post I would like to look succinctly at some elements of Cuba’s legal history. My overview is coloured by the sometimes random presence of digital collections, but nevertheless it seems useful to bring them together. As a matter of fact I did not search these collections only in the wake of today’s headlines. You can find my selection of relevant digital libraries for both North and South America on my web page with digital libraries which deal with or concern exclusively law and justice. Lately I discussed here Lara Putnam’s article about the dangers of relying too much on digital resources. I hoped to have steered away of some of the pitfalls she indicates, but there is here ample attention for digital resources.

Law and justice in Cuba

Header dLOC

When looking at Cuba it is perhaps most fitting to look at this island first of all from a Caribbean perspective. The Digital Library of the Caribbean (dLOC) is a portal created by an international consortium of research libraries. One country gets special attention at dLOC, Haiti. The section for law at dLOC contains more legal materials about and from Cuba than for any other country, some 6,000 items. A search for Cuba as a subject in the DLOC yields nearly four thousand items. You can approach dLOC in three languages. dLOC contains for example the Diario de sesiones del Congreso de la Republica de Cuba from 1902 to 1957. Among the contributing institutions of the dLOC is another digital portal, Manioc, which focuses on former French colonies in the Caribbean. Luckily this portal has an interface in four languages. With only some thirty digitized historical printed books concerning Cuban law and history the harvest here might seem at first insignificant, but the significance is more to be aware of the melting pot of languages in the Caribbean, with not just Spanish, English or Dutch as European influences. A more general search for Cuba at Manioc brings you nearly 2,300 results. dLOC has a special section for nineteenth-century Cuban imprints. The Braga Brothers Collection at dLOC deals with the history of the Cuban sugar industry.

At dLOC the revolutionary period of Cuba comes in particular into view with the digital collection of Mexican and Cuban film posters. There is also a virtual exhibit of these posters.In opposition to them stands the collection of digitized Cuban exile newspapers produced in Florida. The film posters can be supplemented by the well-known Latin America Pamphlet Coillection of Harvard University. For pamphlets the Latin American Pamphlets Digital Collection of Harvard’s Widener Library is a starting point. The Digital Archive of Latin American and Caribbean Ephemera of Princeton University contains some 900 items concerning Cuba.

logo-bdpiCuba figures, too, at the portal of the Biblioteca Digital del Patrimonio Iberoamericano. This portal is the fruit of cooperation between a number of Latin American national libraries, among them the Biblioteca Nacional José Martí at Havana. I mention the portal especially because it offers you access with a trilingual interface. The digital library of the Cuban national library can only be viewed in Spanish. At the portal you will find for Cuba mainly digitized literary works. You will find the database for the national bibliography useful. Let’s not forget to mention the Archivo Nacional de la República de Cuba and the Instituto de Historia de Cuba.

Header Civil Code (1800-1923) - FIU Law

A starting point for looking at Cuba’s legal history might be the digital collection Civil Codes (1800-1923) in the eCollections of Florida International University Law Library in Miami. You can find here the Cuban Código Civil of 1889 and a second edition from 1919. Interestingly this digital collection contains also nineteenth-century codes of civil law from Marocco, Spain, Portugal, Japan and the Netherlands, the last in a French translation [Code civil néerlandais, P.H. Haanebrink (trad.) (Brussels 1921)]. The FIU Law Library has also created a digital collection for Cuban law before 1961, and in the Mario Diaz Cruz Collection you will find materials collected by a prominent Cuban lawyer. Comparisons between the law in sixteen Caribbean countries are possible thanks to FIU’s digital collection Caribbean Law and Jurisprudence with acts, ordinances and case law reports. The Red des Archivos Diplomáticos Iberoamericanos has a section with the main juridical documents from Cuba between 1904 and 1934 and a link to the Cuban Guia de Tratados, alas as for now without any treaty.

Latin American perspectives

Yet another example of a digital collection which covers Latin America is the Spanish America Collection at the Internet Archive, created by the John Carter Brown University Library, Brown University, Providence, RI. This library has not just digitized some 3,700 works but also very sensibly divided them into smaller collections, among them one for Cuba. Just 35 books might look a meagre result, but among these books are for example Ignacio José Urrutia y Montoya, Teatro histórico, juridico, y politico-militar, de la Isla Fernandína de Cuba, principalmente de su capital La Havana (Havana 1789) and the treatise Instituciones de derecho real de Castilla y de Indias by José Maria Alvarez (2 vol., Habana 1834). The John Carter Brown Library provides also an important visual collection, the Archive of Early American Images. Among the general digital resources for the history of Latin America I would like to mention also the Early Americas Digital Archive, University of Maryland.

