Tag Archives: Legal history

Mixed seductions: Combining global history with digital research

Tag cloud of Putnam's article created with WordItOutHaving 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 you 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 thank 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 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, B’ücherverzeichnis 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, ans 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 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.

Banner Censo-Guía

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 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 resource 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!

Digging up cold cases, a useful metaphor

The start of the Cold cases exhibit in Museum Flehite, AmersfoortA few weeks ago I visited an exhibition with a title which I had associated first of all with law and justice, Cold Cases Amersfoort at Museum Flehite in Amersfoort. Even its subtitle Oude skeletten, nieuwe ontdekkingen [Old skeletons, new discoveries] did not turn me away from making the short journey by train from Utrecht to the lovely small city of Amersfoort. The exhibition was certainly not exactly what I had in mind, but in fact the very difference between my expectations and the actual exhibition made me think. While walking in beautiful old Amersfoort and visiting two other historic locations it seemed these three locations each bring their own perspective. In a way this post it about some of the metaphors we often use almost without noticing them. In the light of a sunny Saturday afternoon they became visible again.

An archaeological approach
Logo Museum Flehite

Cold cases, these words worked for me like a trigger. You might associate this first with reconstructing and analyzing cases, but here archaeologists worked with some five hundred human skeletons, a reminder that however abstract analysis can become you meet here the physical remains of people who walked on the surface of the earth, just as we do now. These skeletons were found during the excavations of cemeteries on four locations, some of them attached to monasteries. Some excavations took place a few decades ago, but with new technical equipment the skeletons can now be studied in far greater depth than a generation ago. Think only about the way tiny fragments containing DNA can now be analysed in a way simply impossible twenty years ago. In this respect the title Cold cases is certainly aptly chosen.

Harm and violenceIn this exhibition you do not just have complete and incomplete skeletons. There is general information, there are showcases about individuals whose skeleton in some way can tell us vital information about their life. There is for example attention for the way you can determine gender and age, or detect traces of diseases. Some skeletons, in particular skulls, show the signs of accidents or violence, others are marked by the deadly effects of a disease. Syphilis came to Europe in the early sixteenth century, and its harmful presence is clearly visible once you now the telling symptoms.

Reconstructing a girlPerhaps the most telling part of the exhibition is the room showing the reconstruction of the face of a young girl. She has received the nickname “The Girl with the Ear Clamp” because of the iron clamp used for head caps found in her grave. A lot of techniques and skills are necessary to reach the final result, a startling lifelike face. In order to bring especially young visitors closer to the work done to achieve such results part of the exhibition is a kind of study room with a laboratory. Every Wednesday an archaeologist can give you more explanations about the exhibition and the way archaeologists can now approach human remains. On other days a story-teller takes you back to late medieval Amersfoort, and on Sunday afternoons you can meet the challenge to reconstruct yourself a skeleton.

Food for thought

When I left a bit earlier than expected the exhibition at Museum Flehite I had enough time to visit two other historic locations. I went first to a museum housed in the remaining buildings of an Early Modern hospital, the Sint Pieters en Bloklandsgasthuis at the Westsingel. In fact it is the only still existing one of its kind. The chapel built around 1500 and the men’s hall from 1536 have survived the centuries. On weekdays visitor can meet actors dressed as inhabitants who re-enact some inhabitants in the year 1907, just before the removal to new premises at Achter Davidshof. The choice to play out this situation with as its surroundings the situation of the nineteenth century might seem startling, but it would indeed be more difficult to stage people from the sixteenth century. The actors tell the visitors they do not yet know the new place and that they are excited and anxious about their new housing. Instead of telling in ample detail about their daily life, as indicated in an ordinance you can read in the main hall, they prefigure almost the way a historian approaches the past. You do not know what is around the corner of what someone will day or do in a few moments, unless a lifetime of patient attention, study and reflection over the years has taught you something fundamental about people living in a particular time and circumstances.

My third visit on a Saturday afternoon in August was to the Mondriaanhuis, a museum documenting the life and works of the Dutch painter Piet Mondriaan (1872-1944), a pioneer of modern art, often associated with the De Stijl [The Style] group whose members favoured cubic forms and sparse use of colors. The museum is located in the very house where Mondrian was born. On the first floor there is a faithful reconstruction of his humble apartment and atelier on the attic of a Parisian house. Even the background noises and fragments of songs from the roaring twenties add to the atmosphere, as if the painter could walk in here any moment. Apart from documenting the life and works of Mondriaan this museum has also space for exhibitions that show his impact on contemporary art. To be honest, the Mondriaanhuis does have only a few works by Mondriaan himself in its holdings. I use the Dutch spelling Mondriaan on purpose!

Looking at the different approaches in these three museums is certainly interesting. At Museum Flehite there is much attention for the how of a reconstruction. At the old hospital there is a sharp contrast between the seemingly timeless space and the expectations of the last inhabitants about their new home. In the Mondriaanhuis the reconstruction of the attic in Paris evokes almost to perfection the surroundings of an artist in the world capital of art. Every approach has its values and shortcomings. I bring these museum together fully aware they cannot be compared completely at the same level, but any comparison goes faulty. We use metaphors from all kind of spheres of life together, often without noticing the funny effect of for example naval terms side by side with agricultural words.

Has archaeology any uses for legal historians? I was hoping this question would show up here sooner or later. When reviewing in my mind the three museums at Amersfoort I would say that any discipline can be important, either on its own or more as a kind of handmaiden in the role of an auxiliary science. At Bordeaux a symposium will be held on February 8-10, 2017 concerning the theme (Re)lecture archéologique de la justice en Europe médiévale et moderne, “An archaeological (re-)reading of justice in medieval and Early Modern Europe”. There will be three main sections, one focusing on justice and space, another on justice and the body, and the third on objects associated with justice. The way archaeological approaches and methods used more commonly by legal historians can interact with each other will be explicitly addressed. The deadline of the call for papers is September 15, 2016. If you think you can convince scholars to use with great benefit the ways archaeologists approach the past, or make inversely them aware of the particular and fruitful ways legal historians work, you are most welcome. Hopefully this post helps you to consider the role of archaeology for legal history, not to solve just one cold case, but to gain perspectives on cases that might be closer connected than you can see at the surface.

