Tag Archives: Legal iconography

Maurits and Oldenbarnevelt, a prince and a statesman

Paintings of Maurits and Oldenbarnevelt at the exhibition of museum Flehite

Paintings of Oldenbarnevelt (left) and Maurits (right)

Any country has some dates in its history on which politics and violence come together. Political murders are a rare phenomenon in Dutch history. Willem van Oranje, leader of the Dutch Revolt in the sixteebnth century, was assasinated in Delft on July 10, 1584. The brothers Johan and Cornelis de Witt were lynched by a mob in The Hague on August 20, 1672 which held them responsible for the French occupation of the Dutch Republic. In recent years my country has witnessed the assasinations of politician Pim Fortuyn (May 6, 2002) and movie director Theo van Gogh (November 2, 2004). Last week solicitor Derk Wierum was shot brutally in front of his home in Amsterdam. Alas it was not the first time in this century a Dutch lawyer was shot, but the death of a solicitor defending a crown witness is an assault on the rule of law and justice.

In the list of Dutch historical figures who became a victim of violence you will find also a lawyer and statesman sentenced to death after a political trial. Johan van Oldenbarnevelt (1547-1619) clashed with prince Maurits, the son of William of Orange. I hesitated to deal here with yet another commemoration based on rounded years, but at last I visited an exhibition in his home town Amersfoort. I looked at some historical spots and archival records, and I will briefly mention some recent publications about Oldenbarnevelt.

A matter of choices

In the lovely old inner city of  Amersfoort near Utrecht Museum Flehite has organized the exhibition Johan en Maurits. Van vriend tot vijand [John and Maurits, from friends to enemies]. The exhibition opened on May 13, 2019, exactly four hundred years after the execution of Oldenbarnevelt on the inner court of the Binnenhof in The Hague, the premises of the Staten-Generaal, the governing body of the Dutch Republic. A life of service to the state he helped creating and unifying ended on the scaffold in a country sharply divided between his followers and those agreeing with prince Maurits Oldenbarnevelt had become a public enemy.

Photo of the Bollenburg house, Amersfoort

Van Oldenbarnevelt stemmed from a fairly average family in Amersfoort. His father was a merchant who acted also as a sequester, an official who took goods into his charge pending judicial proceedings. It is not known where Johan was born, but the house Bollenburg (Muurhuizen 19) where he lived for some time in later years still exists. The Muurhuizen, literally “wall houses” is nowadays a very picturesque street around the inner city with many beautifully restored medieval and Early Modern houses.

The information about his youth comes mainly form a single source, his own statement from 1619 about his life. The full biography on Oldenbarnevelt by J. den Tex [Oldenbarnevelt (5 vol., Haarlem-Groningen 1960-1972) warns for wanting to flesh out such information. After going in 1564 to The Hague to work for a barrister he studied between 1566 and 1569 in Louvain, Bourges, Cologne, Heidelberg and Padua. At Louvain his name was entered wrongly in the student register…  In 1570 he became a barrister at the Hof van Holland. Two years later he went to Delft to work for the hoogheemraadschap (water control board) of Delfland. In 1576 he became the city pensionary of Rotterdam. Soon he was chosen also on committees of the States of Holland. After the death of William of Orange in 1584 he supported a transfer of power to his son Maurits. His activity, qualities and insights were duly noticed, for in 1586 he reached the two posts he would hold until his death, landsadvocaat (state solicitor) and raadpensionaris (grand pensionary) of Holland.

Much has been made of the personal differences between Maurits and Oldenbarnevelt. Up to the year 1600 they seemed to make a perfect match, Maurits as a prudent and most gifted tactical military leader, Oldenbarnevelt as the man of grand strategies. Thanks to their combined leadership the Dutch Republic grew from a very low point in the mid-eighties to an emerging European power. A campaign to deal with the pirates of Dunkirk led to a hard fought victory in 1600 on the beach of Nieuwpoort where Maurits won the day with some luck. The incident annoyed him a lot, because he had urged Oldenbarnevelt not to start this adventure.

In 1609 a truce for twelve years with Spain was reached. Oldenbarnevelt had personally supported François van Aerssen (1572-1641), the Dutch ambassador in France, until 1613 when he did not continue him in his function, Van Aerssen felt disappointed and soon became the personal advisor of Maurits. A prolonged debate about theological matters in the Dutch Republic, in particular about predestination, developed into a full political conflict about the relation between church and state. Maurits decided in 1617 to join sides in public by going to the church of Oldenbarnevelt’s opponents in the Kloosterkerk, next to Oldenbarnevelt’s home in The Hague. The way a national synod should convene at Dordrecht and settle these matters was another matter of disagreement. In several cities riots broke out. In August 1617 Oldenbarnevelt forced the States of Holland in issuing an ordinance permitting individual cities to raise mercenaries to protect citizens. Citizens were not allowed to appeal to the Court of Holland, and soldiers had to obey only the orders of the States of Holland, not those of their commander Maurits. The very balance of power in the Dutch Republic between the individual provinces, the States General and the stadhouder was at stake, and also the adherence to the principles of government laid down in the Union of Utrecht (1579). Oldenbarnevelt favored a situation where towns and provinces could decide themselves on the admission of religious movements, and more specifically he wanted space and tolerance for those who did not join the Reformed protestant majority.