The largest quantity of digital collections concerning Cuban history and culture has been created by the Merrick Libraries, University of Miami. The Cuban Heritage Collection with over fiftysub collections covers many subjects. This set of collections is clearly also the core of the Cuban collections at dLOC. It is a matter of choice to look here at them from specific angles or to approach them from a Caribbean perspective at dLOC.

It is possible to pursue many avenues and to spend much time in finding more information. Just two weeks ago Mike Widener (Lillian Goldman Law Library, Yale University) wrote about some recently acquired books about Cuban law. Speaking of blogs you might as well go straight for In Custodia Legis, the blog of the Law Library at the Library of Congress. You will find much of interest in the seventeen contributions touching Cuba. For Latin American constitutions you can choose at will from several portals dealing with constitutions all over the world. At my website I mention most of them, but you might want to have here the direct link to the main portal for Latin America, Constituciones Hispanoamericanas, part of the Biblioteca Virtual Miguel de Cervantes.

Perhaps more closer to the actual situation at Cuba is the Presidio Modelo, a former prison built between 1926 and 1931 following the panopticon model advocated by Jeremy Bentham. The prison was in use until 1961 and is now a museum. You cannot help thinking that a panopticon model would have suited a particular kind of regime. Fidel Castro himself once was a prisoner here. Anyway, many people were forced to leave or choose to leave Cuba. Duke University has made a digital collection on Caribbean Sea Migration between 1956 and 1996 in which you can find apart from Cuba also Haiti and the Dominican Republic. At Habana Patrimonial, a portal to Cuban heritage, only the links to museums seems to be functioning.

Whatever the future might bring for the Cuban people, Cuba and Castro formed an inseparable unit. To the alliteration of these words many will add the name of Kennedy. The Cuban missile crisis of 1962 is the subject of a virtual exhibition created by the John F. Kennedy Presidential Library and Museum in Boston. It is easy to focus on the clash between Cuba and the United States in the second half of the twentieth century, and therefore it seems just to remember here also at least briefly the story of the Amistad. Tulane University has created Slavery and the U.S. Supreme Court: The Amistad Case, a digital collection about the story of a ship with 53 Africans faced with the threat to become slaves. Their voyage to New York started on June 28, 1839 in Havana. Tulane University has also created a digital collection with some 1,800 early photographs of Latin America. For a much wider panorama of Latin American legal history you should not miss Global Perspectives on Legal History, the book series both in print and online in open access of the Max-Planck-Institute for European Legal History at Frankfurt am Main. This institute runs several projects on legal history and Latin America.

You might be tempted to think my tour of websites could go on forever! Those who visit my blog more often are used to see contributions with many web links. I provide them for your use, not to chase you away from my blog, but to bring you to resources which are sometimes difficult to find or easily overlooked. Please use these links, it is a pleasure to share them with you, and hopefully they help you to gain insights into Cuba’s (legal) history and culture.

A postscript

Of course more blogs bring posts and comments about Cuban history and Fidel Castro. Here a selection:

– Cindy Hermus, The Cuban Revolution and me, Age of Revolutions – July 4, 2016
– Michelle Chase, Reading List: Cuba, Age of Revolutions – July 7, 2016

One post is always too short to mention everything, but the presence of Cuban legal materials at LLMC Digital merits attention for those able to use them at subscribing institutions. A search at the World Legal Information Institute yields results from 1758 onwards with cases in English reports. The Latin American Interests Group of the FCIl-SIS, a branch of the American Association of Law Libraries, is working on a new online Guide to Legal Research on Cuba. Meanwhile the guide to current Cuban law with lots of links offered by the Law Library of Congress should satisfy many needs. At Globalex Yasmin Morais is responsible for the guide on contemporary Cuban law.

In my hunt for relevant digital resources I forgot to look for a relevant edition of the well-known Guía del investigador americanista, a feature of the online journal Nuevo Mundo/Nuevos Mundos. Early in 2016 Vanessa Oliveira and Xavier Calmettes published their fine and nicely illustrated Guide du chercheur américaniste : Enquête de terrain et travail de recherche à Cuba.

In particular on my page about digital libraries of my portal site Rechtshistorie I have brought together an overview of materials concerning Cuba’s legal history.