Cold cases. Oude skeletten, nieuwe ontdekkingenMuseum Flehite, Amersfoort – June 19 to September 25, 2016

Legal rhetorics and reality in Early Modern France: The factums

Jeam Coras, Arrest memorable du Parlement de Tolose - edition 1565

Arrest memorable du Parlement de Tolose (…) – edition Lyon: Antoine Vincent, 1565 – copy Université de Toulouse

How can we be sure to view things as they really were in the historical sources we use for our research in the field of legal history? It is by all means wise to look as closely as possible at relevant sources, preferably close to the events and problems we want to study. In particular Natalie Zemon Davis and Arlette Farge have made us aware of the importance of narrative sources to deepen our understanding of French legal history in the Early Modern period. Davis gave us in Fiction in the archives. Pardon tales and their tellers in sixteenth-century France (Cambridge-Stanford, CA, 1987) both the true and the fictional stories, just as she had done earlier for Martin Guerre [The return of Martin Guerre (Cambridge, MA-London, 1983)]. Thanks to Davis the lettres de remission have become a well-known resource, used also for other periods, lately for example by Walter Prevenier and Peter Arnade, Honor, Vengeance, and Social Trouble. Pardon Letters in the Burgundian Low Countries (Ithaca, NY, 2015). Arlette Farge, too, alerted scholars to the way narratives, rhetorics and expectations shape perceptions of reality in judicial resources, in particular in her essay Le goût de l’archive (Paris 1987).

In this post I want to expand on some notes about another very interesting source, the factums or mémoires judiciaires, a term perhaps to be translated as legal briefs, which I mentioned in passing in one of my recent posts concerning the French Revolution. However, this particular source does already appear in the late sixteenth century and lives on well into the second half of the nineteenth century. The possibility to compare the development of a genre over a number of centuries is most appealing, and therefore I would like to introduce the factums. I owe here much to a short notice published in 2014 by Léo Mabmacien at his blog BiblioMab: Le monde autour des livres anciens et des bibliothèques. A post in July at his blog rekindled my interest. The existence of new digital collections with factums is a further prompt to share my thoughts about this resource which merit attention not only in the Anglophone but also in the Francophone world. For French readers one of the main points of attention should be here to look beyond the central institutions and a France centered around Paris.

Getting a fuller picture

Léo Mabmacien’s post about factums is a real treat. In crisp and clear French he succeeded in creating a nutshell guide to the subject which leaves little to desire. In fact the idea to give here only a translation crossed my mind, but I am happy to rely here heavily on his account. The term factum stems from the Latin. In medieval legal consilia, pieces of juridical advice for courts, the exposition of a case is often introduced with the words “Factum est tale”, the case is such and so. A factum or mémoire judiciaire contains both a description of the case, the faits, and also moyens (literally the “means”), arguments to be used to argue the outcome of the case. The length of a factum can be anything between a few and many hundred pages in cases where as appendices pieces of evidences and other materials were included. Most factums do not have a title page.

The existence of factums is most interesting given the fact that French criminal court proceedings were in principle secret, as stated in the Ordonnance criminelle of 1670. Each step of a case at court proceeded by producing written statements. The final verdict, too, was presented in writing only. Oral pleading was introduced in the eighteenth century for civil law cases. Factums offer a window on French legal history like few other sources can do. A blog post in 2010 on factums of the Bibliothèque nationale de France had the evocative title ‘Factum, vous-avez dit factum ? Qu’es aquo ?’, “Did you say factum? Whatever is that supposed to be?”, and cites Robert Darnton who wrote in an article for Le Monde in 1995 there are media under the Ancien Régime we have forgotten about: the rumor in public, the factums of lawyers, the messages in your hand, the newsletters, the improvised songs on existing melodies… Darnton took up this theme in his 1999 presidential address for the American Historical Association.

Under the Ancien Régime the word factum was used also for violent pieces of writing in which someone asserted his views with forceful arguments. The juridical factums, too, do not only give legal arguments, but all kind of motivation to ascertain the offensive or defensive position of a party. An ordinance of the Parlement de Paris from 1708 demanded that each factum be signed by a lawyer, and contained also the name of the printer, without any other formality. Thus factums escaped the vigilance of French censors, and could indeed become a kind of platform for any kind of opinion, provided they were signed by a barrister, yet another feature making this genre attractive for historians. Mabmacien concluded his post with references to the vast collection of factums held in Paris at the Bibliothèque nationale de France (BnF), and to a virtual exhibition on factums created by the municipal library of Clermont-Ferrand.

A new generation of scholars

Some of the research cited by Mabmacien stems from the eighties and nineties of the last century, but in fact a lot of work started before 1900. Augustin Corda began at the BnF with the Catalogue des factums et d’autres documents judiciaires antérieurs à 1790 (10 vol., Paris 1890-1936). Volume 7 is a supplement, the volumes 8 to 10 contain registers. You can consult the volumes 1 to 8 in the Hathi Trust Digital Library. Charles Patey had published a few years earlier a succinct overview of some 200 factums in the BnF related to Normandy [Factums normands conservés à la Bibliothèque nationale (Caen 1888; online in Gallica)]. Apart fro the factums mentioned in Corda there are two massive card box catalogues for a total of nearly 86,000 items. The main study used by Mabmacien is an article by Sarah Maza who studied with Robert Darnton. Her article ‘Le tribunal de la nation : les mémoires judiciaires et l’opinion publique à la fin de l’Ancien Régime’, Annales ESC 42/1 (1987) 73-90 is available online at the Persée portal. In 1997 appeared the French translation – Vies privées, affaires publiques. Les causes célèbres de la France prérévolutionnaire (Paris 1997) – of her monograph Private lives and public affairs: the causes célèbres of prerevolutionary France (Berkeley, etc,, 1993).