Maurits’ role in the events from 1617 until 1620 is nowadays much clearer than for Den Tex. J.G. Smit could edit 120 letters by Maurits held since 1862 at the Koninklijk Huisarchief [Royal Archive] in The Hague [‘Prins Maurits en de goede zaak : Brieven van Maurits uit de jaren 1617-1619’, in: Nederlandse historische bronnen I, A.C.F. Koch, J.G. Smit and A. Kersten (eds.) (The Hague 1979) 43-173; online, Digitale Bibliotheek der Nederlandse Letteren]. These letters show clearly how Maurits worked slowly but steadily against Oldenbarnevelt after the resolution of August 1617. A year later, after more riots, forced changes in city government and above all the dismissal of the waardgelders in several towns Maurits had Oldenbarnevelt and his chief supporters, one of them Hugo Grotius, arrested on August 29, 1618. Maurits was in contact with some of the men who were later on chosen to judge Oldenbarnevelt.

It is wise to refer here also to the analysis by Jonathan Israel in is major study The Dutch Republic. Its rise, greatness, and fall 1477-1806 (Oxford 1995) of what happened in this year. Finding a legal reason for arresting Oldenbarnevelt might not have been particularly difficult, but on whose authority the arrest had to be done was certainly unclear, as was the choice of a tribunal and the judges. In the end they were chosen from both Holland and the other Dutch provinces. The trial dragged on for months. In the end the verdicts surprised many people. Grotius and Hogerbeets were sentenced to life imprisonment, but Oldenbarnevelt was sentenced to death, with the execution already following the next day, May 13, 1619. Maurits had ignored pleas for leniency towards Oldenbarnevelt. He did not attend the execution and an eyewitness report troubled his mind severely.

Some telling objects

One of the early editions of the verdict on Oldenbarnevelt

An early contemporary edition of the verdict on Oldenbarnevelt, 1619

The exhibition in Amersfoort is rather small, but the role of pamphlets and broadsides is made quite clear. The verdict on Oldenbarnevelt was quickly printed and published in several languages. Some of the items on display are most telling. The walking stick of Oldenbarnevelt is perhaps the most famous item associated with any Dutch historical figure. A poem by Joost van den Vondel immortalized both its owner and the stick. Another item is rather grim. The Staatliche Kunstsammlungen in Dresden recently acquired a sword which belonged to the German executioner Hans Pruym who worked for the city of Utrecht, the very man who decapitated Oldenbarnevelt. The Rijksmuseum in Amsterdam has another sword said to have been used for the execution of Oldenbarnevelt (object no. NG-NM-4245), inscribed with a poem, but there is no provenance record of it before 1745. The story of Oldenbarnevelt’s captivity has long been known partially from a deposition by his servant Jan Francken, edited by Robert Fruin, ‘Verhaal der gevangenschap van Oldenbarnevelt, beschreven door zijn knecht Jan Francken’, Kroniek van het Historisch Genootschap, 6th series, part 5 (1874) 734-785 (online, Hathi Trust Digital Library). This year the original diary long held in private possession finally became visible to the public. It has been shown at the Museum De Gevangenpoort, a prison museum just outside the Binnenhof in The Hague, and is now on display at Museum Flehite.

Engreaving of the executionm, 1619

‘Justice done to Jan van Oldenbarnevelt’, engraving of the execution of Oldenbarnevelt by Claes Jansz. Visscher, 1619 – source: Het Geheugen van Nederland, https://www.geheugenvannederland.nl/

This engraving has become famous for many reasons. Andrew Pettegree and Arthur der Weduwen discussed it in their study The bookshop of the world, reviewed here earlier this year, as the very work which laid the foundation for the success of Broer Jansz., a publisher in Amsterdam who succeeded in very quickly publishing this powerful picture. At Museum Flehite it is literally used as a background picture on a wall. These years saw a flood of pamphlets about and more often against Oldenbarnevelt. Fake news was created, too, to undermine his position. A number of these pamphlets has been put on display at Museum Flehite. The death of Oldenbarnevelt was not the end of the political strife. A few years later two of his sons prepared a coup, but they were quickly unmasked and severely punished. This did not help to put Oldenbarnevelt and his party in favorable light. The conflict helped to create a fundamental division in the Dutch Republic between those supporting the Oranje family and those supporting the cities and their governing class.

A quick look at recent publications about Oldenbarnevelt leaves me with sometimes mixed feelings. Jan Niessen, Johan van Oldenbarnevelt 1547-1619, vormgever van de Republiek (Utrecht 2019) is rather short. The translation of Jan Francken’s diary by Thomas Rosenboom does some service in retelling his story in modern Dutch [Het einde van Johan Oldenbarnevelt, beschreven dor zijn knecht Jan Francken (3rd ed., Amsterdam 2019)], but a new edition of the text from the original diary which surfaced this year is necessary. The book of Ben Knapen, De man en zijn staat. Johan van Oldenbarnevelt 1547-1619 (7th ed., Amsterdam 2019) offers a political study of Oldenbarnevelt by a historian and politician. Broeders in oorlog, vijanden in vrede. Johan van Oldenbarnevelt en Maurits van Nassau, redders van de Nederlandse Republiek by Mike Hermsen (Zutphen 2019) focuses on the two statesmen and their contribution to the Dutch state, with a fine choice of illustrations. Wilfried Uitterhove’s De zaak Oldenbarnevelt : val, proces en executie (Nijmegen 2019) focuses not only on the final years, but also in particular on the documents concerning the trial. Ronald Prud’homme van Reine, Onthoofdingen in de Hofstad. De val van de Oldenbarnevelts (Amsterdam 2019) looks also at the plot of the two sons. Bollenburg, het huis van Oldenbarnevelt by Jojanneke Clarijs (Bussum 2017) appeared a few years earlier to commemorate the recent restoration of this house.

