Interpreting the French Revolution is a kind of historical industry. New interpretations and fresh assessments sometimes seem to tumble over each other or follow in relatively quick succession. Some watersheds remain visible, at least for those not immersed in the latest relevant literature. The fall of Robespierre and the end of the Great Terror in 1795 mark a period, as does the coming to power of Napoleon in 1799. The period between 1795 and 1799 with the Directoire might seem a minor interruption of the chain of revolutionary developments.
In my series of post on the French Revolution I have put legal developments at the centre. With the completion and launch of a database with legislation enacted between 1795 and 1799 it becomes possible to look again at sweeping views of the character of the French Revolution. Did it really only destroy the Ancien Régime or did it build lasting structures at a legal level? Did only Napoleon erect a final new legal order with his Code civil and Code penal? Let’s look here at the database La Loi de la Révolution française 1789-1799, available at the ARTFL platform of the University of Chicago. What are the qualities of this project long known for its acronym ANR LexDir?
Legislative activity under the Directoire
In 2015 I published here my post ‘Laws and the French Revolution’. Whatever the merits of this contribution with lost of information concerning digital projects featuring information related to French legal history in the late eighteenth century, it remains a surprisingly often visited post. Over the years I have made some adjustments and additions. The French research project ANR LexDir started some ten years ago, but only now I spotted news about its completion and the launch of the database at the end of the international scholarly meeting La Directoire fait sa loi! held by the Université Paris 1 Panthéon- Sorbonne on September 9-11, 2021. You can download the program (PDF) of this event.
The sheer number of laws and decrees enacted between 1789 and 1799 is much larger than you would guess at first. Modern national parliaments and the European Union do have a substantial legal production nowadays, but the members of the revolutionary assemblées succeeded in creating a massive quantity of legal enactments. How did they have any spare time for steering the French Revolution through all perils?! At the ARTFL platform the project team with Yann Arzel Durelle-Marc, Anne Simonin and Pierre Serna underlines in their concise introduction the fact the French Revolution was a highly legal phenomenon, something already noted by Jules Michelet with his vignette “le triomphe du droit”. The new resource should enable you to put such statements in due perspective.
The new platform at ARTFL offers not only the legislation published between 1795 and 1799, but also the laws published since 1789 in the Collection Baudouin which remains separately available. The Collection du Louvre – with eighteen volumes covering the years 1791 to 1794 – is the source for a part of the legislation covered also by the Collection Baudouin (85 volumes for the period 1789-1799. Its volumes 68 to 85 cover the Directoire from October 1795 to December 1799. In fact if you like to focus on either one of these collections you can directly go for them at the search interface.
With the database at the ARTFL platform comes the rich search functionality of Philologic4. Not only can you browse for a particular year and use a general free search option, but also a recherche avancée enabling you to look at contexts, collocation and chronology of laws. The advance search mode allows you to filter out headings, to skip indexes, to use either normal (Gregorian) or revolutionary dates, and to filter for subjects and titles of laws, to mention only the most important features. These filters are also at hand in a filter panel to the right of search results. You can present results with only the exact text or show them in their context. My first impression is that of a veil lifted from an amorph mass of information. The feeling you can search here in full depth is most attractive and promising.
How should one appreciate the value of this new online resource? It is one thing to be able to use digitized works for example in the splendid selection Essentiels du droit of the Gallica digital library showing you many sources for French legal history, but searching in these sources is another thing. A database gives you new search opportunities. Having at your disposal all revolutionary legislation coming from the capital and being able to use it as a textual corpus helps you to put materials from outside Paris from the various départements into more and deeper relief, to mention just one possible approach. In the next paragraph we will see how French revolutionary legislation does not have to be studied as a single or isolated subject.
In view of the riches awaiting you both in this alluring Intertextual Hub and in the database with French revolutionary legislation from 1789 until the end of 1799 you will probably not want to read here much longer than absolutely necessary! I will end with warm thanks to the research team in Paris and the ARTFL staff at Chicago for bringing this project to a successful conclusion. I had best offer you here below the links to the complete series of my posts concerning legal history and the French Revolution.
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 the DCH as 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.
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.
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.
Jubilees come in various forms. Some are obviously too arbitrary or only remotely interesting, others call rigthly for your time and attention. Among French educational institutions the grandes établissements take pride of place. The École nationale des chartes (ENC) in Paris is surely very special among them. In 2021 it celebrates its bicentenary. Although it is obvious to make a comparison with the Monumenta Germaniae Historica in Munich, commemorated here in 2019 for its own bicentenary, the ENC distinguishes itself by being a school for archivists and paleographers. In this post I will look at the fundamental aspects of the ENC, some of its former pupils and at some famous episodes from its history.
The institutional setting
Fairly recently the ENC became a part of the Université PSL (Paris Sciences & Lettres) after a period as part of the university Paris Sorbonne, hence the different URL’s for some elements of its current digital presence. I had better start here with stating that the ENC is formally not a grande école or grand établissement with an independent status, but it ranks decidedly with its equals. I should tell you also immediately I am deeply impressed by a work on the development of history as a profession in France during the nineteenth century, written by Pim den Boer, Geschiedenis als beroep. De professionalisering van de geschiedbeoefening in Frankrijk (1818-1914) (NIjmegen 1987). This study helps you very much to see major institutions, minor and major figures and developments in their context. During the nineteenth century the ENC provided France in the first place with archivists and paleographers who put their work in archives at the service of historians. The chartistes did write theses, but these stayed closed to the documents; aktengemäss was Den Boer’s vignette for their production. We tend to associate the ENC with critical source editions, but producing book length editions is a much later development. The ENC shows its core qualities in the new critical edition of the royal ordinance of February 22, 1821 founding this institution, available online as a PDF and introduced with a video.
The creation of a journal by the ENC, the Bibliothèque de l’Ecole des Chartes (BEC) in 1839 was an initiative of the newly founded Société de l’École des Chartes. It is one of the oldest still existing scientific journals. You can find digitized issues at the Persée portal up to 2015. Among the issues from this century are some thematic volumes. With its training in the auxiliary historical sciences and its insistence on using historical research methods the ENC soon became a model institution. Dlplomatics, paleography, chronolology and sigillography are perhaps the best known auxiliary sciences for historians. These disciplines are still taught at the ENC, but next to the classic training for archivists the ENC offers four other masters. digital humanities for historians, digital humanities, transnational history and medieval studies. At the Theleme portal the ENC offers course materials, dossiers on several themes, and a number of bibliographies. You can benefit for example from the materials on book history in the Cours section. When reading Early Modern French documents you will encounter abbreviations listed in the Dictionnaire des abréviations françaises.
The ENC uniquely has both a library and a journal called bibliothèque, and both deserve some attention here. Its collections brought the library a recognition for excellence (Collections d’Excellence). Of course there is also a bibliothèque numérique, with apart form licensed resources also three digital collections from its own holdings, and three virtual exhibits. For the theses of students the library has created a subdomain in its digital library called ThENC@. On a second subdomain Theses you search in all these since 1840. PhD theses defended at the ENC between 2013 and 2020 are conveniently mentioned in a list.
Celebrating a bicentenaire
Of course it is clear the projected celebrations for the bicentenaire could only partially proceed in its original planned format. I will therefore skip presenting the program, except for the special issue on the jubilee published by the history journal L’Histoire (PDF). It is much more interesting to look at some of the educational platforms creaetd by the ENC, one of them put online only a few weeks ago.
The French sense for structure has led the ENC to create yet another subdomain for is applications with the nice abbreviation DH, because a number of them are a part of digital humanities. You can have a look at applications under development, too. The best known is perhaps Éditions en ligne de l’École des chartes (Élec), with currently 32 electronic editions. A few years ago I wrote here a contribution about Graziella Pastore’s edition of the Livre de jostice et de plet. The most used online edition is probably the great dictionary – actually formally only a glossary – for medieval Latin created by Charles de Fresne du Cange. The theme range of the editions is really wide. There are also some acts of scientific congresses, and for example a repertory for medieval French translations of texts in classical Latin and Greek. Among other projects I simply did not know about the online version of the Dictionnaire topographique de la France (DicoTopo,) a very useful tool for tracing French (historical) geographical locations.