There is more scholarly literature in French available online, and I had in mind giving here a judicious amount of links. However, when I encountered at Theses, the portal for French Ph.D. theses, the very recently defended thesis of Géraldine Ther, La représentation des femmes dans les factums, 1770-1789. Jeux de rôles et de pouvoirs (Ph.D. thesis, Université de Dijon, 2015) with its rich bibliography I decided to restrict myself to a few recent publications. Ther investigated an intriguing theme, the representation of women, a theme emerging with force during the French Revolution, but with rather different relations between these events and the preceding period than you would expect. The acts of a symposium held in 2012 at the École de Droit of the Université d’Auvergne (Clermont Ferrand) can be consulted online in a special issue of La Revue Centre Michel le Hôpital 3 (April 2013) [Découverte et valorisation d’une source juridique méconnue : le factum ou mémoire judiciaire (PDF)]. The contributors discuss factums as a source for legal history, look at a number of libraries with large collections and staff members of these libraries discuss the current projects for cataloguing and digitization. A third recent online publication with attention for factums has as its focus lawyers in Marseille and transcends the supposed and real chronological watersheds of the French Revolution [Ugo Bellagamba, Les avocats à Marseille. Practiciens du droit et acteurs politiques (XVIIIe et XIXe siècles) (Aix-en-Provence 2015) – online at OpenEdition]. A number of relevant online publications is also included in the section on sources and bibliography of the virtual exhibition in Clermont-Ferrand.

ImpressionThanks to the hard work of librarians and scholars you can now get online access to a substantial variety of factums. Let’s start with the collection I first encountered, Tolosana, la bibliothèque virtuelle des fonds anciens, a collection of digitized books at the Université de Toulouse, with a substantial number of legal works between 1500 and 1850, among them 300 factums from the sixteenth century – just three items – to the nineteenth century (82 items). Looking back it is most fitting I bumped into these mémoires judiciaires in the context of the Calas affaire, but effectively it is the other way around that explains definitely also part of the impact of the publications around this cause célèbre. In particular you can find here some 300 factums and mémoires judiciaires. Interestingly, here, too, the Early Modern period does not end at 1789. The second collection is La Coutume et le droit en Auvergne, Patrimoine de Bibliothèque de Clermont, a digital collection of the Overnia portal with a great variety of legal resources on customary law, especially more than six hundred mémoires judiciaires in the section for sources procédurales. The tree structure of Overnia enables you to filter for a number major legal topics with temporal subdivisions; the general search function can assist you, too. A similar large but technically very simple collection is Droit en Provence et en outre-mer (Aix et Marseille Universités) which brings us a great variety of sources, in particular a number of digitized factums; this collection is held at Aix-en-Provence. The digital items are only available as PDF’s. It is a pity that only few of the announced items from the nineteenth century have already been digitized, but at least there is an overview of them. Some of the items are recueils, collections with sometimes scores of factums. With the fourth collection we return to Paris. The Bibliothèque Sainte-Geneviève has created a digital collection concerning droit (law) in the Internet Archive with nearly one thousand publications. Some 860 of them are factums et mémoires judiciaires.

Banner TolosanaThe first image in this post shows in black and white the title page of an early edition of a famous arrêt of the Parlement de Toulouse from 1560. This is a copy of the edition digitized for Tolosana. The book of Jean de Coras, a French legal humanist, contains his report on the very case of Martin Guerre. Nowadays it is easy to find a digital version of earlier – and later – editions using the Karlsruher Virtual Catalogue, and I will leave it to you to find them quickly. I did check in vain for you whether this book is also available in the Bibliothèque Virtuelle des Humanistes (Université de Tours) which figured here earlier in a post on legal humanism. However, you can trace this book  and its sixteenth-century editions and other works by Coras using the Universal Short Title Catalogue. Even if in this case Coras’ book uses a verdict of the case, and thus does not exactly present a mémoire judiciaire, its character is sufficiently close to factums to merit explicit mention here. It opens with a summary of the facts of the case, the factum, and then Coras comments the arrêt, sometimes word for word. Did I say Tolosana does merit your attention by all means, and not just for two famous cases, Martin Guerre and the affaire Calas?

One of the factums in the Onslow case, 1830 - source: Overnia

“Consultations pour MM. Onslow puinés contre M. Georges Onslow”, 1832 – BM Clermont-Ferrand, no. A 10850 1 – image: Overnia

When looking for another image of a mémoire judiciaire I decided to look at the collection created at Clermont-Ferrand. By sheer luck I found very quickly something which can serve as a reminder not to look only at French legal history in isolation. The Overnia portal contains several sources documenting the life and works of Georges Onslow (1784-1853), a composer born at Clermont-Ferrand from an English family. After many successes as a composer of chamber music ill health forced him around 1830 to return to his native Auvergne. Other matters, too, clearly brought him trouble. In six factums written in 1830-1832 (nos. A 10850) the question of his right to inherit goods in England is discussed. Both French and English law figure in the arguments used by the respective lawyers. These sources can form a perfect starting point for yet another contribution about law and music in history, a theme figuring here lately, but anyone interested in comparative legal history might have a good look, too. You can easily compare these six documents with other mémoires in the section on successions of the Overnia portal.

Searching more collections

In fact it is really important to keep in mind the wide coverage of subjects in this genre. This becomes clearer when you look for factums in French archives. Scholars using historical sources in French archives can usually rely on the strict order of archival collections. Often you can restrict yourself to one particular série marked with a letter or combination of letters. The Archives nationales de France have created for the série U a useful PDF which mentions a lot of factums and mémoires judiciaires. a search for factums in the holdings of the French national archives yields an impressive result showing multiple séries with factums, not just within the séries B (Cours et jurisdictions de l’Ancien Régime) or U (Justice).

In this post Robert Darnton’s name appeared already three times. In The business of enlightenment. A publishing history of the Encyclopédie, 1775-1800 (Cambridge, MA-London, 1979) Darnton mentioned just one factum without much explication about the nature of this source (p. 48). Anyway, he inspired some of his students to do research on and with factums. A few years ago Darnton put on his personal website 500 eighteenth-century police reports on authors written between 1748 and 1753 [Paris, BnF, ms. Nouv. acq. fr. 10781-107833]. It would be interesting to check for authors of factums published in the mid-eighteenth century in these police reports. We can be sure at least a few of them only pretended to be barristers. In the manuscripts section of Gallica you can now look at digitized records of the Archives de la Bastille, yet another resource where you might find among the prisoners and people under surveillance of the Parisian police force authors of pamphlets and factums.