Mixed seductions: Combining global history with digital research

Tag cloud of Putnam's article created with WordItOut

Having a daily increasing number of digital resources within your reach can be both a blessing and a bane. It is seducing to think you can find everything in digitized sources. Lara Putnam (University of Pittsburgh) challenges historians in her article ‘The Transnational and the Text-Searchable: Digitized Sources and the Shadows They Cast’, American Historical Review 121/2 (2016) 377-402, to reflect about their research practice and research methods. She warns us to distinguish carefully between getting data and searching results in a digital world, and gaining real insight into historical developments. How realistic is her image of historians sitting behind the computer screen wallowing in online sources at one side, and historians immersing themselves in actual historical sources? Putnam’s article invites us to rethink the essential qualities of being a historian. At my blog you can find contributions dealing with many countries, and the transnational turn is often combined with the use of texts available in digital formats. The practices Putnam wants to signal are present here at my own blog, and thus it is not only understandable but a must to look carefully at this article.

Logo World History Association

Global history might at first seem a subject way out of your normal territory or territories. However, I could count on the congress calendar for legal history at my blog for 2016 at least four conferences which aim at dealing with world history, starting in Heidelberg (June 20-22, 2016): Law, Empire and Global Intellectual History, Cartagena de Indias (Colombia) (August 23-25, 2016): Law in a Global Context / El derecho en el contexto de la globalización, Berne (September 7-10, 2016): The World of Prisons. The History of Confinement in Global Perspective, Late Eighteenth to Early Twentieth Century, and Helsinki (October 3-5, 2016): Law between Global and Colonial: Techniques of Empire. The 25th World History Association Conference was held quite close to my country, in Ghent (July 2-5, 2016).

Blessings and curses

When you download the free accessible PDF-version of Putnam’s article it seems at first something went wrong. You look at a wordle showing terms around the word progress using the content of G.G. Iggers’ 1965 study The Idea of Progress. It prepares to some extent the way to an article in which Putnam wants us to rethink the way we do history today as scholars. I felt invited to process Putnam’s text with another tag cloud generator. Let’s first summarize the main line of her article. With the transnational turn, the growing possibility to transcend national borders, a second major change, the digital turn, follows closely. We can swiftly procure and access digitized sources from other continents, and we might even forget we are strictly speaking dealing with foreign territories for which our training has not quite prepared us. Historians do not yet use commonly digital techniques, but they do hunt texts using a host of websites, search machines and portals. This almost unreflected use is rather in contrast with the continuing reflection of those scholars developing and pioneering digital tools and methods. To a far greater extent than we tend to see the way we can search the internet has reshaped the practice of working in the field of international history. The digital landscape has no borders, and this might tempt one to forget about real borders and the impact of topography and local conditions for your research.

In a large second section of her article Putnam looks at a number of cases from her personal research experience in Latin America. Already the sheer preparation of a voyage to find something literally outside your province could be immense. The rule-of-thumb sequence of your own institution’ library/libraries, the nearest large university, the nearest former capital of some empire (Rome, London, Washington), and (large) archives and libraries near or in the region you wanted to study is still recognizable, but today it tends to fade away. Studying a country which was at some point part of an empire often means that cultural institutions have been organized along national lines, or worse, such institutions embody nationalism. In the nineties Putnam faced this situation in Costa Rica.

Among the interesting points Putnam makes is how in some fields of Early Modern history, in particular international history and diplomatic history, it still is possible to view matters in many countries thanks to specific sources, for example diplomatic correspondence and reports. However, here, too, the information you use tends to focus on centers and powers. Peripheral regions and movements were difficult to view, because it was very expensive to look sideward and to find out about regional resources, let alone visit these regions for a research period.

The rapid growth of digitization has made it possible to look at much more materials than before. Knowing about a particular publication was sometimes already a feat, but now you can almost instantaneously view inside a book, be it thanks to the preview function of The Inevitable Web Firm or in an ever-growing number of digital collections. Putnam remembers how she used microfilm reels of the Limón Searchlight, a newspaper published in the twenties in Costa Rica. Now you can consult two other Costa Rican newspapers at home, and find out much about people who she had encountered only in a rather cryptic notice in this newspaper. In fact digitization helped her to establish the presence of networks that had been almost invisible before. Even leafing through the Limón Searchlight has become different now, because you know about the way a digital search can open new vistas.

However, the benefits of digital research can have also negative effects. The way you can immerse yourself in the particular sources within your physical reach is radically different from using digital resources which connect records to each other in just a few minutes. You might boast about the sheer number of digital collections and the number of countries you deal with in a publication, but somehow you blend out the tradition of slowly but undeniable becoming intimately familiar with a subject and your resources. Apart from the specific items you might want to track down in a newspaper you would get from it a panorama of what seemed important to people, what surrounded them and gave a place and a time its singular color and flavor. Here Putnam challenges historians to realize how much their practice has changed by the digital turn. It is high time to reflect on the impact of digitization for all aspects of historical research.