I had expected to find here also a reference to the Theleme portal, but the ENC views this as an educational resource. Theleme stands for Techniques pour l’Histoire en Ligne:: Études, Manuels, Exercices, Bibliographies, a host of things much needed by (French) historians. The bibliographies for the historical auxiliary disciplines are splendid. Among the tutorials (cours) I would single out those dealing with book and printing history. The Dictionnaire des abréviations françaises should inspire palaeographers worldwide to create similar tools showing abbreviations for their own country and language. The dossiers documentaires offer both historical and palaeographic commentaries for images of charters and other documents in French and Latin from France. They offer students a most useful introduction in studying medieval and later documents.
The latest addition to the fleet of subdomains and digital projects of the ENC is ADELE (Album de diplomatique en ligne), an online project providing images of medieval charters for diplomatics, the study of charters as an auxiliary historical discipline, a classic activity at the ENC since its foundation.
Beyond reading old scripts
Being able to study old scripts was perhaps the thing most clear to outsiders about chartistes. It was not a coincidence professors at and former students of the ENC got involved in looking at the infamous document posing itself as evidence in the Dreyfus case around 1900. Interestingly chartistes were found both among the dreyfusards, those defending captain Dreyfus, and among his fierce opponents. In an earlier contribution I looked at this case and the importance of a newly found secret dossier. I remember in particular reading the article about the position of former élèves by Bertrand Joly, ‘L’École des Chartes et l’Affaire Dreyfus’, BEC 147 (1989) 611-571 (online, Persée).
It is not entirely by chance that the scientist René Girard (1923-2015) , one of the most famous former student of the ENC, became interested in the role and importance of mechanism for blaming people. His theories about scapegoat mechanism made him most interesting for anthropologists, but legal historians, too, have to be aware of such mechanisms, and not only when dealing with criminal law. Roger Martin du Gard (1881-1958) became an author of famous novels, foremost the series Les Thibaut (1922-1940), which brought him in 1937 the Nobel prize for literature.
The ENC does not have its own various series of source editions like its slightly older German counterpart, the Monumenta Germaniae Historica, but its professors and former students certainly produced numerous critical editions in the classic French series such as the Classiques de l’Histoire de France. Many theses defended at the ENC have as its core a source edition. Today the ENC offers four master degrees, including a degree for digital humanities, beside the original course for archiviste-paléographe. Its horizon goes beyond the Middle Ages. The MGH offer currently summer schools in the historical auxiliary sciences, but the institute does not have a school. A number of German historians did contributed editions for the MGH or were at some time a staff member. Both institutions have their own distinctive qualities and know an equally rich history with sometimes dramatic periods. Both deserve laurels as pioneers and models for contributing to historical research in Europe, For me 2021 would not be complete here without a commemoration of the ENC’s bicentennial!
Among the postponed scholarly events of 2020 were also the 23rd Belgian-Dutch Legal History Days in Rotterdam. Finally it took place as an online event on December 16 and 17, 2021. With some fifty participants and most of the time two parallel sessions the program was certainly substantial and varied. This event upheld its tradition of giving first of all space for graduate students to present their research, but other scholars contributed to it as well. In this post I will offer some impressions of the two days organized by Tammo Wallinga.
Hearing new voices
Presenting in front of a computer screen is by now common practice for scholars, but your first paper at a larger event will remain special. In some cases both senior scholars and young aspiring researchers had to deal with some technical problems, but most of them succeeded in presenting a fine PowerPoint and a well-structured paper. It is impossible to do here justice to the variety of subjects and sessions, also in view of a total of thirty-five papers in the program… At Twitter Frederik Dhondt (@HerakleitosMD, Vrije Universiteit, Brussels) bravely attempted to report live from parallel sessions, but I will not imitate his efforts at virtual bilocation! I have uploaded the abstracts, most of them are in Dutch.
Dirk Heirbaut (Universiteit Gent) opened the conference with a paper on the rather curious difference in approach to attempts in European countries at codification. Some countries seem to see it as a feat for victorious generals and former generals. In Belgium one cannot imagine a committee creating a code, but in the Netherlands one is sceptic about the feasibility a one-man codification. In this respect comparisons can enormously widen the horizons of lawyers and scholars. Vincent van Hoof (Radboud Universiteit Nijmegen) did look at the image of the schepenen (aldermen) of Amsterdam and their supposed favor for Roman law in preferring their acts ratifying security arrangements above notarial acts. Amsterdam was not unique in its policies. Other capitals and main harbors of Western Europe followed similar policies.
Some sessions combined very different subjects, others were clearly focused around one theme. You will see here in particular young scholars working at Flemish universities, but also scholars from other countries, as in the first parallel session I attended. Marvin Wiegand (Vrije Universiteit Amsterdam) is a German scholar studying the influence of Roman law on late medieval Frisian law. In the case he presented a widow arguing for prolongation of her guardianship could successfully use a wrongly chosen text from Roman law… Pedro Ricardo de Salvo Santos (Leuven) talked about the seventeenth-century Leuven law professor Petrus Gudelinus and his views cocnerning sovereignty and public law.
In a following session I heard Tom Bervoets (Vrije Universiteit Brussels) speaking on the reforms of parishes in eighteenth-century Brabant and the role of the Raad van Brabant in making changes happen or not. Paul Nève (emeritus professor, Nijmegen) spoke about the research he did during twenty years with Michel Oosterbosch on the history of notaries in Europe. Notaries were sometimes subjected to quite different regulations for qualification. In the Dutch Republic the provinces took over the task of maintaining standards and admitting new notaries. With Oosterbosch Nève has created a biographical repertory for a particular kind of notaries, the apostolic protonotaries and the paltsgraven (comites palatini). Pim Oosterhuis (Maastricht University) presented a paper on the changing place of commercial law as a separate field within private law since the early nineteenth century. Was it really exclusively the law of and for a particular segment of society?
In a following session I presented a paper on legal consultations from the seventeenth century in the province Utrecht. Recently I studied a number of manuscripts held at Utrecht University Library and Het Utrechts Archief. You can choose from several sets of manuscripts with either only copies or also originals of legal consultations. I could report already on some surprising findings, and it is clear a follow-up will yield even more interesting results and certainly more context to understand things that seem now special or odd. Manon Moerman (Maatsricht) spoke about Early Modern contracts for investment partnerships and companies in Amsterdam. Not only financial motives played a role in creating companies. Flip Batselé (Ghent and Brussels) took his audience to the twentieth century for his paper on international investment law and Royal Dutch Shell between 1955 and 1989. A group of oil companies and banks tried to influence politicians and lawyers, with sometimes a major role for Shell and its staff members.
Variety and focus
On Friday December 17, 2021 three sets with two parallel sessions were held and a closing section with one plenary. From the riches I have chosen here at will some sessions. The first session I want to mention briefly brought two papers. Together Wouter Druwé and Geert Sluijs (Leuven) presented a paper on educational reform at the seventeenth-century law faculty in Louvain and the view in this respect of Diodorus Tuldenus (1594-1645). An ordinance of the Habsburgian archdukes in 1617 prompted efforts for reform. Tuldenus showed hi as critical of the moral standards of aspiring law students, pleaded for stricter admission standards and wanted them also to use handbooks. In his view public law, too, should become a part of the curriculum. Interestingly, the second paper in this session, too, involved legal education. Bruno Debaenst (Uppsala) reported on his Swedish experience with law students tackling subjects in legal history in the master phase. It seems some retired professors of legal history in Sweden did not supervise at all student papers and theses for legal history. Debaenst found his students quite interested to set their first steps in Swedish legal history. This fact becomes important also for the Netherlands where for instance at Rotterdam legal history will no longer be an obligatory subject for bachelor students.