Account of the costs for the trials, 1621

Account for the costs of the trials in 1618-1619 – Utrecht, Het Utrechts Archief, Huis Hardenbroek, inv.no. 4507

The main historiographical gap is still the lack of a full biography of prince Maurits on the scale of Den Tex’ work for Oldenbarnevelt. The study by J.G. Kikkert, Maurits van Nassau (Bussum 1985; 3rd ed., Soesterberg 2016) is very much in favor of Maurits. Arie van Deursen, Maurits van Nassau, 1567-1625. De winnaar die faalde (Amsterdam 2000) did not quite live up to high expectations. Some of the documents about Oldenbarnevelt’s life and the trial were edited already long ago, for example the questionings at the trial, Verhooren van Johan van Oldenbarnevelt (Utrecht 1850; online, Hathi Trust) and the Gedenkstukken van Johan van Oldenbarnevelt en zijn tijd, M.L.van Deventer (ed.) (3 vol., The Hague 1860-1865; online, Hathi Trust). The document on the left, an account of the costs for the trials against Oldenbarnevelt, Grotius, Rombout Hogerbeets and Gilles van Ledenberg, was edited by J.J. de Geer van Oudegein, ‘Onkosten der judicature van Van Oldenbarnevelt’, Kronijk van het Historisch Genootschap 17 (1861) 336-340 [online, Hathi Trust]. This account is now – together with yet another copy of it – one of the special items in the archival collection of castle Hardenbroek for which I am busy finishing a new and very extensive finding aid at Het Utrechts Archief.

Another element that for many years hampered scholars to do research on Oldenbarnevelt was exactly the fact his archive held at the Dutch National Archives was only fully described as late as in 1984 by H.J.Ph.G. Kaajan, Inventaris van het archief van Johan van Oldenbarnevelt, 1586-1619 (finding aid no. 3.01.14 (PDF), followed in 1987 by a finding aid for the Oldenbarnevelt family archive [H.J.Ph.G. Kaajan, Inventaris van het archief van de familie Van Oldenbarnevelt, (1449) 1510-1705) (finding aid no. 3.20.41 (PDF)]. Kaajan drily notes in his introduction Oldenbarnevelt’s handwriting was terrible. The modern edition of his state papers and family papers by S.P. Haak and A.J. Veenendaal, Johan van Oldenbarnevelt. Bescheiden betreffende zijn staatkundig beleid en zijn familie 1570-1620 (3 vol., The Hague 1934-1967) can be consulted online, too.

Doing full justice to two historical figures can be seen as a metaphor, but in this case there are certainly spurs – both new objects and archival records – to delve again into the early history of the Dutch Republic which was shaped decisively by Maurits and Oldenbarnevelt. It is always a good sign when an exhibition makes you think again about its subjects and the objects put on display.

Amersfoort, Museum Flehite: Johan & Maurits: Van vriend tot vijand – May 13, 2019 until January 5, 2020

Early Modern celebrations and legal iconography

Header Early Modern Festival Books, University of Oxford

Sometimes history is almost literally on parade. Events can be an occasion for festivities, and even stronger, an event can be organized as a feast. The signing of peace treaties is celebrated, as are the ascension to the thrones of monarchs and popes, their entries to cities, marriages and funerals. Historians search for eyewitness accounts to find out what actually happened, but there is attention, too, for the image rulers and other authorities wanted to convey, in particular views of law and order, justice and policies. The generic term for books published for such occasions is festival books. Their often lavish illustrations make them into a most interesting resource in the field of legal iconography. The very term festival books has somewhat misled me to view them only as a source for the history of art and culture. In this post I will look at some resources to approach festival books, and of course some of them are discussed in some detail. A number of festival books are no longer than a pamphlet, a genre which significance for legal history comes increasingly into view on my blog.

Representations of power

Earlier this year I could take over a copy of a study by Ria van Bragt, De Blijde Inkomst van de hertogen van Brabant Johanna en Wenceslas (3 januari 1356) [The Joyeuse Entrée of Joanna and Wenceslas as dukes of Brabant] (Louvain 1956; Standen en Landen/Anciens Pays et Assemblées d’États, 13). This study deals with a charter granted to the States of the duchy of Brabant on the occasion of the Joyeuse Entrée, a document containing promises about the way the duke and duchess would rule. The charter became an example for later similar charters elsewhere, for example the 1375 Landbrief consented by Arnold van Horne, bishop of Utrecht. Such documents are primary sources for the political and institutional history of the medieval Low Countries, but the actual surroundings of both occasions remain largely hidden. In this contribution I will look at printed sources, but I am sure archival records exist for medieval entries and accompanying festivities, too.

Header Renaissance Festival Books, British Library

For years one the main online resources for Early Modern festival books was the digital collection Renaissance Festival Books of the British Library, created in cooperation with the University of Warwick. The British Library digitized 253 books from their holdings with more than two thousand festival books. The concise introduction to the collection focuses on the mixture of art history and political history offered by festival books, and the reference section points to a number of major studies and to two bibliographies. On the opening page of the collection you will find a list of subjects which can be associated with this genre. In the links section nine other collections are mentioned, and we will see a number of them in this post. You can also read a number of articles written by experts in the field of festival books.