At this point I would like to stress the fact any summary can hardly do justice to the thoughtful argument put forward by Putnam. If you only use her article to track down in her footnotes relevant publications about transnational history, digital tools and research methods you would definitely learn a lot, but there is more than a gold mine of references. Putnam urges scholars to distinguish carefully between world history, global history and transnational history. The latter proposes to not just transcend political borders, but any kind of border, and look at subjects, themes and problems at multiple levels and angles.

The most telling danger of relying too exclusively on digital research might be that you can access materials from any point on earth without placing yourself in the very environment you want to study. You will miss the help of local historians and other scholars in a particular region, you will be less aware of their focus, traditions and bias. The translating function of the same multifaceted and omnipresent Web Firm will give you only a rough indication of their language and writing styles. The predominance of Anglo-American digital resources might have weakened, but there is a tendency to follow the lead of American and British scholars and institutions, not to mention the gap between those able to use digital resources to which institutions within your vicinity subscribe, and those unable to get access to them. Instead of an insider’s unique perspective you might unduly distance yourself, and thus lose grip and understanding which nothing can replace.

Matters to debate

The main thrust of Putnam’s article is certainly recognizable. I fully agree with her about the necessity to reflect about the influence of the digital turn which slowly but decisively changes the methods and practice of historical research. You might wonder why a European historian would want to learn something from this article focusing on North and Latin America. It is the very distance that helps me to discern patterns better than when looking at examples from research for European history. At the same time some of the differences can be telling.

While reading Putnam I remembered a book which I had to read as a student with a very particular title, Apparaat voor de studie van de geschiedenis, originally written by Jan Romein, and in later editions edited by J. Haak and J.G.F. Hasekamp. This “Apparatus for the Study of History” gave you indeed what its seemingly odd title promised to offer, a tool with a kind of crossover between a library guide, a reading list and a set of basic country and subject bibliographies, including references to works for the historical auxiliary sciences. Surely a similar book exists for American history. German scholars have the Baumgart, a guide for doing research in German history, but here, too, the scope is sometimes amazingly wide [Winfried Baumgart, Bücherverzeichnis zur deutschen Geschichte. Hilfsmittel, Handbücher, Quellen]The Apparaat did not only contain titles of works in Dutch, but also in English, German and French, and only when strictly necessary in other foreign languages. Spanish works are present at a number of points.

I wonder which languages would figure in the American counterpart of the Apparaat and the Baumgart, because I remembered someone else, too, from my student days, a young American historian working for his Ph.D. thesis at Utrecht with marvellous command of the Dutch language. He told me how lucky he had been to visit a high school which offered a wide range of languages to its students, something not commonly encountered. I could not help asking myself while reading the paragraphs about Costa Rica and the Caribbean whether it would be a natural matter to have sufficient command of Spanish to include resources in Spanish already in a preparatory phase. I am sure there were and are country guides in print for any Caribbean country, but Putnam is right in stressing the fact that guidance often has the national level as its focus.

Yet another basic fact of your training comes to mind, having access to printed works in open stacks or having to rely much more on the catalogs of your institution(s). At Utrecht we had at the history institute not only open stacks but also a special room with rare books. This cabinet served also as a official deposit site for archival records on loan from archival institutions elsewhere. Legal historians, too, can take many books from the shelves of the open stacks at the new premises of the law library inside the city location of Utrecht University Library. At the old location at the Janskerkhof there were even two rooms with rariora for Roman law and Old Dutch Law, and also materials from other European countries. I am convinced this background does influence you more than you might be aware.

As for locating books in my country the Royal Library in The Hague is home to the Nederlandse Centrale Catalogus (NCC), the Dutch central catalogue for the holdings of university libraries, and there is a second central catalogue for a number of regional libraries. In my opinion the online version of the NCC should be available in open access. If I had to start looking for materials concerning the Caribbean I would think about visiting and using the resources of the Royal Netherlands Institute for South Asian and Caribbean Studies (KITLV) in Leiden, the Royal Tropical Institute and the International Institute for Social History in Amsterdam. You could envisage the main cities in the west of my country as a single agglomeration with The Hague, Leiden, Amsterdam and Utrecht all really close to each other. Thus the problem with the 2009 online Guía del investigador americanista en Ámsterdam by Moira Cristiá is not only its brevity and focus on the IISH, but the utter failure to understand how close other Dutch cities with relevant research institutions are.