In the last full section I want to mention here three graduate students at Louvain focused in particular on the history of the Katholieke Universiteit Leuven. In her paper Shiri Roelofs discussed the views of theologian Robertus Bellarminus (1542-1621) on letters of exchange and their admissability. He took over parts of later medieval theologians, but added also his own distinctions. Wout Vandermeulen took us to another professor of theology, Johannes Malderus (1563-1633) and his views on monopolies. The School of Salamanca seems the wider context of these views, and Vandermeulen looked also at possible connection between this movement and the origins of current law on monoplies in the European Union where he will try to pinpoint the influence of German lawyers. Martijn Vermeersch took Balthazar de Ayala (around 1548-1584) as the key figure for his paper, a man who became the auditor-general of the Spanish army in Flanders under Alexander Farnese. His treatise De iure et officiis bellicis et disciplina militari libri tres. In his work he combined the laws of war, military strategy and discipline in a new way. De Ayala’s penchant for the mere legality of actions by princes has been criticized in the past. His views seemed unjust and too much influenced by the Spanish and his own position. However, his work gives the rare opportunity to gain a perspective from someone actually taking part in warlike situation such as the Dutch Revolt.
In the closing lecture Laurens Winkel (professor emeritus, Rotterdam) sketched a mighty tableau of fundamental questions concerning the degrees of culpability in criminal law from the Romans up to the present. His determination to tackle large questions and to opt for a kind of Big Legal History affirmed how much alive legal history can be and how wide in its aims. It was not only exemplary for his scholarship, but also an example for others to bravely approach large subjects by going from the earliest foundations to our present.
Promises for the future
In my brief contribution I have scarcely dealt with one half of all contributions, but luckily I can provide you at least with all abstracts. For me it was a most welcome thing to a varied and rich choice of subjects currently under close scrutiny by graduate students. Some senior and very senior scholars showed here a number of larger subjects, but some research student, too, show a willingness to use wider perspectives. No apologies are needed for looking here at many contributions from or about Leuven, because for many centuries Leuven was simply the only university in the Southern Low Countries. At the end of the conference Wouter Druwé could express our shared thankfulness to Tammo Walinga for his calm leadership in organizing this online conference and steering it not through the Meuse river within Rotterdam, but certainly in stormy times to a good and promising end. In 2023 the next Belgian-Dutch Legal History Days will take place in Leuven.
Every now and then you encounter on the web projects and initiatives you simply want to share with others. Today I noticed the blog of a project around illuminated French charters. The long bilingual title says a lot: Macht, Diplomatie und Dekor – Pouvoir et diplomatie par l‘enluminure. Die illuminierte Urkunde in Frankreich – Les chartes enluminées en France 1160 – ca. 1420. For shortness‘ sake the blog luckily has the concise name Carta Franca! The blog accompanies the project on Macht und Diplomatie, power and diplomacy of Gabriele Bartz and Jonathan Dumont at the Institut für Mittelalterforschung of the Austrian Academy of Sciences in Vienna. The objects at the centre of this project can be viewed online at Monasterium.net as a subsection of a larger section with illuminated medieval charters at this portal, a result from the project at the university of Graz. What does illumination mean as an element of acts written on parchment? How come art history and the history of diplomacy, diplomatics and legal history together? In this contribution I like to put the spotlight on thees questions.
My curiosity for the subject of this post comes not only from my interest in legal iconography and medieval history. As a student I completed almost a minor in medieval art history. The riches of the library for art history at Utrecht University and the presence of a copy of the famous Index of Christian Art helped to develop my interests in this field.
Medieval charters show always to some extent power, first of all the power to document acts by writing, by creating a document and by authenticating it with a sign, in particular with seals. In 2019 I wrote here about the visual power of seals, and seals figured also in my 2019 post on digital approaches to medieval charters.
At Carta Franca art history and diplomatics are the main focus. Since 2020 five contributions take art history as their starting point. Really spectacular is the recent post by Gabriele Bartz – in German – concerning a royal charter from 1332 showing both the heads of king Philippe VI (reigned 1328-1350) and his wife Jeanne de Bourgogne in the illuminated double initial, the first two letters of the charter. In this act the king changed his marriage gift to the queen, because he had decided to destine his original gift for her to his son. Bartz compares this charter with some contemporary examples and tries to establishes a link with known illuminators in this period. At Monasterium this charter is presented with a summary of the contents, a description, a commentary and bibliographical references.
Surprising in this category is also the contribution focusing on the decoration of the plica, the small folded lower part of a charter to which seals are attached. Even historians do not always look carefully at a plica in order to check for any chancery marks or remarks. Sometimes scribes scribbled knots, others turned circles into faces, yet another draw eyes on both sides of the threads connecting the seal to the charter. Bartz views these drawings as an innovation of the mid-fourteenth century. Both contributions show a judicious balance between art history and other historical disciplines.
The category Diplomatik / Diplomatique – to be distinguished from Diplomatie, diplomacy! – contains currently just one contribution in French by Jonathan Dumont, La foi au secours du droit, faith helping the law. A charter of king Charles V from 1372 is illuminated with a large initial C at the beginning. To the drawing lines from three psalms have been added [Ps. 7 (8),7, Ps. 45 (46),16-17 and Ps. 112 (113),2], and also the title of the Easter hymn Christus vincit, Christus regnat. In this charter Charles V confirmed the last will of his deceased brother Louis d‘Anjou and instructed his officials not to interfere with the execution of its stipulations. Dumont places the words in the realm of transcendental representation of kings and royal power, and he nicely notes also this act runs against normal law calling for diligence with last wills. For Dumont it is also a matter of dynastic power at work in favour of his late brother. This charter, too, is fully commented at the Monasterium charter portal. Of course this single contribution wets the appetite for more posts from the perspective of diplomatics and legal history.
Charters in context
The project in Vienna started in August 2020 and will run until 2023. Not only royal charters will come into view. Bishops and monasteries, too, issued illuminated charters. The projected corpus of some 1,300 charters will become visible at Monasterium. Within its general section for illuminated charters there are currently six subcollections, not only for France, but also for the most splendid examples, called Cimelia (sometimes called Prunkurkunden), charters from Lombardy and papal charters. There is also a glossary in German for the terms used in describing illuminated charters. By the way, the Monasterium portal has a multilingual interface, but not every element has been translated.
In fact there are even more similar collections at Monasterium. The collection or subset with French illuminated charters has only been added on December 2, 2021. Thus it is certainly useful to check the list of recent additions at Monasterium. As for now the collection overview shows thirteen collections with illuminated charters. The portal contains now contains information about and often also images for charters from nearly 200 archives in fifteen European countries. You can approach the 660,000 charters included currently by archival collection and by research collection or through an index search. The Monasterium portal has developed into a major resource for research concerning medieval charters. The section for illuminated charters is the fruit of the project in Graz led by Martin Roland, Georg Vogeler and Andreas Zajic.
The medium is the message
The research into the existence, form and role of late medieval illuminated charters can help to view charters differently. Not only the legal act transmitted in a charter is important. Its importance can be expressed more convincingly and visible by using illumination and illustration. More precisely, these added elements can highlight other messages not spelled out in the text of the charter. The illumination of charters adds a second layer of information, operating on another level of action and perception, sometimes showing simply the richness of the issuing person, sometimes highlighting an aspect of his power or showing the intent to put this power in a particular light.
Following the progress of the Carta Franca project in Vienna is helped by the blog and its Twitter account @Cartafranca1. A project website is often static or just a part of larger portal, and even so often project results appear elsewhere. Publications in print from the contributors to these projects on illuminated charters have of course appeared, too. To mention just some examples, Martin Roland contributed the article ‘Illuminierte Urkunden. Bildmedium und Performanz‘ to the essay volume Die Urkunde: Text – Bild – Objekt, Andrea Steildorf (ed.) (Berlin 2019). Gabriele Bartz and Markus Gneiss edited the volume Illuminierte Urkunden. Beiträge aus Diplomatik, Kunstgeschichte und Digital Humanities (Cologne-Weimar-Vienna 2018; Archiv für Diplomatik, Schriftgeschichte, Siegel- und Wappenkunde, Beiheft 16). The project in Vienna follows after research projects about illuminated medieval manuscripts in Central Europe. The connection with manuscript production is just one of the perspectives helping to study the subject of illuminated charters. In the brief compass of this contribution I hope to have made you curious, too, about new ways to study a classic source genre for medieval history and some of the tools making such research possible.