The Early Modern Festival Books Database has been created in 2011 at Oxford as an updated and expanded version of Festivals and Ceremonies. A Bibliography of Works Relating to Court, Civic and Religious Festivals in Europe 1500-1800, edited by Helen Watanabe-O’Kelly and Anne Simon (London 2000), rekindled my interest in festival books. The original bibliography described books in the collections of the British Library, the Victoria and Albert Museum, the Bibliothèque de l’Arsenal – administrated by the Bibliothèque nationale de France (BnF) – and the Herzog August Bibliothek in Wolfenbüttel. In the database a fifth collection has been added with books held by the Bayerische Staatsbibliothek in Munich. The menu of the database provides five ways to search for these festival books, 3000 items in twelve languages. You can search directly for particular works, proceed from the artists or places involved, the kind of event or the kind of festival elements, and for participants. Thus it is possible to search for events with everything from cannonades, horse ballets and orations to jousts, tableaux or water processions. The participants are seen as persons involved as key figures with particular festivities. When digital versions of books exist their URL is indicated.

For me it is a fairly obvious matter to establish whether you can easily find all relevant digitized copies of a particular collection. However, the advanced search mode of the online bibliography with fourteen search fields does not contain a field for collection. The Victoria and Albert Museum has no longer information on its Piot Collection, neither does the website of the National Art Library housed in the V & A. The BnF offers a good introduction to the Collection Auiguste Rondel of the Bibliothèque de l’Arsenal. The Herzog August Bibliothek has a subdomain for Festkultur Online with 314 digitized books which can be searched thematically with Iconclass. At the website of the Bayerische Staatsbibliothek I could not find a page about its festival books

Logo Society for European Festivals ResearchIt is only natural to pursue this path for the other relevant collections mentioned at Renaissance Festival Books, a list repeated at the website of the Society for European Festivals Research of the University of Warwick. The Getty Institute in Malibu, CA, has a good introduction, and this institution has created a subset in its digital collections for 1,300 digitized festival books. The New York Public Library has a very brief page about the Spencer Collection without any indication of the festival books. The Staatliche Kunstsammlungen Dresden offer no information for our subject, but you can search for festival books in their digital collection. The 102 digitized festival books in the library of The Warburg Institute in London are at the current version of the website only hinted at under the header cultural history. However, they can be found as a preset selection in the digital collections of the Senate House Libraries of the University of London; entering “Warburg Institute digital copy Festivals” in the keyword field will do the trick.

The crowning of emporer Charles V in Bologna, 1530

The pope and the emperor in the 1530 processsion after the coronation

Pope Clement VII and Charles V in procession at Bologna, 1530, February 24 – Nicolaus Hogenberg, ca. 1535-1539 – The Getty Institute, Malibu, CA, (CMalG) no. 1366-954 (detail of print 27, resized)

By chance The Getty Institute shows at its page about festival books an image showing the procession in Bologna in 1530 around the coronation of Charles V as emperor of the Holy Roman Empire from a printed scroll by Nicolaus Hogenberg, published between around 1535-1539. Print 27 of this lavishly illustrated scroll shows the pope and the emperor, both wearing their crowns and riding on horseback under a beautiful canopy. If you think I indulge here in art history I would like to remind you of the study on the thought of medieval Italian lawyers about the crowning of emperors by Marco Cavina, Imperator triplici corona coronatur. Studi sull’incoronazione imperiale nella scienza giuridica italiana fra Tre e Cinquecento (Milan 1991). The emperor’s coronation in Bologna in 1530 was the last of its kind, and it was certainly not in all aspects similar to other coronations, if only already for its very location. Surely visual display was an important element of Charles’ coronation. The pope and the emperor had stayed for months in Bologna, but only after prolonged consultations it was finally decided to celebrate the coronation in this city.

Logo Heritage of the Printed Book database

While searching for more collections of festival books and if possible also digital versions I found an online bibliography created at the McGill University, Montreal, Theatrical space as a model for architecture. Here the focus is on temporary buildings and their relation with theatre. A focus on a single town and one singular princely court can be found at the website Mantova Capitale Europea dello Spettacolo with an Italian and English interface. The database of the Archivio Herla contains some 12,000 documents documenting theatrical spectacles during the long reign of the Gonzaga family (1480-1630), to be seen in connection with three other database at the portal Banche dati Gonzaga. It is seducing to pursue a quest for more websites and resources, but let’s least not forget the German project Welt und Wissen auf der Bühne. Theatrum-Literature der Frühen Neuzeit, the subject of an earlier post here. In the Early Modern world there was definitely an awareness of the theatrical side of life and printed publications about many subjects. For any research in the field of Early Modern printed books the Heritage of the Printed Book Database of the Consortium of European Research Libraries (CERL) can help you very much. It will help you for example in checking for the presence and absence of relevant works in the Oxford festival books database. Apart from the digital collections with festival books mentioned at the project websites under discussion I can at least add one specific digital collection created at the Beinecke Library of Yale University, Celebrating Italian Festivals, with 231 works.