In Putnam’s list of nearby capitals of former empires Paris and Berlin are conspicuously absent, but you might also question the absence of Madrid, Simancas or Sevilla, all of which figure in other issues of the online Guía del investigador americanista, a service of the multilingual online journal Nuevo Mundo/NuevosMundos. Putnam mentions of course the LANIC (Latin American Network Information Center) in Texas. She mentions in her article only once bibliographies. I leave it to you to think about a punch line to discern between those who use bibliographies and those who do not… The National Union Catalog (NUC), in modern eyes perhaps the forerunner in print of WorldCat, nowadays also available and searchable online thanks to the Hathi Trust Digital Library consortium, does not figure at all. The Hathi Trust has digitized Thomas Leonard’s A guide to Central American collections in the United States (Westport, Conn., 1994), and you might want look there for more. I suppose Putnam left the NUC and the Library of Congress out precisely because it is so natural to start with them. The online version of the Handbook of Latin American Studies and the Hispanic Reading Room are only two starting points at the Library of Congress.

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However, libraries are probably not so much the problem, but finding out about relevant archives. Each country has not only very different archives, but their coverage is also not uniform. A number of countries have major municipal archives, in other countries these are rare. In some countries university libraries have large archival collections, and in yet another country you find a network of regional archives. It can be hard to find archives outside the governmental system of archival institutions, for example ecclesiastical archives. The famous online portal Repositories of Primary Resources (University of Idaho), once a familiar landmark on the web, is now only accessible in an archived version at the Internet Archive, and you will agree with Putnam about its incomplete coverage and bias. Sometimes you are lucky your chosen country figured in the eighty volumes of the country guides created by the Federal Research Division of the Library of Congress. The Dutch website Archiefnet can be viewed also in English, but alas this overview of archives worldwide is no longer updated, and here, too, the attention outside Europe is for national archives. For many years the Nederlands Archievenblad, the journal of the Dutch Society of Archvists, ran a series with articles about archives abroad. Since many years the Unesco Archives Portal is no longer active. At LANIC you can be disappointed at first by seeing in the country archives guide for Costa Rica only the Archivo Nacional de Costa Rica, but this national archive has created an online Censo Guía de Archivos. LANIC provides you with links to four online directories for archives in the Ibero-American World. The Spanish Censo-Guía de Archivos de España e Iberoamérica will tell you about the great variety of archives and archival collections.

Banner Maps in the Crowd

For Putnam the way the presence of digitized materials can lead you astray is the true heart of the matter. You might be tempted to equate the absence of digital collections with the absence of any relevant archival institution with collections interesting for your research. How can the digital turn and the transnational turn combine into a way of doing research that comes closer to the aims of both movements and developments? Among developments enabling to create a positive influence for the transnational turn Putnam mentions the importance of projects for georeferencing maps. Such maps help in a very concrete way to free yourself from the national perspective, even if such maps were often created by governmental agencies. This example speaks to me a bit more forceful at the very moment Leiden University Library is close to finishing a crowdsourcing project to georeference some 7,000 maps from the collections of the KITLV, Maps in the Crowd. The old search interface is still there, and the accompanying blog can tell you more about this project. The British Library is also working along similar roads to georeference its maps, to give just one other example.

While writing this post I could not help noticing the role of Pittsburgh in global history and digital initiatives. The Carnegie Mellon University has created the Universal Digital Library, with some 26,000 books concerning law and in particular large collections concerning India and China. The East Asia Library of the University of Pittsburgh has digitized a substantial number of rare books in Chinese. The history department has made transnational history into a major focus; regional fields are certainly present, too, surprisingly they cover whole continents!

Cover of GPLH 7: El Jurista en el Nuevo Mundo

All this should remind you at the end of a rather long contribution that the armchair and computer screen historian with his and her armada of digital resources is in a way just as limited as the traditional historian. Digital progress is not only progress, but brings also losses. It is urgent to consider again our methods and practices for legal history, too. The publication series Global Perspectives on Legal History (GPLH) of the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main reached in its second year already its seventh volume. You can consult online or download the volumes or buy the printed version. These volumes contain telling examples of research facing the challenges of transnational legal history, in particular for Latin America. The latest issue of the journal Legal History / Rechtsgeschichte [Rg 24 (2016)], another publication from Frankfurt am Main, contains a series of short reports solicited by Christiane Birr on current practices of legal historians who have entered the world of digital humanities. Putnam invites us cordially to rethink our methods and practices, and to consider carefully the traditional strengths and core values of the historian’s trade. Even alerting to some minor and major points with her article should not stop you from doing just that!