You do not expect after the six o‘clock news on television on two following evenings a documentary movie about slavery and the role of the Middelburg Commerce Company and its rich archive held at the Zeeuws Archief in Middelburg, yet exactly this could be seen on Dutch television on November 2 and 3, 2021. The series Zwart verleden: Het archief van de Middelburgse Commercie Compagnie [Black past] with six items was shown in two installments, each during some twenty minutes. On the tv playback platform NPO Start you can retrieve both videos which appeared in a series called Noord-Zuid-Oost-West [North-South-East-West] produced by Dutch regional broadcasting institutions and sent also by the broadcasting society Omroep MAX. The stories to be told using the materials at Middelburg are special indeed. In this post I will look at both videos created by Omroep Zeeland and at the archival records and other resources offered online thanks to the services of the Zeeland Archives.
A very active company
The story of the Middelburgsche Commercie Compagnie (MCC) is perhaps not unfamiliar to historians, but for the general public it is first of all revealing that this company existed at all outside the province Holland. It was not a part of the Dutch East Indies Company nor of the West Indies Company. By giving the story of Dutch slave traders a place within in a city this subject in Dutch and world history becomes more alive. The MCC, a privately owned company, was active as a sailing company from 1720 until the early nineteenth century; as a wharf it existed until 1889.
The first video starts with Hannie Kool, director of the Zeeland Archives, reading a letter from people on the Dutch Caribbean island Curaçao asking the company to send them twice a year 250 to 300 new enslaved persons, with very precise specifications for their personal qualities such as age and length. The directors of the MCC answered they could not fulfill this request, because they depended on the fortune of commerce. Fortune or misfortune led to 113 outbound voyages between 1720 and 1800 on the trans-Atlantic slave trade routes between Europe, West-Africa and the Caribbean.
In the second part of the first video archivist Ad Tramper looks at the voyages of the ship d‘Eenigheid (Unity), a ship measuring just 23 meter (70 feet). The journey to buy slaves in Africa could take as many as 200 days, and sailing to the Caribbean took some ten weeks. Tramper underlines the fact society in the eighteenth century could be very hard. The harsh treatment of slaves was taken for granted, but for many people this literally came not within view. The third part focuses on a person aboard the d‘Eenigheid who did professionally have a closer look at enslaved people. Ship surgeon Petrus Couperus kept a journal about his activities and medical care. He wrote for example about an enslaved woman dying from melancholy and sadness, and he noted how many enslaved jumped overboard. The book by D.H. Gallandat, De noodige onderrichtingen voor den slaaf-handelaren (1769) is also mentioned.
In the second video you look with Roosanne Goudbeek of the Zeeuws Archief at the voyages in general. European commodities were sold in in Africa to buy not just enslaved persons, but also gold and ivory. The voyage of the d‘Eenigheid did not end in Suriname. In a letter to the directors its captain wrote he judged it wiser to sail westwards to the colony Berbice. At Fort Nassau on the Berbice river the enslaved persons were auctioned. A report from this auction is part of the archive. The names of the enslaved people were not recorded nor their destination. Records about the sale of a plantation give you an idea of the way life and work were organized. The slaves belonged to the inventory for sale, and they are mentioned with their name and function. A letter even survives with felicitations to the directors of the MCC for the high prices fetched at the auction.
The fifth item in the series shows Gerhard Kok, known for his efforts to creaet quick access to computer transcribed acts concerning Dutch colonial history among the records of the Durch East Indies and West Indies companies and the colonies Suriname, Berbice and Guyana. He looks at the economic importance of the slave trade for the Dutch economy, amounting to between 5 to 10 percent around 1770 for Middelburg, and presumably more in the nearby port of Vlissingen (Flushing). He presents also a chilling document about the gruesome treatment of enslaved persons on the ship Middelburgsch Welvaren [The welfare of Middelburg] leading to their horrible death after a mutiny. The case is known thanks to the investors wanting compensation from an insurance company.
Resistance and protest
In the final installment of the series the number of 113 voyages with some 30,000 enslaved persons between 1732 and 1803. Roosanne Goudbeek looks at some remarkable stories of slaves trying to escape their fate in the Dutch Caribbean. The slave Leonora succeeded in getting aboard an inbound ship from the harbor of Curaçao, and captain Jan Bijl wrote about the sheer surprise when she was detected after a day on the Atlantic. The owners of Leonora reclaimed here form the directors of the MCC, but the responded they could not do this, in particular because she was at the very point of becoming a Christian by baptism in the Dutch reformed church. This was not the only form of resistance.During at least twenty voyages mutinies occurred. Slaves refused to eat, other slaves tried to jump from a ship. Some women threw their children into the sea, and many tried to escape from plantations.
In Zeeland some people protested in public against slavery and its consequences. Ad Tramper is shown reading the sermon against slavery preached by vicar Bernardus Smytegelt in the first half of the eighteenth century, printed in his book Des Christen eenige troost in leven en sterven (Middelburg 1747). Tramper mentions the distance between the actual practices stemming from slavery and Europe as a determining factor for the very low number of people protesting. Things happening far away can seem less important. Goudbeek stresses the unique richness of the MCC archive. Tramper ends the video expressing his hope that understanding this period of Dutch history both from white and black perspectives will help to gain more understanding of a shared history.
Using the archives of the MCC
From my brief summary of this television series of just 40 minutes you can hopefully see the clear effort of the creators to present a balanced view of the involvement of Zeeland and this company in Middelburg in slavery during a relatively short period. Some elements in the video are definitely not new. The engravings of the plan of a slave ship are just as well known as the drawing by Aernout van Buchell of The Globe theatre in London. The sermon by Smytegelt duly figures for example in the book accompanying in 2011 the television series De slavernij discussed here, too [De slavernij. Mensenhandel van de koloniale tijd tot nu, Carla Boos et alii (eds.) (Amsterdam 2011)]..
Some years ago I already encountered the splendid online exhibition of the Zeeuws Archief On the Triangle Trade at the Google Arts & Culture platform. This colorful exhibition contains much that has been now retold in the short television series. For English readers this is surely the quickest way to get a picture of the history of the MCC and its role in the slave trade. Only the blog Atlantic Slavery Voyage with the daily sequence of the voyages of the Unity has disappeared. The explanations about the blog on the Unity website suggest the blog still exists, but the actual link is not anymore present, nor have the entries been relocated on this website.
On a second page at the website of the Zeeland Archives follows the actual concise research guide in English for the MCC and its role in the slave trade. The archival collection of the MCC has been completely digitized (toegang (finding aid) no. 20, Middelburgse Commercie Compagnie, 1702-1889). The finding aid is in Dutch. I will highlight some aspects of it. In the 1951 inventory archivist W.S. Unger had changed the actual name of the company, Commercie Compagnie van Middelburg (CCvM) into Middelburgse Commercie Compagnie, an unusual thing for Dutch archivists. Apart from the 1951 introduction there is a new foreword from 2011, and you can benefit from three bijlagen (appendices), among them a list of relevant scholarly literature held at the Zeeuws Archief or at the Zeeuwse Bibliotheek in Middelburg. All handwritten maps in the collection of the CCvM / MCC were destroyed in the fire caused by bombs hitting Middelburg in May 1940. Only the printed maps survived. Luckily Unger had contributed before 1940 to some important editions of archival sources held at Middelburg. In an article from 1962 Unger gave a brief introduction to the ship journals. The Zeeuwse Bibliotheek has an online image database, and it hosts the project Zeeuwpost for some 600 digitized letters, a number of them with transcriptions, from Zeeland among the Prize Papers in the collection of the High Court of Admiralty at The National Archives, Kew.
New vistas to be explored
Last year I could applaud here the efforts of the Zeeuws Archief to tune the most used archival system in the Netherlands into creating a very simple and most useful list of all its digitized archival collections, an example still in need of swiftly copying by most other Dutch archives. The city archive in Amsterdam and the Nationaal Archief, The Hague, have created easy access for and visibility of their digitized collections. The disappearance of the voyage blog is only an example of the fragility of the internet infrastructure and the need to give finished projects a proper place within normal productivity, management and existence of any organization.
The archival collection of the CCvM / MCC should perhaps not be called unique, but with all its remaining riches and its online availability it is certainly a singularly important resource for Dutch Early Modern history enabling you to see the characteristics of the Dutch East and West Indies Companies in a different perspective. The recent computerized transcriptions of archival records of these trading companies made accessible at Zoeken in transcripties open new research possibilities for scholars worldwide. These archival records put slavery in its contemporary context, reminding us of the distances in perceptions, time and locations. The digitized records can bring you closer to dark periods in the past and show you developments and details that matter.