Which texts and prints around the coronation of emperor Charles V in 1530 figure in Early Modern Festivals? The database mentions some twenty works, a number of them not dated. The Hogenberg scroll figures as no. 696, dated in 1532 with The Hague as printing location. The records points to a digital version of it in the British Library (signature 603.I.16), one of four copies in this library. This copy has not been colored, and like the copy at The Getty Institute it has no title page. For me it is interesting to notice also verses by the famous Neolatin poet Janus Secundus (1511-1536), a son of Nicolaus Everardi (around 1462-1532), president of the Hof van Holland (1516-1528) and the Grote Raad van Mechelen (Great Council of Malines) (1528-1532). I checked for this work also in the digital collection Renaissance Festival Books of the British Library, and a second copy in this library has been digitized, too (sign. 144.g.3 (1.)). The BL’s digital collection has 1529 as date of the coronation. Exceptionally the poem has been used as the identifying title, starting with the words Gratae et laboribus aequae posteritati. I was intrigued by the different versions of this remarkable print, and therefore it was only natural to check the catalogues of the other four libraries of the Oxford project. The Herzog August Bibliothek has a damaged copy (sign. 31.3.1 Geom. 2°). It is the only copy with this title in the HPB database. The Universal Short Title Catalogue (USTC) has two entries for the same edition. The first entry mentions the copies of the BL, the second entry has been created for a copy in Oxford, Bodleian Library, Douce Prints b.31, both dated in 1532. The COPAC entry rightly shows a question mark behind this date. Henricus Hondius can only be associated with later editions.

Canonists in the 1530 procession

“Unnumerable canonists and legists”, plate 66 – Nicolaas Hogenberg, 1530-1536 – Amsterdam, Rijksmuseum, object RP-P-OB-78.624-30 [Frederik Muller, Nederlandsche historieprenten, no. 377-d/29]

To cut a long story short, this print can also be found in the holdings of museums such as the Rijksmuseum in Amsterdam. Its catalogue contains references to the catalogues of historiated prints which document the various states and later use of the original plates. There are versions with and without blazons above the pageant. The lack of a title and the possibility to approach this work both as a book and as a print show nicely the difficulties you encounter when studying festival books. Book historians and art historians study them with their own approach and methods, and the way such prints are catalogued differs, too. Apart from the different versions you will have to be alert for individual copies and their aspects. In this case it should be no surprise that the Karlsruher Virtuelle Katalog can add only few copies, Berlin, Staatliche Museen, Kupferstichkabinett and Pesaro, Biblioteca Oliveriana. When you check the library catalog for Pesaro and Urbino you will see it is an edition from 1582.

The Early Modern Festival Books bibliography and online database should be seen as one tool among others. I think I showed here one of the most remarkable but perhaps not totally representative examples which however also show some of the problems you might encounter when dealing with festival books. The database helps you to compare many aspects of books concerning major events and festive occasions, but it is asking too much to view it as a catalogue of existing copies of a particular work, sometimes even for the participating libraries. As legal historians we might prefer to stick to sources concerning the legal side of events such as the double coronation of Charles V. Marco Cavina’s study is by all means most helpful to look at doctrinal matters concerning imperial coronations from the thirteenth century onwards. Exploring visual resources can remind us how very much alive people and surroundings of such events were. Such events made indeed a graphic impact.

Picturing the law

Poster "Law's Pictures Books"Legal iconography covers a wide choice of subjects. Illustrations in legal books form a class of its own. In the exhibition Law’s Picture Books at The Grolier Club in New York illustrated law books from the rich collection of Yale’s Lillian Goldman Law Library are put on display. In some previous posts here this collection has figured prominently, but this is the occasion to show more of its glories. The exhibition is accompanied by a number of online videos created by Mark Weiner and Mike Widener, curator of the Rare Book Room at Yale Law Library. You can consult online many images taken from legal books in this collection at Flickr. The blog of the Rare Book Room often present illustrated law books, too. Yale Law Library show a second related exhibition, Around the World with Law’s Picture Books, curated by Mike Widener and Emma Molina Widener, yet another reason to look here again at this great collection.

Mark Weiner, currently on leave from Rutgers University, is best known for his book The Rule of the Clan (2013) and his blog Worlds of Law. The Grolier Club of New York, was founded in 1884. It is one of America’s oldest and most active organizations for book collecting and bibliography, with an extensive library and collections concerning these fields.

Windows on the variety of law

Cover of the exhibition catalogue "Law's Picure Books"

For the exhibition in New York a full catalogue is available. On the blog of the Rare Book Room Mike Widener tells about the themes chosen for the exhibition. Weiner and Widener have grouped 140 books around ten themes. In the next paragraph you will see which choice I have made among them to give you an idea of both the book and the exhibition. By the way, the image of Lady Justice on the cover of the new catalogue is a reminder of the Justice as a Sign of the Law exhibit at Yale Law Library in 2011 around Judith Resnik’s and Dennis Curtis’ monograph Representing Justice. You can read online sections of their book and view an online version of this earlier exhibit. The new catalogue has been produced very handsomely. It is a joy to read the introductory essays, not only written by Weiner and Widener, but also by Jolande E. Goldberg (Library of Congress) and Erin C. Blake (Folger Shakespeare Library). They succeed in putting the exhibition under multiple perspectives.

An illustration about windows

Image from “Cases on appeals concerning the duties on houses and windows (…) (London 1782) – Yale University, Lillian Goldman Law Library

I will not give here a spoiler of all themes, and restrict myself to just one theme, “Arguing the Law” (chapter 7), with images of evidence used in court and illustrations used to influence public opinion. Here literally the force of the proverbial telling image is shown, for an image shows more than thousand words can say. You can look for example at the victims found in a ship wreck. There are two pictures with windows for cases concerning a tax on windows. Another image shows an early telephone in a case about the patent of Alexander Bell for his invention. Yet another drawing shows a neighbourhood around a block of houses where two of them had been destroyed to prevent a fire to bring even more damage. For an early twentieth-century trade mark case the image of the disputed packing of biscuits is the very core of the case. There is a beautiful drawing of a bridge which allegedly hindered steamboats on the Ohio, and a chilling image of the way torture was afflicted.