At the end of this post you might be tempted to conclude that factums only in Southern France and in Paris. At my website Rechtshistorie I have brought together commented lists of digital libraries for many countries, and France is particularly rich in digital collections. I checked for factums in a number of digital collections which feature works on customary law or are located in one of the French regions where the droit coutumier was important, and I looked at the towns which were once seats of the parlements, for example Bordeaux, Toulouse, Grenoble and Dijon. Only for Grenoble in the small collection Droit dauphinois of the Université de Grenoble 2 et 3 I did find a few plaidoiries (pleas) and one single factum.

Why should one take the trouble of looking outside the main French online resources? Alas at the portal Patrimoine numérique I found only the digitized factums at Aix-en-Provence. At Fontes Historiae Iuris, the very useful digital library for French legal history created by the Centre d’Histoire Judiciaire (Université Lille-II) you can find in the section Consultations ou plaidoyers d’avocats for three parlements some collections of pleas and mémoires (Toulouse, Paris and Lille (Parlement de Flandre)). There are links to digitized recueils d’arrêts, collections of verdicts, for seven parlements. Even if factums are a remarkable source on its own, it is their judicial context which can make them even more special, and thus it is a small service to point at least to some courts and their printed verdicts. At Gallica’s Essentiels du droit you can benefit – mainly for the nineteenth century – from the digitized Recueil Dalloz and other series in the section Sources jurisprudentielles. The section Histoire du droit with a number of classic works on French law (Domat, Loisel, Pothier) and droit pénal, too, can be most useful. The webmaster of the Portail Numérique d’Histoire du Droit told me last year he would like to add more links to relevant digital collections in France, but he has few moments to fulfill this wish.

In the very week the World Wide Webb exists 25 years you might indeed reflect a few moments on the long way the virtual world has gone since 1991. The proliferation of digital resources for many fields of culture and society is both a marvel and something really difficult to grasp and use. As for scholarly work on factums I am as surprised as anyone by the meagre results in the Bibliographie d’histoire de la justice Française (1789-2011) at the Criminicorpus portal. Using the advanced search mode of the Bibliographie d’histoire de droit en langue française (Université de Lorraine, Nancy) brings you only to a small number of additional relevant titles, but Ther shows there is certainly more to be found.

A search for catalogues of collections of mémoire judiciaires yields currently apart from the two catalogues for the BnF a work by Jacques Droin for a Swiss library, the Catalogue des factums judiciaires genevois sous l’Ancien régime (Paris-Genève 1988). You might want to read the article by Michel Porret, ‘L’éloge du factum : autour des mémoires judiciaires genevois’, Revue Suisse d’Histoire 42/1 (1992) 94-99 [online, e-Periodica]. A quick search among digital collections of some Swiss towns, in particular Geneva and Neuchâtel, did not bring me yet to more digitized mémoires judiciaires. Factums and briefs appear in contemporary law, too, for example in Canada, but here we arrive of the end of my post. At the brink of the rentrée, the start of all activities in France after the summer holidays, I hope to have awakened your curiosity for a fascinating source and to have given you some guidance for your own investigations.

A postscript

How can one search quickly for French scholarly publications when some online bibliographies seem currently not as helpful as you would like them to be? At Isidore, a French research portal, I could find more literature about factums and even links to digitized items. Some other libraries I did not mention here contain also some digital copies of factums, but they are not part of a mass digitization project. The digital portal Mémoire vive of the town Besançon is an example with some twenty digitized factums. A second thing worth noticing is the policy at Gallica, the digital library of the BnF, to harvest also digital materials from partner libraries. Thus factums at the Bibliothèque Sainte-Geneviève, Toulouse and Clermont-Ferrand can be found at Gallica. More surprisingly it becomes clear that the BnF, too, has digitized possibly many hundred factums, but alas the exact number is not established easily, because the filter function does not contain a filter for descriptions of factums from the vast collection of factums at the BnF in which the word Factum has been put at the very beginning of each description.

Publishing laws in Early Modern Italy

This month I could add a number of digital resources for legal history to my website Rechtshistorie, but with summertime approaching I could not help asking myself during some fleeting moments whether scholars actually use these resources. However, when I encountered in a collection held at Het Utrechts Archief, the municipal and provincial archives of the city and province Utrecht, a seventeenth-century piece of printed ecclesiastical legislation from Italy I was only too happy to be able to use these online resources. In this post I offer a small tour of projects concerning legislation in Italy during the Early Modern Period.

What’s in a name?

My curiosity was evoked by a notice in an inventory about a publication in print of a condemnation by pope Innocent XI in 1679 of sixty-five theses concerning probabilism, an approach of Christian beliefs building on the works of some Jesuit theologians in the seventeenth century . Being a medievalist my first reaction was to look at the formal aspects of this publication: Is it a papal bull, a decree, a letter, a motu proprio or something else? Each of this forms has its own characteristics which can be used in particular to determine its age and nature, whether it is truly a papal publication, a forgery or something else.

The condemnation by pope Innocent XI - image Rome, Biblioteca Casanatense

The condemnation of probabilism by pope Innocent XI, 1679 – Rome, Biblioteca Casanatense, Per.est 18_14.313

Let’s look at the document I encountered, and I use here an image from an Italian database for Early Modern ecclesiastical legislation. Within the Scaffali digitali, the digital library of the Biblioteca Casanatense in Rome, the series of nearly 1,100 editti e bandi pontifici take pride of place. The Scaffali digitali can be viewed in Italian and English. In fact this collection can be accessed also using the portal site Internet Culturale. The first thing to notice in this digital collection is the presence of two editions of this text both issued on March 2, 1679. The edition I found is almost a poster, and described at the Casanatense as a manifesto. The other edition (shelfmark Per.est. 18_14.311) is a quire in folio format, a small booklet. The identical title of both documents, Feria 5. die 2. Martij 1679. In generali Congregatione sanctae Romanae, & vniuersalis Inquisitionis habita in Palatio Apostolico Vaticano coram sanctissimo D.N.D. Innocentio diuina prouidentia papa 11. (…), mentions in both cases clearly the congregation for the inquisition, the Congregazione dell’Inquisizione. The Latin text states clearly that pope Innocent was at a meeting of this congregation to promulgate his condemnation. From this I would conclude this condemnation is a decree published by the Roman inquisition of a papal condemnation. The description in the inventory at Utrecht will have to be adjusted to do justice to the nature of this document.