An aspect of the COVID-19 pandemic affecting scholarly research was and is restricted access to archives, libraries and museums. Online materials became even more important for both teachers and students than they did already before 2020. Classicists have embraced the possibilities of the internet and grasped also the use of digital humanities to widen and deepen their research, and to present the results in often interesting ways. At my blog and website I try to find and follow projects with a connection to legal history. While updating and reassessing the information about Roman law on my website I encountered at least three databases that I had missed earlier on or are simply still rather new. I certainly would like to make here some amends for the times Roman law came only seldom here into view. Apart from a presentation of the three databases I will also briefly mention some of the latest additions to my links list for Roman law. In this year’s Open Access Week it is good to know these resources can be accessed freely.
The Romans and infamy
The first database I would like to present is Infames Romani, the project of Clément Bur hosted at the PoolCorpus platform of the Institut National Universitaire Champollion (Albi-Rodez-Castres). It was a pleasant surprise to find this new element on a platform created for hosting biographical and prosopographical databases which until recently focused on students at French universities, mainly during the Early Modern period. Clément Bur wrote his PhD thesis La citoyenneté dégradée : une histoire de l’infamie à Rome (312 av. J.-C. – 96 apr. J.-C.) (Rome 2018), published by the École française de Rome. The database builds on his thesis concerning citizens whose behaviour or position in society led to marking them or simply made them infamous. People not just lost certain civic rights, they were outright degraded also by humiliating and infamous penalties.
The database with 210 cases distinguishes six penalties, everyone of them with subcategories, and a number of general cases. You can search by name, period, the kind of penalty with additional subcategories. Bur limited his research to the late Roman Republic and the first century of the Roman empire. Entries contain the text or texts mentioning a person and references to scholarly literature. In this introduction to the database Bur explains concisely his scope and aim, his definition of persons affected by infamy. He indicates the main resourced used for his corpus, and he mentions a few specific categories not included.
Among the databases Bur used one deserves some attention here. I wonder how I had not seen earlier on the database for Trials in the Late Roman Republic based on Michael Alexander’s Trials in the Roman Republic 149 BC to 50 BC (1990; 2nd ed., 2007) and extended by him, Tracy Deline and Federico Russo with the cooperation of others. The creation of this website started already in 2014, and because it is not a new database I will mention it only briefly here. The book has been converted both to HTML and XML. You can search the database with an XPath form or with Balbus. A second version of the database is currently work in progress. The TLRR database contains 391 cases, treated very summarily, and thus in this succinct form it has clearly to be consulted in tandem with Alexander’s monograph, available as a PDF at the TLRR website.
Roman bastards, a title with a twist
The team behind the Roman Bastards Database surely has a very sharp definition of Roman bastards, illegitimate children, but I hesitated to put this database here as the first item. Its title might easily be seen by the general public as a project for studying the most horrible Romans with the lowest characters and most brutal manners, the kind of persons figuring as the bad guys in movies with Roman history as its background or pretext. In their database Maria Nowak and Małgorzata Krawczyk of the Uniwersytet Warszawski bring together evidence on illegitimate offspring during the first three centuries of the Roman empire.
This database allows both searching and browsing, the last way not yet for legal sources alas, and you can use the analytical tools section for creating graphs of the occurrence of terms or their geographical distribution. The database contains currently 1828 items. Information about persons is divided over eight fields. Eight other fields contain information about the source for this person, with information about the exact text, the role of the person in the source, its date and provenance, links to online sources and references to scholarly literature. My first impression is that this database allows detailed searching for its subject, with as a bonus when needed links to external resources such as inscriptions and papyri. Some elements are not yet up and running, for example the list of abbreviations. The team scores points with clear user instructions.
A textual database for Justinian’s Digest
The third database in this post comes not as an online relational database, and not even as web pages using PHP or MySQL. For the Justinian Digest Marton Ribrary (University of Surrey, Guildford) has developed in 2020 a relational database which you can download and install yourself. The SQLite database has been written in Python and comes with sample queries. Ribrary developed this database in 2020 clearly to facilitate the integration of the Digest’s text – taken from the well-known Amanuensis app for Roman law – with some other resources, in particular the data created by Tony Honoré about Roman lawyers and their language.
Ribrary notes there are at least five other online versions of the Justinian Digest. He aims at a more structured presentation allowing more than just philological research, but also use as an artificial intelligence resource. In my view it is in the end helpful to be able to access and use texts in different formats. They allow for different approaches. Of course I added to my website the versions of the Digest in online libraries with Latin texts which did not yet figure on it. By mistake Ribrary suggests the Perseus Digital Library has a digital text of the Digesta. The Corpus Iuris Civilis is only part of its catalogue of texts.
A quick look at some recent additions
The typical thing to do with my web page for Roman law was first of all repairing broken links, a never ending task. During searches for correct URL’s I sometimes discover new projects well worth including, too, and this redeems my efforts. The section with the various original texts for Roman law needed a clearer layout. When necessary translations in print have been separated from digital versions.
This month I checked again the DigilibLT: Biblioteca digitali di testi latini tardoantichi created at the Università di Piemonte Orientale. Earlier on no legal texts from Late Antiquity were present at this portal, but in 2020 this has changed. The DigilibLT comes with an Italian and English interface. You can both read – and after registration download – several legal texts as PDF or TEI files. There is a PDF in English with an overview of the texts included and the editions used.
My web page ends with a number of online resources and portals helping you to find quickly texts, tools and other materials concerning classical Antiquity. I was much impressed by the commented list presented as Open access resources in 2020 and 2021 by the Institute of Classical Studies, School of Advanced Study, London. The section on law could be a bit more extensive, but for other subjects the choice of links offers a splendid fleet of resources now available in open access, for example for subjects such as epigraphy and papyrology. This list is a good reminder that only by looking wide and far, and sometimes quite close to your own town or country other scholars and institutions make great efforts to help the scholarly community at large. Gaps and omissions can be filled when you look around carefully, but also by the help of kind people alerting others to things that might be of interest to them. I would like to hear, too, about such things! Hopefully this spirit of cooperation will remain a cherished and stable element, too, in the present world where individualism can steer you away from communicating with others.
During summer some lighter subjects can come into view, but sometimes you suddenly notice something well worth looking at. In order to protect you from too much centenary celebrations I try to choose every year just a few of them. A new virtual exhibit concerning Hugo Grotius starts with a winning title, Grotius: A life between freedom and oppression has been launched in March 2021 by Leiden University Library on a new platform for its web presentations. One of the most celebrated historic events in the canon of Dutch history is the escape of Hugo Grotius (1583-1645) from castle Loevestein in 1621 where he was imprisoned as the chief follower of the late Johan van Oldenbarnevelt, the statesman who had done so much in creating the blossoming Dutch Republic. An exhibition in Amersfoort on Van Oldenbarnevelt and prince Maurits (Maurice) came into view here a few years ago, and just like in that summer post a particular historical object will figure here. The matters under discussion here are in the end not just light-weight, and thus I finished this post only in autumn.
A canonical figure in Dutch legal history
Before you sigh at the prospect of going on well-trodden paths with me you should know nine students of Leiden University College in The Hague prepared the virtual exhibit in English. Together with their supervisors Hanne Cuyckens and Jacqueline Hylkema they did choose five focal points which are just different enough to make you curious again about Grotius. In the first section, Leiden, the student, he forming years of the child prodigy form the subject. Grotius matriculated at Leiden in 1594 at the age of ten years. For each subject a number of objects are shown, in this case for example the matriculation register, a portrait of Grotius at fifteen, the earliest printed map of Leiden and a portrait of the famous philologist Joseph Justus Scaliger, the best known teacher of Grotius. Grotius started at Leiden with literary studies, not with jurisprudence, freedom indeed for this child prodigy to develop himself in many directions. In 1598 he obtained his doctoral degree in law at Orléans.