In one of the five videos you can see the preparations for both current exhibitions, with for example a discussion about the choice of the images for particular themes and the order of appearance in the showcases. It is particular interesting also to see Mike Widener in action both at Yale Law Library (“Two Ways to Work“) and during a visit to the New York antiquarian book fair. In a way the two exhibitions crown his collection policy which led him to create not just a good collection of illustrated law books, but a real great one from which scholars and student will benefit long afterwards.

Dutch and Flemish legal history come into view for example with an image taken from a seventeenth-century edition of Joost de Damhoudere’s Practycke in criminele saken where two men are busy moving illicitly poles marking roads. In fact numerous editions of his work are shown in New York and in the catalogue. I promised not to tell here everything, but I must point you to an image of Lady Justice seated on the Corpus Iuris Civilis, the Corpus Iuris Canonici and the Bible in an eighteenth-century Dutch translation of a work on criminal law by the German lawyer Benedict Carpzov. Among the things to note is the author of the engraving, the Dutch actor and artist Jan Punt (1711-1779).

It is difficult to stop here and not to continue showing you illustrations which offer you food for thought. For many illustrations Widener and Weiner have not stayed content with just a description, but they ask questions as well, sometimes a bit rhetorical, but more often real questions. The exhibitions in New York and New Haven help us to become more aware of the impact of images, and to see legal iconography as a substantial element of legal studies and legal history. Some newspapers and magazines use a system with stars in their reviews of books, exhibitions and recordings. This exhibition needs no further laurels!

Law’s Picture Books: The Yale Law Library Collection – New York, Grolier Club, September 13-November 18, 2017 – Around the World with Law’s Picture Books – Yale University, Lillian Goldman Law Library, New Haven, CT, September 5-December 15, 2017

Preserving presidential lives and legacies

Logo Hoover Library, West Branch, IAHow can you put the inauguration of a new president of the United States in a sensible perspective on a blog dealing with legal history? Is it the historian’s duty to say something about the near future or should I refrain at all cost from making predictions? One element in determining the role of a president in history are the presidential libraries and museums created in memory of deceased presidents or even by living former presidents. Starting with the library commemorating Herbert Hoover there are now fourteen institutions which aim at preserving important papers and objects and presenting the deeds and legacies of presidents. In this post I will search for information concerning facts and materials in connection with legal history. Last week I spotted the section on presidential libraries and museums at the website of the American National Archives, but it seemed wise not to hurry into action immediately.

Banner National Archives

The website of the National Archives hosts the Federal Register which preserves also Public Papers of Presidents. For five presidents you can start here looking at online sets with presidential papers, from Ronald Reagan to Barack Obama. In 1957 the Office of the Federal Register started to publish series of publications of presidential papers in print. The National Archives guide you also to other institutions with presidential collections. Pride of place among them goes to the Library of Congress with 23 collections. A number of these collections has been digitized by its Manuscript Division. It is most useful to look at the guides to presidential papers provided by the National Archives. There is even a search interface to search with one action in all fourteen presidential libraries together. I urge you to look in particular to the history of the presidential libraries and the legislation enacted about them.

A short tour of presidential libraries

Interestingly there is even a second institution dealing with the papers of Herbert Hoover (1874-1964), the Hoover Institution at Stanford University, and it is only logical to start here with the Herbert Hoover Presidential Library and Museum in West Branch, Iowa. The sheer variety of materials presented on the website gives a fair indication of the possible width of a presidential library and museum. For brevity’s sake I will focus here on Hoover’s period as a president (1928-1933), but it is instructive to see materials, too, even before the period his work as Secretary of Commerce in 1921. Hoover became known nationwide and internationally thanks to his efforts since 1914 for the Commission for Relief in Belgium. The library has eleven collections documenting aspects of his work as a president. Hoover’s campaign for the presidency is documented, too, at West Branch. By the way, its location in Iowa is a reminder of the geographical division of the presidential libraries. You can locate them on a clickable map at the website of the National Archives.

Logo Hoover Institution

The Hoover Institution was founded at Stanford in 1919 by Hoover himself. By the way, he was among the first students of Stanford University when it opened in 1891. It holds collections for his life and work before 1921 and after the end of his presidency, and thus it figures here only briefly, however interesting its activities and collections are. In a way it embodies a part of Hoover’s vision and promotes it for this century.

It is not entirely surprising that Franklin Delano Roosevelt’s decision in 1938 to create space for a library documenting his presidency and to donate his presidential papers to the federal government forms the start of the modern presidential collections. The FDR Presidential Library and Museum is located in Hyde Park, NY. A fair part of the collections in this library has been digitized. Using the Franklin search engine you can look at your screen not only at documents created by Roosevelt himself, but also at materials concerning Eleanor Roosevelt and Henry Morgenthau Jr, and there are preset selections on a number of themes. The presence of many photographs in these digital collections reminds you of the impact of the representation of power, law and government. Think only of presidents signing a law… The museum of this institution, as any museum, creates a space set free to focus attention on a particular theme or on particular objects. In this case it fosters an image of an era. They often succeed more readily in evoking essential characteristics of a period than documents can do. However, viewing a particular record can bring you a sense of immediate contact with the past.