A 2018 postscript

Lately the Dutch Royal Society of Archivists created online space on its digital platform for a number of digitized yearbooks. The yearbook for 2012 deals with the theme Colonial Legacy in South East Asia. The Dutch archives.

Looking for and beyond origins

Finding the origin of something can be fascinating, and this kind of search can bring you much more than just a satisfying conclusion. The direction in which you search for a particular origin can be revealing in itself. Often it is tempting to search within the framework and the borders of current nations and states, but some origins are to be found in periods before these territorial units were shaped or are just outside our normal view of things. In this post I will look at some examples of searches for origins and the way they can bring us at the best partial answers, and in the worst cases only the views of history’s winners.

One of the major current movements with attention to origins is the trend in the United States to search for the original meaning of elements in the American Constitution, especially for the interpretation of a number of the famous amendments. I will not advocate here any particular way to tackle specific questions or to complete quests in this field, but it is tempting to write a kind of nutshell guide to a number of relevant primary sources. Today you can find an increasing number of them in online digital collections. Thus you can check the marvellous Founders Online (National Archives) with papers from six influential Founding Fathers. Interestingly this project includes records from the colonial period (1706-1775), a valuable hint the history of the United States did not start ex nihilo. At The Founders’ Constitution (University of Chicago), a web version of the book by Philip B. Kurland and Ralph Lerner (5 vol., Chicago, 1986) you can consult the sources in the works of philosophers and other authors of many ideas discussed and taken up by the founders of the United States.

Last year I looked here at the legal history of New Amsterdam, and some legal elements from the Dutch period survived into later centuries. For almost every founding father there are separate digital collections, in particular for the first presidents. It is possible to widen their circle with others, for instance with The Federalist Papers (Library of Congress), also available at Founding Fathers, where you can find conveniently many other key documents. Among the most valuable extensions of this inner circle are the digital projects for the John Jay Papers (Columbia University), the digitized books from the library of John Adams (Boston Public Library), and the digitized archival records in The Papers of the War Department (1784-1800). The Library of Congress provides anyone interested with a quick guide to digital versions of core documents in its web guide Primary Documents in American History.

However valuable these digital resources might be, it seems they leave out a substantial part of American history. Some vigorous recent alerts on social media and blogs, and in particular the launch of a new digital collection have made me aware of this painful truth. Even my own collection of relevant digital libraries shows the same lacunae, apart from some exceptions which will feature here. It is not just a case of something missing, but a number of people who lived in the Americas are almost absent. It dawned on me that I have been seduced to look too much along the lines of nations and states still present on contemporary maps. To make things worse, there is a problem in designating these people, and this explains also to some extent my omissions. Where are the original inhabitants of both North and South America? Where are the people defeated by the conquistadores? Where are the various tribes we used to name Indians? How useful and truthful is it to use words as native or indigenous people?

In this post I will look at some new digital projects concerning the “colonial period” of the United States, and I will try to provide here some information about projects bringing us to resources and primary sources concerning the people living in the Americas before and during the period shaped by the presence of people from Europe. If I succeed here in documenting here at least some of the gaps and omissions, it is of course just a first step in doing things better in the future, and not a definitive answer to some of the questions to be addressed here.

Colonies and their context

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Among the prompts for writing this post is the Colonial North American Project at Harvard University. In this digital collection items from many institutions at Harvard will eventually appear. At present I could find some 120 items when searching very globally for Indians, and this number stands in relation to a current overall number of 2,200 digitized items. With the advanced search mode you can pursue much more detailed questions. Various Indian tribes and aspects of relations of the colonies with both tribes and individual persons might well come more into view when more archival records and books will have been digitized.

Where should one start looking for materials concerning the original inhabitants of the Americas? The Indigenous Law Portal of the Library of Congress can serve as a starting point. One of its strengths is the indication at the very start of both divisions along the frontiers of nations and a more general approach. You can use selections for Alaska, Canada, the United States, North America and Mexico, and you will find links to a number of major relevant portals. The portal was launched in 2014. Interestingly it was Jolande Goldberg, a bibliographer trained as a legal historian, who developed a new classification system, the KIA-KIX series, for the relevant materials in the Library of Congress; this part of the story is nicely told in a post on the In Custodia Legis blog. The portal contains in the United States section first of all a massive and yet compact listing of links to websites, projects and collections elsewhere, and you can narrow your search to large regions or go to a specific current state within the USA. Earlier on the Library of Congress had already digitized a number of Indian constitutions, ranging from the nineteenth to the twentieth century, Their sheer number will be a surprise.