In the second section we do not jump at once to his major publications such as Mare Liberum (1609), followed by De iure belli ac pacis (1625) and the Inleidinghe tot de Hollandsche rechtsgeleerdheid (1631). Even a young superstar as Grotius had to immerse himself in at least one subject not just in learned books and contemporary theory, but also in daily practice. Grotius was admitted in 1599 as an advocate to the Hof van Holland, the high court of Holland in The Hague. His position as a lawyer made him for Van Oldenbarnevelt the obvious candidate to set out at length the Dutch position on the freedom of the seas. Already in 1598 Grotius accompanied him on a embassy to France, and afterwards the two men stayed in contact with each other. In this section there is also attention for Grotius’ religious views articulated in his work Ordinum pietas (1613). It put him firmly on the side of the Remonstrant movement favored also by Oldenbarnevelt.
The third section brings you to Grotius’ imprisonment at Loevestein Castle on ground of his religious and political views. The castle is placed on a marvelous strategic spot in the Rhine delta where several of its branches come together. The nearby towns of Gorinchem and Woudrichem are not easily reached. The background with the execution of Oldenbarnevelt in 1619 gets due attention, as are his religious views. You can also look at two letters. When you try to navigate to subsequent items this does not always function correctly. I had expected a link to the online version of the edition of Grotius’ correspondence at the portal of the Huygens Institute in Amsterdam nor to the version at its philological platform Textual Scholarship or to the catalogue at Early Modern Letters Online, but you can look at scans of original letters held at Leiden. The project Circulation of Knowledge and Learned Practices in the 17th-Century Dutch Republic could be added as well.
At Loevestein Grotius was allowed to borrow books from Leiden university library. These books were transported in a large and heavy chest. Hidden in the book chest Grotius could famously escape on March 22, 1621 from castle Loevestein. In 2020 a part of the television series created by the Rijksmuseum on Historisch bewijs (Historical evidence) was devoted to establishing which book chest of three chests held at the Rijksmuseum, Loevestein and Museum Prinsenhof in Delft was probably the original book chest. The chest in Delft has suitable dimensions and a more reliable provenance from the Graswinckel family who was closely connected to the De Groot family in Delft, but no evidence was adduced to confirm its actual use beyond any doubt. Thus the chest is a kind of objet de mémoire connected with an almost mythical heroic story, and the natural point of focus at castle Loevestein, a typical nationalist lieu de mémoire on a beautiful spot at the point where the Waal branch of the Rhine and a branch of the Meuse come together.
In the fourth section of the online exhibit we arrive with Grotius as an exile in Paris. In this town he completed his treatise De iure belli ac pacis. Apart from letters and a map of Paris poetry by Grotius and a poem by Joost van den Vondel come into view here.
The fifth and final section of the virtual exhibit deals with the major treatise by Grotius on prize law, De iure praedae. The Leiden manuscript BPL 917 is the sole handwritten and even autograph witness to the text of Grotius’ treatise on prize law and booty composed between 1604 and 1609. Only one chapter was published during his life as Mare Liberum (1609). The restoration of this manuscript and the subsequent digitization for the full digital edition published in 2015 are the very heart of this section.
By choosing four actual locations – Leiden, The Hague, Loevestein and Paris – the nine students succeed easily in freeing Grotius from a too narrow view of him as only a figure in Dutch history who became first a victim of religious strife and later on a figure head in the struggle for tolerance. These backgrounds do matter indeed. No doubt some Dutch people will be surprised to find the article on Grotius in the online Stanford Encyclopedia of Philosophy and its rich bibliography. He is regarded as the very founder of natural law. Thus there is an entry for Grotius, too, in the database Natural Law 1625-1850, one of the fruits of a research project of the universities at Halle, Erfurt and Bayreuth. By showing not just works by Grotius, and not only his legal works, but also his poems and a treatise on religion, the students show him as a major intellectual in European history. You might with me deplore the lack of further links or an essential bibliography, but there is surely a place for the approach chosen for this virtual exhibit.
As for creating a Grotius Year the museum Loevestein can readily be pardoned for seeking a way to attract visitors after the corona lockdowns in the Netherlands. The website for the public events around the Grotius commemoration does mention his importance as a lawyer, diplomat and theologian. Themes as the freedom of thought and religious tolerance are vitally relevant in our contemporary world. Showing things have been very different in the past shakes (young) people free from thinking the present has always been there as a a most natural thing.
In earlier posts about Grotius, in particular the one about a rare early edition of De iure beli ac pacis, I provided information about his main legal works concerning the first printed editions, modern editions, translations and digital versions. I would like to point again to the presence of text versions and seventeenth-century or modern translations into Dutch for a number of his works at the portal of the Digitale Bibliotheek voor de Nederlandse Letteren (DBNL). In the DBNL you can find also digital versions of numerous older publications about Grotius, and the entry for his historical works by E.O.G. Haitsma Mulier and G. van der Lem in their work on Early Modern Dutch historiography, Repertorium van geschiedschrijvers in Nederland 1500-1800 (The Hague 1990).
The riches of the Peace Palace Library
The Peace Palace Library (PPL) in The Hague is the natural starting point for any research on Hugo Grotius. Lately this library has put its digital collections on a new separate platform, but for some silly reason the actual URL is not easily found at the website of the PPL, as are alas some other web addresses. A few years ago I wrote here about the Scheldt River collection which now can be found, too, at this new platform. It seems the PPL provides for each collection on this platform a special page with the correct link. However, there is no page or news item for the new platform itself, or maybe it has only to be added to the top bar menu. A platform with eight interesting collections in open access merits a place in the spotlights.
The PPL contributes two collections in open access to LLMC Digital, but no direct links are give on the PPL’s special page for its collections at LLMC Digital. It is only fair to say that finding these collections at the LLMC portal is a feat in itself. So far my attempts to locate them simply failed. Both LLMC Digital and the website of the PPL lack a general search function and a sitemap. The collections at both websites deserve better accessibility. As for the licensed digital collections and also for the databases accessible through the PPL you might contemplate acquiring a library card of this library. For this choice, too, hving a clear overview of digitized materials and their access is most practical.
Grotius figures of course also on the website of the PPL, starting with the chat function called Ask Hugo! The web page on the Grotius Collection tells you about the general background and the famous bibliography by Ter Meulen and Diermanse [J. ter Meulen and P.P.J. Diermanse (eds.), Bibliographie des écrits imprimés de Hugo Grotius (The Hague 1950)] and a more recent catalogue of the PPL’s holdings of works by Grotius. Instead of the direct link to the licensed Grotius Collection Online: Printed Works of Brill only a link to the title in the PPL library catalogue is provided, yet another minor howler. In fact this digital collection contains also numerous works dealing with Old Dutch law, and I would even single it out as a very representative selection of legal books from the Dutch Republic brought most conveniently together. A research guide for Grotius would be a welcome addition to the thirty existing online guides on the website of the Peace Palace Library. A quick search for a nutshell guide to Grotius brought me only to a very concise guide created by the Alexander Campbell King Law Library at the University of Georgia. It is sensible to look at the Grotius pages of Wikipedia in several languages.
Gaining a wider view
I would like to end this post constructively, and not with criticism on defects. Grotius belongs to the group of thinkers students and scholars cannot approach completely straightforward. Often there is abundant scholarly activity, there might be opposing schools and roads of interpretation and across linguistic borders studies can take refreshing turns closed to those staying content with Anglo-American scholarship. Luckily regularly guides are published in the form of essay volumes by an international team of distinguished scholars to bridge such gaps and bring together different views and themes surrounding a major thinker. In September 2021 the Cambridge Companion to Hugo Grotius appeared in print and online, edited by Randall Lesaffer and Janne Nijman. Interestingly this seems to be the first companion volume to Grotius. There is not yet A Very Short Introduction on Grotius from Oxford, presumably exactly because his versatility can hardly be sufficiently shown in a slim volume by a single author. Hopefully different views on Grotius find space in the scholarly journal Grotiana with apart for the printed version some articles published online in open access.
This year’s International Open Access Week will take place from October 25 to 31, 2021. The existence of a number of vital online resources for doing research on Grotius only accessible as licensed resources, most often through the services of libraries, diminishes the chances for those outside the circle of blessed beneficiaries to learn more about Grotius or about other major intellectuals whose thought changed the world forever. Institutions not caring or simply forgetting to provide even links to their own digital collections, be they in open or licensed access, should reflect on their duties and capacities to help both scholars and the general public. Of course in some cases it is a matter of discommunication or worse between for example a library staff, a project leader and the communication officers.