Banner Situation Room

Presidents of this century come into view with the George W. Bush Library and Museum in Dallas, TX. It is combined with the Bush Center. At this moment the Barack Obama Presidential Library is only a website preluding to its opening in Chicago within a few years. Certainly one of the most salient features of Bush’s library is the Situation Room. Not just for school children and researchers this space fires the imagination. We all have seen sometimes movies with scenes set in a presidential room during national and international crises, but the real one is not the kind of medium size conference room. The Secure Video Transmission Site has been recreated at the Ronald Reagan Presidential Library, Simi Valley, CA. The Bush Library offers you also a digital librarya guide to the events of 9/11 and a good overview of other relevant resources.

This list of the George W. Bush Library ends with other resources ends with a most vital piece of legislation for the theme of this post, the Freedom of Information Act (FOIA; 5 U.S.C. 552). Presidential libraries and museums are subject to a number of laws and regulations. Four of them deal with presidential transitions. The Office of Presidential Libraries administers the network of these libraries and takes also action to create presidential projects for presidents leaving office.

It is tempting to linger longer at the websites of one or more presidential libraries instead of trying to give here a more balanced view. I suppose that when you look a bit longer at their websites you will find materials which are more closely connected with legal history. My choice should give you an idea of the holdings of such institutions and their context. As is my common practice I have put in web links at many turns to lead you to online resources to help you in your research. Once upon a time the virtual world was indeed another world, but after 25 years the Internet is just one of the online media in our current world. The links are for your use, and you should not feel troubled to leave my blog and visit them!

Logo Library of Congress

As for any presidency it will be most interesting to follow the new president’s actions. His actions should be set within in the framework of the Constitution of the United States, checked by the legislative powers of the Congress and the power of the Supreme Court. The Library of Congress has created a fine overview of presidential inaugurations. Its Law Library should be your port of call to find information about both current American and foreign legislation. In the world’s largest library you can find an incredible mass of information about law and justice in other countries, too. The law librarians’ blog, In Custodia Legis [In the Custody of the Law] is one of the services alerting you to many aspects of their collections and ongoing work to retrieve information for anyone’s use. There is no doubt that in due time we will distinguish the legacy of any president from his other actions. However, it is a true concern where the promises made during the campaign will lead the United States of America and the world at large. As for predicting the future as a historian the old wisdom that politics will touch you sooner or later still holds true, as will visions of law and justice.

Law and art at Bruges

logo-blindfoldjustice_onlineThe close relations between law and art are a phenomenon which increasingly receives scholarly attention. In fact legal historians and other legal scholars in other disciplines have created a special field for studying the symbiotic appearance of law, legal iconography. Until February 5, 2017 the Groeningemuseum in Bruges presents the exhibition The Art of Law. Three Centuries of Justice Depicted. On january 16 to 18, 2017 a conference will take place at Bruges around this exhibit, with a slightly longer title, The Art of Law: Artistic Representations and Iconography of Law & Justice in Context from the Middle Ages to the First World War. Legal iconography is a subject I discuss here regularly, Among other reasons to promote this discipline is the chance to combine texts and images. On my website for legal history I have devoted a section to digital collections for legal iconography.

The imagery of justice and injustice

Gerard David, The Judgement of Cambyses, 1498 - Bruges, Groeningemuseum

At the heart of the museum and the exhibit is one of the most iconic paintings showing justice at work. If you try to look at it calm you will in the end shiver in front of the gruesome image at the right side of this double painting. Gerard David was commissioned by the city of Bruges to make this painting with The Judgement of Cambyses in 1498. Once it hung in the city hall, but since the nineteenth century it is among the highlights of the Groeningemuseum. The painter shows on his diptych at the left the Persian king Cambyses ordering the arrest of judge Sisamnes who was suspected to have accepted bribes. The story comes from Herodotus’ HIstories. The graphic depiction of the punishment delivered to this corrupt judge was meant as a warning to judges not to accept money for their judgment or to steer away from justice.

The power of this painting for the people of Bruges was apart from the powerful composition the use of contemporary settings for both scenes, with familiar buildings in the background and people wearing the clothes of their own time. The choice for a subject from Persian history taken from a Greek historian should make you think about the accessibility of Greek texts in fifteenth-century Europe either in the original or in complete or partial translations and adaptations. The painting of David played a role in Johan Huizinga’s view of late medieval society in his famous The Waning of the Middle Ages (1919), even though early editions were published without illustrations. Its first chapter had the title ‘s Levens felheid, “The fierceness of life”. Huizinga had seen an exhibition of early Dutch and Flemish paintings. The term “Flemish Primitives” might sound curious but is still sometimes used for the painters at the beginning of the great era of painting in the Low Countries. As for Huizinga’s view of the drastic character of late medieval justice, a recent article by Maarten Müller, ‘Het felle leven en het kalme gerecht : misdaad en straf in vijftiende-eeuws Haarlem’, Pro Memorie. Bijdragen tot de rechtsgeschiedenis 15 (2013) 5-31 – also availabe online – corrects his views to a large degree. Huizinga had edited sources concerning the legal history of Haarlem [Rechtsbronnen der stad Haarlem (The Hague 1911)]. It is rather strange that he did not hesitate to create a more colourful view of late medieval realities. By the way, in 2015 Pro Memorie devoted an issue to legal iconography.

cover-lesmotsdelajusticeThe conference from January 16 to 18 does not look only at medieval legal iconography. Only one day will be devoted to the Middle Ages. The second day centers around legal iconography in the Early Modern period, and on the third day scholars will look at the long nineteenth century. Many scholars from Belgium will speak at this conference, but otherwise scholars come to Bruges from all over the world. The range of subjects is impressive, and I have to stop myself from picking out my personal favorites and surprising themes! At the end of the conference the project IAP Justice and Populations will launch the new volume of studies Les mots de la Justice/Het verhaal van Justitie. The front cover shows the entrance hall of the Palais de Justice in Brussels, probably the most labyrinthine building ever built, showing both the power of law and justice in its huge dimensions, and alas almost as powerful also its intimidating power because of its impersonal dimensions. The header of the website of this Belgian project shows a nineteenth-century photograph of this immense building, looking very much as a kind of spaceship that has just landed on earth. The organizers of the conference succeed in overcoming the linguistic frontiers that often divide modern Belgium. Their happy cooperation should set an example for the future.