As for its theological and doctrinal continent it might be wise to add a note to the well-known standard editions of texts concerning doctrines of faith, the Enchiridion symbolorum, definitionum et declarationum de rebus fidei et morum edited by Heinrich Denzinger. The only trick is to indicate clearly the edition you used because in modern editions the numbering has been reshuffled (2101-2167 against 1151-1216). There are translations of Denzinger in several languages. In at least one online version Denzinger gives as the title for the sixty-five condemned propositions Propositiones LXV condemnatae in Decreto Sancti Officii.

Header Internet Culturale

At the Biblioteca Nazionale Centrale di Rome is yet another collection with digitized ecclesiastical legislation, Bandi e bolli pontificie del XIV secolo, accessible at Internet Culturale, the digital portal of a number of Italian libraries with a multilingual interface, but this collection is limited to the sixteenth century. It is a reminder to look not only in the several constituent parts of the Corpus Iuris Canonici for canon law as it was brought together since the sixteenth century, but also in the material sources of law which sometimes did touch the whole Church as much as this main set of canonical collections. The position of the papal states and the Vatican within the borders of Italy inevitably make it necessary to look for its legal history not just at legislation for the Catholic Church, but also at sources elsewhere in Italy. I would almost forget to underline that reading the original publication adds a dimension to studying theological developments in the seventeenth century.

Old Italian laws at your screen

So far I have already mentioned editti, edicts, bolle, bulls, and bandi, an almost untranslatable word, and more terms will follow. Yet bandi with the singular bando is the word most used for publications of single laws and decrees. The entry Bando in the online version of the Enciclopedia Treccani interestingly links the word bando and banno with the German word Bann. The word bandit stems from bandito, someone banned, i.e. expelled by formal proclamation. The Fondazione Querini Stampalia has created at Internet Culturale the digital collection Vox Venetica: Bandi della Repubblica Venezia di secoli 16-17 with more than three thousand legal proclamations from Venice. Even if this is not bring actual digital collections it is useful to point to the project Ecclesiae Venetae of the Venetian Archivio di Stato and other partner institutions with online inventories of the archives of ecclesiastical institutions, with special attention to Italian archives concerning the inquisition. The Archivio di Stato di Venezia has started digitizing thirteenth-century charters in volgare in the project Chartae Vulgares Antiquiores. Bologna is in the Early Modern period a case of a city under the aegis of the papal state. The cardinal-legate reigning Bologna issued many thousands municipal ordinances and decrees for which the Biblioteca Comunale dell’Archiginnasio has made La Raccolta dei Bandi Merlani with publications printed between 1601 and 1796. Nearly 23,000 of some 75,000 items have been digitized. It is perhaps wise to point to the online introduction Il governo di Bologna. Amministratizione comunale dal 1141 al 1945.

In Milan we encounter different terms, gridi and gridari. The Istituto di Teoria e Tecniche dell’Informazione Giuridica, part of the Italian national science foundation Consiglio Nazionale delle Ricerche, has created the collection for Le gride e gli editi dello Stato di Milano (1560-1796). One has to register before you can use these digitized sources. A part of the same ground is covered by the project I gridari del ducato di Milano nel XVIII secolo of the Università degli Studi di Milano. A third project brings you to Gride e Gridari Seicenteschi del Ducato di Milano (1600-1700) with 47 digitized gridari, accessible at the portal Lombardia Beni Culturali, a cultural heritage portal for the region Lombardy. This portal has also a section with nineteenth-century legislation in the field of public law in Lombardy, the Archivio lombardo della legislazione storica (1749-1859). Lombardia Beni Culturali is home to more projects with connections to legal history, for example the Codice diplomatico della Lombardia medievale and registers from the chancery of Francesco I Sforza (1450-1466), but here we leave the field of Early Modern legislation.

On my webpage with digital libraries I have put together a lot of commented links for Italy. I cannot vouch for its completeness, but it would be excessive to repeat here verbatim everything you can find there. The new portal BibVio, Biblioteche virtuali online of the main Italian research libraries, including 46 Italian biblioteche pubbliche statali, deserves mentioning here, however it does not bring an easy overview of their digital presence. I would have loved to write here about Florence, but I can provide you here at least the links to Archivi Storici Toscani, a portal focusing on municipal archives in Tuscany, and the portal Archivi in Toscana, and for archives in Italy the portal of the Direzione generale per gli archivi. A recent digital publication in its digital library using materials pertaining also to Florentine legal history is the volume l carteggio della Signoria fiorentina all’epoca del cancellierato di Carlo Marsuppini (1444-1453) edited by Raffaela Maria Zaccaria (2015) (online, PDF, 4,7 MB). This digital library contains more publications which touch upon both legal and ecclesiastical history. The Archivio di Stato in Florence and its veritable portal to the history of Florence should be both online and in real life a fine starting point to find and use more. Seeing the decree of Innocent XI and the collections digitized in Rome brought me happy memories of my visits to the Biblioteca Casanatense.

Law and music, a history of norms and sensitivity

droitetmusique-smallWords from completely different domains can be used without even noticing their origin. Scholars conduct research but seldom think of conductors leading an orchestra or choir. A two-day conference in Aix-en-Province (June 30 and July 1, 2016) offers a rare chance to bring the two domains of law and music together. The title Droit et musique: Entre normes et sensibilité, “Law and Music, Between norms and sensitivity”, seems aptly chosen, even though anglophone readers should immediately be at their qui-vive to distinguish between sensibility and sensitivity.