It might seem seducing to bring your collections under the flag of a prestigious publishing company, but if this means closing access to your priceless possessions for most of the world the ultimate blame should be in my view on their original holder. In my view individual scholars, scholarly communities, publishers and research institutions, including university presses, all have their own ongoing responsibility to discuss matters concerning access scholarly publications. In actual life both institutions with digitized resources and publishers increasingly offer digitized materials both in licensed and in open access, depending on their policies. Hopefully solutions can be found to create and assure wider access whenever possible and feasible for us and future generations interested in the versatile mind of Grotius and the impact of his works through the centuries. Sailing oceans with free, affordable and sustainable access to research resources would be most helpful to achieve this aim.
Surely one of the most visible aspects of this conference is the partnership for this conference between scholars and two libraries crossing national borders. The Ius Illuminatum team at the Universidade Nova de Lisboa is known for the research by Maria Alessandra Bilotta on medieval illuminated legal manuscripts created in Southern France, in particular in Toulouse. The library in Vercelli is famous for the Vercelli Mappamundi, the Vercelli Book with texts in Anglo-Saxon, and two manuscripts containing the Leges Langobardorum. The library in Verona is renown for its holdings with a number of medieval manuscripts and in particular palimpsests as unique witnesses to texts form classical Antiquity, foremost among them the Institutes of Gaius. Both libraries have also a museum. A live virtual tour of the library in Vercelli focusing on two manuscripts was a nice addition to the conference.
Let’s briefly look at the themes of the sessions. Manuscripts held in Salamanca, manuscripts from France kept in the Biblioteca Nacional de España, legal manuscripts in Salamanca and Naples were the subject of the first session centered around libraries. In the second section a number of individual case studies were grouped together. The third section focused on legal iconography. The cataloguing of (illuminated) legal manuscripts was the theme in the fourth session. The fifth session with just one contribution looked at vulgarisation of law. Medieval city statutes were presented in the sixth session. Two special sessions were devoted respectively to the materiality of illuminated legal manuscripts and to the connection of heraldry to medieval law and illuminated manuscripts. In my view bringing together these themes is already most useful to raise awareness about their interconnections and limitations.
A number of keynote lectures could theoretically be placed within a particular session, but it was perhaps right to set them apart. The lecture by Susanne Wittekind (Universität Köln) stands out for its dense information and insightful comparison of the manuscript illumination in the Codex Albedensis, a tenth-century manuscript at the Escorial with at first sight just a miscellaneous collection of texts, and the Tercer Llibre Verd, a manuscript with statutes of Barcelona, also discussed by Rose Alcoy (Universitat de Barcelona). The miscellany is in fact a well-structured manuscript showing graphically a legal and graphic order of legal and religious texts. Making comparisons and structuring your presentation were elements definitely missing in some presentations without the use of slides, as was being aware of the limited number of themes you can address within thirty minutes, and awareness of the need for structure and clear questions.
The importance of repertories and catalogues
One of the limitations for studying medieval legal illuminated manuscripts is the state of catalogues and repertories for this genre. It was therefore most welcome to hear a lecture by Gero Dolezalek (University of Aberdeen) on the current state of affairs of the Manuscripta Juridica database in Frankfurt am Main. Only a few canon law manuscripts have yet been entered in this database originally devised for manuscripts with Roman legal texts and commentaries up to 1600. Sadly it seems little progress has been made in the past few years. Illumination has not been consequently recorded. At Turin Maria Alessandra Panzanelli Fratoni is working at two interrelated projects, a new portal called IVS Commune Online, to be launched in October 2021, with an integration of data on manuscripts and early printed editions from existing online resources, and a new section of the Italian manuscript portal MANUS, called MANUSIuridica. The main strengths of these two promising projects are the thorough conceptual preparation. It is not yet clear when MANUSIuridica will become accessible. In this section Andrea Padovani (Bologna) talked about the new phase and face of the project Irnerio with digitized legal manuscripts at the Colegio di Spagna in Bologna – presented here many years ago – and Silvio Pucci (independent scholar) about the online version of the catalogue for the juridical manuscripts at the Biblioteca Comunale degli Intronati in Siena.
It is important to remember the study of medieval canon law still faces the lack of a full manuscript repertory, a paradoxical fact after the appearance of the model given by Stephan Kuttner in his Repertorium der Kanonistik 1140-1234, I, Prodromus glossarum (Città del Vaticano, 1937). Was his level simply too high to follow for others, or did it simply led to a strong and not completely justifiable focus on the classic period of medieval canon law? Luckily we have for the early Middle Ages the excellent guide by Lotte Kéry, Canonical collections of the Early Middle Ages, ca. 400-1140: A biographical guide to the manuscripts and literature (Washington, DC, 1999).
Legal iconography and heraldry
In the section for the more classic legal iconography papers were read about the illustration of the two powers at the beginning of manuscripts with the Decretum Gratiani (Gianluca del Monaco, Bologna), accompanying the very incipit Humanum genus, the iconography of last wills in some manuscripts of the Institutiones Iustiniani and the Digest (Viviane Persi, Lille), the representation of public justice in the Vidal Mayor (Rogerio Ribeiro Tostes, Evora), and the development of legal iconography in medieval Scandinavia (Stefan Drechsler, Bergen).
The very last section dealt with a subject often associated with medieval law, heraldry and the use of distinctive signs by knights and noble families, but interestingly medieval law did not set clear norms for unique claims on the use of a particular blason or sign. In 2012 I looked here at this very theme. Bartolus de Sassoferrato (1313-1357) did certainly influence later lawyers with his most often copied treatise De insignis et armis, but in particular Martin Sunnqvist (Lunds Universitet) made it refreshingly clear that this treatise does not help us to understand the rise of heraldry from the twelfth century onwards. The lecture of João Portugal (Instituto Português de Heráldica) on Early Modern heraldic rights in Portugal showed essentially how showing a relation with the king was as important as having a official blason at all. Matteo Ferrari (Universit;e de Namur) took us to a painting at the Palazzo di Comune in San Gimignano with a deliberate use of heraldic arms above the text of an important ruling around 1300.
Finally Laurent Macé (Université de Toulouse) looked at the use of earlier blasons from the former county and the counts of Toulouse in a manuscript with the Coutumes de Toulouse from the late thirteenth century (Paris, BnF, ms.latin 9187). Macé argued these blasons and other signs helped showing continuity to readers in a new period under the French crown.
The forest and the trees
Even with only a partial review of lectures and keynotes the variety of this online conference with an attendance between twenty and forty scholars cannot be doubted. For those thinking the choice of subjects is too wide or simply unfocused the contribution of Carlo Federici (Scuola di Biblioteconomia, Biblioteca Apostolica Vaticana) on the archaeology of the book served as a necessary reminder how leading palaeographers and codicologists in the second half of the twentieth century advocated an integral approach of medieval manuscripts, archival records and book production, away from a choice for studying only either texts, scripts, bindings or scriptoria.
The materiality of manuscripts matters indeed. Thus in my view Including a lecture on legal fragments kept at the Archivio di Stato di Arezzo by Maura Mordini (Università di Siena) is not a bow to what someone in 2021 jokingly called the minor industry of studying fragments. Far more often than we are willing to acknowledge we forget you deal with traces and fragments per se when studying history. So many things are irrecoverably lost forever or only seldom in front of us. Not every tiny bit is important, but there are bits and pieces pointing to larger contexts. As for projects with fragments, I try to list relevant projects, catalogues and exhibit catalogues concerning medieval fragments as part of my Glossae blog on pre-accursian glosses.
As for the materiality of an online scholarly event, I would not recommend following the example of organizing a full program of sessions from nine to seven with only brief breaks. The quality of the internet connection forced the permanent closure of the video screens of non-speaking participants, a fact which greatly reduces the interaction. There was no virtual lobby, too. In this respect my view is surely influenced by the example of the online event at Frankfurt am Main on digital legal history in March reviewed here. Ensuring sufficient band width and creating a separate online social platform is perhaps a matter of calling upon the appropriate national institution dealing with such matters, yet another thing rightly taken into consideration by the German organizing team. The teams in LIsbon, Vercelli and Verona deserve respect for bringing together scholars from various disciplines and casting its nets wide. With this in mind you should view my remarks on things that could be better in a second similar conference which will no doubt follow soon. The rays of light on illustrations and illumination at this conference contain a promise of more to come.