Just how large the challenge is to approach the history of original inhabitants is very clear at the portal Indigenous and Northern Affairs Canada. This portal mentions status tribes, Inuit, Métis and non-status Indians, and urban original people. Many of the tribes refer to themselves nowadays as First Nations. Here, too, the very number of tribes, groups and other units will be an eye-opener. Until now I had just missed the concept First Nations on my page with digital libraries. Among the links I had included for Canada until now you might perhaps first go to Peel’s Prairie Provinces (University of Alberta), a portal with digital collections containing a substantial number of books about Indian tribes.

Another thing is clear for me, too. It will not help to lament about lacks, gaps and omissions. Some of the links on my digital libraries page do touch the subject of indigenous people. In fact, this page does gather a number of things not easily found elsewhere at all, and it might become necessary to divide the information on a number of sister pages. Lately I have added to some of the sections for continents a list of general projects which touch several countries. These links used to be positioned near the end, but now they can be found in a better position.

North America

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Several ways offer themselves to find out more about current indigenous law and earlier periods. One of the tools will be for example finding a blog that helps you to become aware of current matters and which might offer also a repertory of useful resources. In my view the Turtle Talk blog of the Indigenous Law and Policy Center at Michigan State University College of Law does fit into this description, and its blogroll brings you to more blogs.

For the United States I did see in the past six years a number of relevant projects:

For Canada my links collection might be meagre, but luckily I did find two collections tucked away on my page for virtual exhibitions in the field of legal history. Libraries and Archives Canada created a digital collection called Aboriginal Documentary Heritage, and there is a small collection around the first settlement with native people in 1899, Treaty 8. It proved to be relatively easy to find more relevant digital collections in Canada, and in order to make this post not too long, I will offer here just a list:

The History Education Network / Histoire et Éducation en Réseau offers a useful repertory of digitized primary sources for Canadian history, yet another starting point for further research. I was aware of projects such as Early Canadiana Online, but I had simply overlooked its section on Aboriginal Studies with some 900 digitized titles. The wealth of specific collections for a particular theme does not always diminish the value of more general portals. Only when you decide to create a database for links collections and provide sufficient tagging you can largely avoid such omissions. Such projects require the forces of teamwork or crowdsourcing. My appeal on my website for additions and corrections is not just a kind gesture or a rhetorical phrase, but a very serious question!

Latin America, Australia and New Zealand

For South America, too, I can point to some digital collections. In Chile the Memoria Chilena: Salas Virtuales created by the Biblioteca Nacional de Chile does have a section Derecho indiano as a part of a larger field termed Política y legislación. The University of Arizona is home to the Morales de Escarcéga Collection, accompanied by a virtual exhibit. For two of the historic people in Latin America I can at present not point to a digital collection, but instead we have at least the guidance of a fine virtual exhibit at the Tarlton Law Library (University of Texas at Austin) with a bibliography devoted to Aztec and Maya Law.

At least a part of the legal history of the aboriginal people in Australia is documented in two digital collections, Founding Documents: Documenting a Democracy of the National Archives of Australia – with 110 digitized documents – and Agreements, Treaties and Negotiated Settlements Project (University of Melbourne). Centers have been founded to study indigenous people and law, for example the Indigenous Law Centre of the University of New South Wales. New Zealand can point to the New Zealand Electronic Text Centre (Victoria University of Wellington) with among their projects for example He Pātaka Kupu Ture – The Legal Maori Archive. The New Zealand Digital Library is in fact a portal to several digital collections, one of them concerns Indigenous People. The Treaty of Waitangi – Te Tiriti o Waitangi is the subject of a virtual exhibition of Archives New Zealand which puts on display not only this treaty from 1840, but also the subsequent treaties.

Instead of giving here more examples it is better to mention just the Endangered Archives Project of the British Library, yet another galaxy of resources discussed here earlier. In many cases projects focus on minorities in many parts of our world whose cultural heritage needs urgently to be described and preserved, or they document historical phases threatened to disappear completely. The very short lengh of this section should at least remind me there is a lot of work to!

Some steps towards a search strategy

Banner database Smithsonian Libraries

If you want to find more virtual exhibitions about indigenous people all over the world you can benefit as much as I have done so far from the marvellous database of the Smithsonian Libraries. Virtual exhibitions often provide a basic bibliography, bring you telling images and point to other relevant websites. Some of them are in a class of its own, and I cannot help pointing to the virtual exhibit about Aztec and Maya Law of the Tarlton Law Library, not just because Mike Widener helped creating it, but because of its excellent qualities.