In this post I will give you an impression of the themes to be addressed at this conference held at two locations in Aix-en-Provence, on June 30 at the Amphitheâtre Favoureu of the Faculté de droit et science politique, and on July 1 at the Musée Granet. I found the announcement about this conference at the events calendar Nomôdos, since last year a part of the French Portail universitaire du droit, where you can find also a section for law and culture (Droit et culture).

Two spheres

The two-day conference has two mottoes which link law and music to each other. Danielle Montet formulated reflecting on ancient history and philosophy the thought that both spheres, law and music, deal with composition. The law poses order on society, just like music supports a good disposition of things in the mind and in a city. The second motto stems from Norbert Rouland who wrote law is not the work of a legislator, enlightened or not, but an unconscious collective construction of the Volksgeist, mediated and interpreted by a lawyer. Composition and interpretation seem indeed shared features of law and music.

Let’s look at the program of the conference in Aix-en-Provence. The first day has as its central theme La musique revisitée par le droit, music revisited by law. In particular the section on philosophy and history has space for legal history. Maria Paolo Mittica looks at music and law in ancient Greece. Fouzi Rherrousse will speak about a musical movement within Islam. The Catholic codification of liturgical music in the nineteenth century is the subject of the contribution of Blandine Chelini-Pont. Emmanuele Saulnier-Cassia will present the musical interpretation of the fundamental rights of condemned people. Vassili Tokarev looks at the twin theme of musical criticism and legal criticism in Nietzsche’s work. Patricia Signorile will discuss the philosophical foundations of the connections between law and music.

In the other sections legal history does make less often an appearance. Marc Pena will take Vivaldi’s Four Seasons as a starting point for a paper about the realities and representation of Venice’s territory. Ugo Bellagamba looks at the uses of dissonance and musical resolution in operas about Tancredi from André Campra to Gioacchino Rossini to distill views and perspectives on the First Crusade. Interesting, too, is a paper by Antoine Leca about the judge Jean de Dieu d’Olivier, author of a treatise about the art of legislation, and his views on legal composition. It makes certainly curious about his Essai sur l’art de législation and its influence on French revolutionary and Restoration law. In Gallica, the digital library of the Bibliothèque nationale de France, you can consult the editions of his work published in 1800 and 1815. Christian Bruschi will deal with Montesquieu and his views concerning music and society. Tchaikovsky as a failed lawyer and a succesful composer will be the subject of a paper by Anatoly Kovler.

Other contributors will take a more comparative point of view. Giorgio Resta will consider the way lawyers use musical metaphors. Alizée Cirino will discuss the problems of co-authorship of musical works, the possible clash of interests and the way rights are shared. André Roux looks at the relation between the French constitution and the national anthem. I remember the anecdote about the orchestral arrangement made by Hector Berlioz in 1830 of La Marseillaise which allegedly was banned by the French government because it was considered to be too rousing. At a concert in Utrecht decades ago with French revolutionary music by Méhul and Gossec Berlioz’s work indeed made a terrific impression.

It is possible to allude here to a Dutch link to the twin sisters law and music. At least one Dutch legal historian has all rights to feel himself familiar with music and the tasks of conducting, Not only is Jop Spruit the son of the Dutch conductor Henk Spruit (1906-1998), he actually worked a few years for the Rotterdam Philharmonic Orchestra. The way Spruit led a team of Dutch legal historians translating the various parts of the Corpus Iuris Civilis does in a way resemble the activity of a conductor. In my view it is not entirely a coincidence Jop Spruit started this project, and more importantly, conducted it to a resounding end. You can read more about his life and career in an interview by Louis Berkvens and Jean-François Gerkens, ‘Rechtshistorici uit de Lage Landen (13). Interview met J.E. Spruit’, Pro Memorie 17//1 (2015) 3-47.

The choice of themes and even a strong preponderance of French subjects at the conference in Aix-en-Provence should work as an invitation to explore this theme yourself. There is more to find out beyond for example the musical background of Anton Thibaut, the German lawyer advocating the codification of German law. He had to face the powerful rhetorical and legal skills of Friedrich Carl von Savigny whose views against legal codification prevailed for many years in the early nineteenth century. This contribution can be only a prelude to the real music. Interpreting law and subjects in legal history is such a common practice that it is most welcome to reflect on this core activity from an unexpected angle.

Of manors, towers and castles

Living near Utrecht with its beautiful old inner city and many monuments from earlier centuries can make you wish to look around this town in the heart of the Netherlands to find more monumental buildings or remains of them. People watching last year on television the start of the Tour de France from Utrecht may have looked at some point to a spectacular aerial photo of a castle and the park around it. The castle of Haarzuilens is the largest castle in my country, and it is really in a class of its own. Since 2013 I live almost in the backyard of the former manor Huis Voorn of which only the two eighteenth-century dovecotes survive, a memorial of seigniorial rights, worthy of a post here. Some castles show all the archetypical elements of the fairy castle with one or more towers, battlements and a moot surrounding the premises. Some are accompanied by follies, nineteenth-century – or even earlier – fake buildings, some have become themselves to a large extent reinvented houses.

Thus many buildings are only castles by virtue of their name. The importance of castles for legal history is surely their connection with jurisdiction and rights, and in my country even with the very shape of newly cultivated grounds, in particular in marshy regions. In this post the walking historian rides again! In fact I did ride to these houses by bike. Most of my examples will come from the southeast corner of the province Utrecht, the Kromme Rijngebied, an area named after an old meandering branch of the Rhine. Along and near the Langbroekerwetering, a stream made for drainage of this originally swamp area, there were some forty fortified houses, and luckily for you I will not visit them all, but you might become curious for more indeed.