In July 2021 no less than three historic sites in the Netherlands, actually three groups of sites and buildings, have been officially recognized as UNESCO World Heritage Sites. The Dutch part of the Lower German limes, the northern frontier of the Roman empire, the defense line of the Nieuwe Hollandse Waterlinie with water, sluices and fortifications around Holland from Amsterdam to Dordrecht, and the Koloniën van Weldadigheid, the “Colonies of Benevolence”, a number of settlements for poor people who could escape from slums and start to build a new life working hard in the northern province Drenthe. Both the limes and the Waterlinie have figured here already long ago. Last year I mentioned the Koloniën van Weldadigheid briefly in a post on Dutch digital archives. This nineteenth-century project deserves more attention here.
Not just fighting poverty
The Koloniën van Weldadigheid, the Colonies of Benevolence, should attract attention with their very name. The use of the word benevolence surely rings a bell and points to some larger governmental objective or aim. The word colony should serve as a remainder these settlements were developed during a colonial period in Dutch history. After the French Revolution it was a near miracle space should have been given to a new Dutch state. The old Dutch Republic had given away for a revolutionary republic, but soon afterwards its territory became just a number of departments in the Napoleonic empire. Mainly thanks to a few politicians, among them Gijsbert Karel van Hogendorp, a new Dutch kingdom including both present-day Belgium and the Netherlands could come into existence in 1814 and gain European recognition at the Congress of Vienna.
The Colonies of Benevolence were created under the strict supervision of general Johannes van den Bosch (1780-1844). Van den Bosch served between 1798 and 1808 with the Dutch army in the Dutch East Indies. On his way back to Europe he was taken prisoner by the British. Only in 1813 he returned to the new Dutch kingdom. In 1818 he started with his plan to start opening the wildernesses of the province Drenthe for agriculture. Adding settlements for poor people was a secondary development. In 1823 he became a government official. After a year in the Dutch West Indies he became the governor-general of the East Indies (1828-1834), and from 1834 to 1839 he served as a minister of the colonies. In the East Indies he introduced the cultuurstelsel, a system of forced labor on plantations bringing much profit to Dutch firms, investors and state finances. His life was indeed a matter of colonies and forms a part of Dutch colonial history. The recent biography by Angelie Sens, De kolonieman. Johannes van den Bosch (1780-1844), volksverheffer in naam van de Koning (Amsterdam 2019) aptly called him in its title a colony man.
A strange mixture
The Colonies of Benevolence included four locations in Drenthe (Veenhuizen, Wilhelminaoord, Frederiksoord, and Boschoord), two in Overijssel (Willemsoord and Ommerschans), and two in Belgium, Wortel and Merksplas. In 1818 Van den Bosch founded a private organisation, the Maatschappij van Weldadigheid, for his agricultural plan. Already in 1819 a first pilot colony was formed at the Westerbeek estate in Frederiksoord. There is a separate website for the museum of this colony, the Proefkolonie. Veenhuizen (1823) and Merksplas (1822) were founded as penal colonies. Since 2018 Veenhuizen is home to the Nationaal Gevangenismuseum, and Merksplas, too, has become a prison museum. Van den Bosch’s society founded also two agricultural schools.
The history of these places is certainly colorful, and thus it is interesting to look at the motivation for entering them into the World Heritage Register. On July 27, 2021 the Dutch UNESCO branch published a web page about the registration of the colonies. Kathleen Ferrier, member of the Dutch committee and a politician, stressed the uniqueness of the initiative to help people breaking with poverty and building a new existence for themselves, even if the colonies did not succeed immediately in abandoning poverty. She views it as an experiment in social history. The registration of the World Heritage Centre rightly uses more sober and meaningful wordings. Urban poor were relocated to a far away region. The original colonies failed to get sufficient income, and thus the scheme was developed to bring in beggars and to found two special penal colonies. There were guards to supervise the doings of people. At its highest point some 11,000 people lived in the Dutch colonies, and some 6,000 people in the two Belgian settlements. Very revealing is the original geometrical pattern of the colonies. The word panoptical serves as a reminder of Jeremy Bentham’s proposals for prison reform.
The international UNESCO website does not mention the existence of archival records digitized by the Drents Archief. Last year I wrote briefly about Alle Kolonisten (All Colonists, the nifty subset of the project Alle Drenten. These digitized records can even be searched with an English search interface. Archives are mentioned in the English nomination dossier (2020; PDF, 21 MB) where you can find also a rich bibliography, but without any reference to the exact archival inventories at the Drents Archief. Luckily the website Alle Kolonisten figures at page 164, and at the website the inventories are duly listed, as are records elsewhere not included among the digitized records. The dossier makes space for Bentham (pp. 78-81), and also for foreign initiatives inspired by the Dutch colonies, and not just for the French project at Mettray with among its directors Alexis de Tocqueville, but also for instance the Innere Mission in Hamburg (pp. 165-170).
Walking though the Colonies of Benevolence
This post is my first contribution after a silence of three months. I will not bother you with a full explanation, I have been simply busy doing other things, in particular describing archival records. One of the much missed recurring features at my blog is the walking historian. As a small solace I will look here with you at two students who made a walking tour of the Netherlands in 1823. Dirk van Hogendorp (1797-1845), a law student who was the son of the renown politician Gijsbert Karel van Hogendorp, and Jacob van Lennep (1802-1868), the brilliant son of a professor of classics and history at the Amsterdam Athenaeum, wrote respectively a concise diary and letters, and an extensive diary. In 2000 appeared an edition in modernized Dutch of these travel accounts, De zomer van 1823. Lopen met Van Lennep. Dagboek van zijn voetreis door Nederland, edited by Geert Mak and Marita Mathijsen (Zwolle 2000; revised edition, 2017). In 2000 Geert Mak also presented a television series of his attempt at walking in the traces of Van Lennep and Van Hogendorp. You can still watch online the two episodes on the colonies (no. 5, “Charity and discomfort”, and no 6, “Who does not work will not eat”).
People were generally quite aware of the high rank of both young men making in 1823 a kind of inspection tour of their country, no doubt reporting about their meetings and views to authorities and influential people. Actually the two men walked only in the northern half of the Netherlands. On July 5 they visited Frederiksoord, and on July 15 they saw Ommerschans. As graphic as their reports of the meetings at both colonies is their description of the backward province Drenthe with in many parts scarcely any normal road. Before getting the status of a province Drenthe had been often called just a landschap (landscape) … The digitized versions of Van Hogendorp’s and Van Lennep’s diaries can now be found at the resources subdomain of the Huygens Institute, Amsterdam.
In this post I tried to kindle your interest in a transnational project for social reform with a clear legal component, the foundation of penal colonies at a safe distance of urban society.The remaining buildings in the Netherlands and Belgium form indeed cultural heritage with many dimensions. The archival heritage needed to be highlighted here. The two Leiden students looking at the colonies in 1823 were definitely among the Dutch urban upper class, and it is their very bias, too, which makes their views interesting for historians. In the aftermath of the Napoleonic period the new Dutch kingdom had a hard time awakening from it and assessing its position. What could serve the new state best? King Willem I acted as an autocrat with patriarchal characteristics, and Van den Bosch’s plans suited him. The general’s plan showed a military grip on people and things. The royal benevolence served first of all the king, and much less the nation, apart from his canal building scheme.
What became of the two walking students? Van Hogendorp became a lawyer serving as a substitute attorney-general and as a judge at two courts. Van Lennep became a prolific writer and a society figure, taking up causes and getting involved in a cause célèbre, the publication of the pamphlet-like novel by Eduard Douwes Dekker about the exploitation of the Javanese by the Dutch government, and at the same time depriving its author of his copyright. The history of the Colonies of Benevolence shows a state doing an attempt at social engineering, and at the same time colonizing its own rural interior. This history helps you to look sharper for the impact of having a colonial empire, and it is great to detect numerous wider connections and intersections in it.