Indigenous people live on all continents, and it is simply not feasible to present here an exhaustive search strategy. In this section I will look at some tools guiding you to digital collections with a focus on the United States, but often you might find materials relating to other countries, regions and people. Let’s start with the Digital Public Library of America (DPLA), a portal created with the support of an increasing number of digital projects; I wrote here about it in 2013. The DPLA portal serves as an aggregator of these projects and you can enjoy the harvest. A blurb on the website tells us there are now nearly 12 million digitized items in the DPLA. When you use the subjects tab you will find a list in either alphabetical or descending order with the number of items for a particular subject. The general subject United States is used for 450,000 items, the highest number for any subject. The term Native Americans is good for nearly 70,000 items, Indians of North America for 22,000 items, and Indigenous population yields some 6,000 items.

A few weeks ago I noticed the link to the project Opening History of the Grainger Engineering Library at the University of Illinois at Urbana-Champaign did not function anymore. This project was launched in 2007, and consisted of nothing less than an exhaustive searchable database for finding digital collections created by libraries, museums and archives in the USA concerning US history. When you still might mutter I did exclude aspects of history from my website you might question yourself why you never or seldom used this resource for doing North American history. The change of the university’s name into University of Illinois has to be taken into account for the changes in many web addresses. Under its new name IMLS Digital Collections and Content – and a new logo cleverly suggesting you look at a beta version of DPLA – you can search among some 2,400 digital collections. If this is too much of a good thing, you might like to look at two web guides of the Library of Congress, the first for State Digital Resources: Memory Projects, Online Encyclopedias, Historical and Cultural Materials Collections, the second called State Resource Guides. When you use these overviews it might be enlightening to compare them with the links put together as Resources for Doing Legal History provided by the American Society for Legal History. A very practical need for historical research can be served by HISGIS systems such as the Atlas of Historical County Boundaries (Chicago, Newberry Library).

In an exchange with Klaus Graf a year ago at Archivalia – this happened originally at its old address – we discussed concisely the overviews of a number of suppliers of systems for digital collections. Graf admired the overview by Bepress of book and archival collections created by users of its Digital Commons system. However impressive this and four other lists of collections using this system are, they remain just alphabetically organized lists. I will not repeat here my discussion of other suppliers, but in my view the best representation of digital collections powered by the same system is the Collection of Collections database for the CONTENT-dm system, a product of OCLC. You can use the simple search or the advanced search to find collections for a particular subject. For tracking down a relevant collection among the nearly thousand digital collections you simply need a relational database. Since many of these collections are either based in the United States or deal with aspects of its history it is good to have a look at it. Part of the fun here is that the overview, too, has been built using this very collection system. In fact other suppliers, too, provide a database to search for particular digital collections using their systems. Alas there is only a list of examples for the open access Greenstone system.

Facing complexity

Let me close the circle of this post and return to the colonial period, and more specifically to New Amsterdam. The digital collections of the New York Public Library are a mer à boire. It is a joy to look at them and it makes your curious about what else you might encounter. Among the digital collections of Harvard University you should take a look at other projects concerning colonial history, Images of Colonialism: Africa and Asia and Harvard in the 17th and 18th Centuries.

If you conclude there is not a single gateway to the history of indigenous people, this mirrors exactly the challenge facing our world. The UNESCO devotes a section of its portal to indigenous people. If you want to look at current indigenous law, you could start with the concise research guide at Globalex. The complexity of matters touching indigenous people, the complexity of talking in a sensible and direct way about them, is not something coming out of the blue. History and law, legislation, jurisprudence and treaties, court decisions, legal education, the use of languages and much more come together here.

Sometimes you need to be pushed into action. Last week a tweet of David Armitage brought me to Rebecca Onion’s article at Slate on the colonial trade in North American slaves, more precisely, “Indians”. Yet another spur to write was this week’s post about Chief Justice Roger Taney at the Maryland Appellate Blog. I might perhaps have chosen ‘First Impressions’ as my title! This post is more or less a field report. It might be impossible to see and understand everything, but I am convinced you cannot reach perfection. You can only make faults and mistakes if you start at all with looking beyond your comfort zone and the tacitly agreed limits of a discipline. Keeping a portal on legal history up to date will always include making minor and major adjustments, spotting omissions, and gaining insight. To rephrase words of Timothy Radcliffe, if you want to debate the results, let’s talk about them, not to win an argument, but to become wiser together.