A tour of castles in Utrecht

The tower of Den Ham, VleutenLet’s start with a most imposing tower at Den Ham near Vleuten, nowadays part of the city of Utrecht. In the mid-nineteenth century most of the fortified house around it has been demolished. The freestanding tower with seven floors is the largest one still standing in my country. The tower is actually for sale, now for only (!) € 1,750,000. I did not put here on purpose a picture made in January 2015, but it can serve to remind you of the problem of heating an old building enough to be comfortable for people in our century! The fortified house ranked as many other stately buildings in Utrecht as a ridderhofstad, literally a knightly manor giving its owner entrance to the States of Utrecht as a member of the gentry. This rule only developed during the sixteenth-century when a first version of a list was published. Thus the States of Utrecht tried to deal with the proliferation of castles, manors and other major private homes and possible claims to qualify for its membership.

Kasteel Heemstede, Houten - photo November 2013The range of castles and manors in the province of Utrecht goes from the tower of Den Ham to almost fairy-tale castles such as Haarzuilens, but I would like to look here at an example closer to the Kromme Rijn river, Heemstede near the former village Houten, now a garden-city to the south-east of Utrecht. Its splendid outlook could convince you it was always as grandiose as it looks now. However, its present incarnation is in fact just a faithful copy of the original building which was destroyed by fire some fifteen years ago. It is now home to a hotel. The surrounding grounds have been converted into a golf course. The Amsterdam-Rhine canal with its busy traffic runs close to it.

Castle Beverweerd, Odijk Near the village of Odijk is castle Beverweerd. Until a few years ago it was home to a public school. As you can gather from my picture it is situated in lush surroundings. From the meadow across the castle it becomes clear a number of medieval elements have been added quite recently. Adding such elements is not a new development, it follows closely practices starting in the nineteenth century. I will show you an example in the next section of this post.

Sterkenburg

Another tower not far from Odijk is located almost at the beginning of the Langbroekerwetering, the main stream created to develop the marshes into a cultivated area. Sterkenburg, “strong fortress”, certainly looks as a stronghold. The flag at the top of the tower adds an element familiar from television series with tales about courageous knights and damsels in distress. Alas I could not take a photograoh to this fortified house because the trees surrounding it make it impossible to view this house completely. To the left of the tower is the main building. In order to make up for the lack of details I could think of nothing else but turning around and taking a picture of the dovecote in the meadow adjacent to Sterkenburg and its grounds. To be sure, this dovecote is indeed a nineteenth-century folly, but something more is the matter in the south-east corner of the province of Utrecht. During the seventeenth and eighteenth century it became fashionable for rich Dutchmen to buy old castles and manors as summer houses.

A matter of rights

The folly of SterkenburgBuying yourself as a landowner a nice large summer resort is one thing, gaining access to the States of Utrecht by getting hold of a place with the eagerly sought rank of a ridderhofstad was surely as important. The presence of other buildings around your reinvented castle or old manor helped to show off your wealth, the sheer size of your landed property. In the case of follies or other embellishments your taste, too, became visible.

Rhynestein, CothenSome castle-like manors suggest a particular right. In the village of Cothen Huis Rhynestein is located at the Kromme Rijn river directly opposite to the village church. Not only a manor, but also a gate survive. The local situation might suggest the lords of Rhynestein did nominate the vicar of this parish. In his book Het Kromme Rijngebied in de middeleeuwen (Zutphen, 1993), the most important and detailed study on the medieval geographic and institutional history of the Kromme Rijn area Cees Dekker showed at many turns that you cannot reach any of such easy conclusions. The sheer number of institutions and people with claims and rights in this area is truly bewildering. Only long familiarity with the relevant archival collections, the experience and all other qualities of a medievalist-archivist par excellence which Dekker impersonated, and a keen personal knowledge of this region could bring his research to bear such rich fruits.

Huis Hardenbroek, Driebergen-RijsenburgOften the key to in-depth knowledge of a castle is getting hold of its archives. Castle Hardenbroek has been and still is in the possession of its founders, probably at least since the early fourteenth-century, with the exception of a dire period of nearly a century when the family had been forced to sell the ancestral home. Twenty years ago the castle archives were entrusted to the care of Het Utrechts Archief, the combined municipal and provincial archives of Utrecht. Hardenboek is located in the village Driebergen-Rijsenburg, but it is actually very close to Langbroek and Cothen.

A note on Dutch archival collections

Logo Het Utrechts ArchiefMany archival collections of castles and manors in the province Utrecht are kept at Het Utrechts Archief, a central point in this small province, and not in the smaller regional archives at Amersfoort, Breukelen, Woerden and Wijk bij Duurstede. Luckily the portal site of the Utrechts Archiefnet makes it possible to search directly in the online finding aids of both Het Utrechts Archief and the four regional archives in the province of Utrecht. Lately the arrival at Utrecht of a very substantial number of archival records for Hardenbroek from the Nationaal Archief in The Hague and the Gelders Archief in Arnhem has given a new push to finish the new inventories for Hardenbroek that will replace the provisional finding aids published in 2000. I use the plural inventories on purpose. In a way the new finding aids will open the road closed by the beautiful gate on my picture.

Logo NKSYou can find more about Dutch castles for example at the website of the Dutch center for castles and manors with a good links section and also at Kastelen in Nederland. There is a special website Utrechtse buitenplaatsen for manors and castles in the province Utrecht. Relevant images can be found online for example in the image database of the Rijksdienst voor het Cultureel Erfgoed, the Dutch National Service for Cultural Heritage that has also created a database to search for monumental buildings. Het Utrechts Archief offers online access to almost all its finding aids. You might still benefit from the printed guide to archives in the province Utrecht by A.N. Beets, H.L.Ph. Leeuwenberg and J.G. Riphaagen (eds.), De archieven in Utrecht (Alphen aan den Rijn 1985), the eleventh volume of the series with overviews of Dutch public archival collections (PDF, 9 MB). At present only the volumes 3 to 14 of this important series with a deceivingly long title, Overzichten van de archieven en verzamelingen in de openbare archiefbewaarplaatsen in Nederland, are available online at the Digitale Bibliotheek voor de Nederlandse Letteren, however among them at least also the last volume, the guide to private archival collections in the Netherlands [H.J.H.A.G. Metselaars (ed.), Particuliere archieven in Nederland (1992)]. The volumes for Drenthe and Gelderland have not yet been digitized, but the separate volume concerning archives in Amsterdam can be viewed online. Even if you have no particular interest in the history of castles and manor these invaluable guides merit your attention for legal history, because the volumes start with a map of jurisdictions before 1795. Sometimes the venom is in the end, but here there is a bait waiting for you!

250 years freedom of the press

TheSwedish royal ordinance of 1766The freedom of bloggers is not something you should take for granted. In some countries of the world blogging is really dangerous because governments are not at all at ease about the freedom to express oneself. 250 years ago Sweden saw the first legislation for freedom of print. In Sweden and Finland special websites gave been launched to celebrate this commemoration. Anders Chydenius, the Swedish minister responsible for the epoch-making law, came from Finland. In this post I would like to look at the celebrations and at eighteenth-century Sweden and the impact of this act of legislation.

A long history

Header Frittord 250

The commemoration website Frittord 250 [The Free Word 250] created by the Swedish Academy of Sciences is the first point of access to find out about the law of 1766. The corner with source materials (Källmaterial & resurser) is the only point where you will find information about the historical legislation. You can download a PDF with a digital version of the original law (24 MB) or read it online at the website of the university library in Lund. With fifteen articles in a few pages it is a remarkable concise law. However, this evidentially led rather quickly to changes. Before 1800 there were already five new laws dealing with the freedom of print. The section offers the texts of seventeen ordinances and laws up to 2001. When you press the button In English you will find only a brief summary of the matter at the center of the commemoration. The calendar of activities and blog posts form the major part of the project website. One of the activities is a travelling exhibition Ordets akt [The act of the word], now at the Kulturhuset Stadsteatern in Stockholm.

Saying the focus of Frittord 250 is on the present is an understatement. I happened to find at The Constitution Unit website of University College London in the foreign corner of the section Freedom of Information an introduction about the Swedish freedom of press. Here, too, the story jumps from just one short paragraph about the original law to the current state of affairs. It is one thing to acknowledge the importance of current debates about freedom of speech, freedom of information and the way governments try to interfere with the public sphere, it is another thing to study developments and backgrounds which could be rather important in understanding and interpreting contemporary issues. For the United Kingdom the website of the Constitution Unit gives you at least a short history of developments since the sixties. The links section brings you for example to the international portal Right2Info where you can find much more. Its resources section is very impressive, even when you might wonder whether it is sufficient to mention for some countries only the national ombudsman.

Banner Freedom of Information 250 years

The historical background of the 1766 law gets more space and attention at the Finnish website Freedom of Information: Anders Chydenius 250 years, a website accessible as often is the case in Finland in Finnish, Swedish and English. It is invigorating to read here about the historical, cultural and political background of Sweden’s pioneering law. Chydenius can be termed a very active exponent and propagator of Enlightenment ideas. His plea for freedom of press was part of his campaign in 1765 and 1766 for free trading rights. Maren Jonasson and Perti Hyttinen translated a number of Chydenius’ works in English [Anticipating The Wealth of Nations. The selected works of Anders Chydenius, 1723-1809 (London, etc., 2011)]. This book contains also a translation of the 1766 law. When preparing this post I also visited the website on copyright history of Karl-Erik Tallmo who looks not only at Sweden, but also at the history of copyright in England and Germany. Bournemouth University and University of Cambridge have created the well-known portal Primary Sources on Copyright (1450-1900), and you can also learn something from the digitized texts in the Archivio Marini (Università degli Studi di Pisa).

Instead of only looking at the context of this law we might as well look at this piece of legislation in some detail to establish the width of its impact on information. The law’s full title Kongl. Maj:ts Nådige Förordning, Angående Skrif- och Tryck-friheten, “His Majesty’s Gracious Ordinance Relating to Freedom of Writing and of the Press”, promises much. In the preamble censorship is nominally abolished but technically transferred to the royal chancery. The stress on the benefit for the enlightenment of the people and the observance of laws is remarkable. In the first article a clear limit for the freedom of expression is posed by forbidding anything that goes against the Christian faith. Writings criticising the form of the state and the king himself are prohibited in the second and third article. Publications have to be printed with full names or with the printer’s responsibility to disclose the author’s name. The need for due process in cases in which this is disputed is made explicit. The fifth article stresses the fact only the limitations of the three first articles can set a limit to any expression in print. The following articles deal with matters we would describe today as freedom of information, in particular concerning actions of the government and the judiciary, including the verdicts of judges. The support in the fifth and twelfth article for those wanting to write honestly and correctly about history is not only pleasing for historians, but indeed important. Article 13 is a clause to ensure any subject not included or mentioned falls under the freedom of press, and article 14 expresses the wish to make this law irrevocable. In my view this law can stand scrutiny from modern perspectives in a number of aspects. The law was issued on December 2, 1766. For Chydenius freedom was a crucial element in all his plans for reform and renewal of contemporary Sweden.

The Finnish website shows how exactly this wish for perennial and unchanged force was soon thwarted. It makes abundantly clear that the Swedish road was not a linear road of and to freedom of speech, print and information. Alas for those wanting things to be entirely black or white, good or bad, a success or a failure, the Swedish story shows history does not fit into their dualistic world view. Thus history can be perceived as a possible nuisance, a luxury good of elites or something a nation cannot afford anymore. I feel ashamed to live in a country where we have to face the threat of the disappearance of history as a part of the secondary school curriculum . Baron Raoul van Caenegem, the famous Flemish legal historian, wrote already many years ago: “Who hinders, forbids or abolishes the study of history, condemns people to ignorance and gullibility”.

Logo Anders Chydenius Foundation

It is up to you to look at both the Swedish and the Finnish websites, and also to the website of the Anders Chydenius Foundation, yet another example of a trilingual site, to expand your knowledge, deepen your understanding, in short to use your critical faculties to see the values history can provide and the ways it can sharpen our understanding of contemporary society. However, history can be more than a handmaiden guiding you to act wisely in current affairs, it can teach you much about women and men in the past, the ways they faced the problems of their times and aspired to be as much human as we do.