Logo Erfgoed BruggeAs for the lovely city of Bruges, you can balance the present look of the old city, for some tastes perhaps too idealized, with a look at home at the wonderful new portal Erfgoed Brugge [Heritage Bruges], only accessible in Dutch, with sixteen digital collections and catalogues  bringing you to documents in the archives, archeological findings, paintings and objects such as sculptures, tapestries and jewellery in the museums, the poetry and letters of Guido Gezelle, manuscripts, maps, newspapers, engravings, drawings and much more. Legal historians should note the recent addition of nearly one thousand printed poster-sized proclamations and ordinances from the First World War. You will have to register online with the Archiefbank Brugge to gain access to these aanplakbrieven, definitely a Flemish word. For those visiting Brugge the Groeningemuseum organizes also guided tours to the main locations of law and justice in medieval and modern Bruges.

The Art of Law. Three Centuries Depicted – Bruges, Groeningemuseum, October 28, 2016 – February 5, 2017

Mapping Australia, an encounter between art and maps

Start of the exhibition In my latest post the importance of maps for combining both classical and digital approaches for historical research got some attention. It is not a coincidence that I would like to follow this trail by looking at a number of examples, but I had not expected that an exhibition in Utrecht would become the focus point. The Dutch king opened on October 3, 2016 the exhibition Mapping Australia. Country to Cartography (AAMU, Aboriginal Art Museum Utrecht). Old maps and modern visions of maps created by Australian artists with aboriginal ancestors are presented here together. The exhibition is a part of the commemoration of 400 years Dutch discovery of Australia in the so-called Dirk Hartog Year, named after the Dutch schipper who in 1616 involuntarily sailed to the west coast of Australia. It offers a good opportunity to look at the digital presence of relevant maps showing Australia at the portal Old Maps Online and the recently redesigned portal Memory of The Netherlands. In 2010 I looked here briefly at this remarkable museum and its collection of law poles.

On the map

Late 17th century Dutch map of

Hollandia Nova – “Kaart van den Indischen Archipel, tusschen Sumatra en Nova Guinea (…)” – late 17th century – The Hague, Nationaal Archief, Kaartcollectie Buitenland Leupe, no. 344

The exhibition at Utrecht shows mainly but not exclusively Dutch maps of Australia. There are also more general maps of the southern hemisphere. The maps have been chosen from the holdings of Utrecht University Library and the Nationaal Archief, the Dutch National Archives in The Hague. Some 2,000 old maps held at Utrecht have been digitized and can be found online at Old Maps Online. The maps held at The Hague come from a special map collection created by the Ministry of Foreign Affairs (Kaartcollectie Buitenland Leupe). The map to the right is one of the items on display at the AAMU and happens to feature prominently in a thematic dossier about Australia at the website of the Nationaal Archief. Among the digitized items of the Nationaal Archief is Abel Tasman’s journal from 1642 (NA, Aanwinsten Eerste Afdeling, no. 121). Tasman, made also drawings of the coastal areas he saw.

The 1616 tin dish commemorating the landing of Dirck Hartogh - Amsterdam, Rijksmuseum, NG-NM-825

The 1616 tin dish commemorating the landing of Dirck Hartogh – Amsterdam, Rijksmuseum, NG-NM-825

Perhaps the most stunning historic object comes from the Rijksmuseum in Amsterdam. The very fact it is held in their holdings struck me forcefully. You could argue that the Dirck Hartogh tin dish is not just an object of Dutch maritime history, but also a telling object in Australian history. Dirck Hartogh ordered the carving of his arrival on October 25, 1616 with the Eendraght on the west coast of Australia at the island which still bears his name, Dirk Hartogh Island. Willem de Vlamingh found this dish eighty years after the landing, replaced it with a copy, and brought the original dish back to Amsterdam. Thus the oldest object from Europe that ever touched Australian soil returned to its point of depart in Europe.

Old Maps Online has gained its importance as a quick way to find historical maps precisely because it brings together maps from different angles, countries and perspectives. In the case of Australia it matters enormously to have rapid access to these old Dutch maps because they contain details not presented on other maps, and thus they have influenced cartographers elsewhere very much. Any reader of Simon Garfield’s On the Map. Why the World Looks the Way it Does (London 2012) will be aware how not only the actual shape and contents of a map are important, but also the visions mapmakers create. The combination of rich collections from several countries, each bringing both maps printed nearby and in foreign countries, makes Old Maps Online into the rich and invaluable resource it has become.

logo-memoryofthenetherlands

The digital portal Memory of the Netherlands contains now 132 collections from 84 institutions. You can search for these collections and institutions, or choose a preset theme. The theme Maps and atlases yields nearly 19,500 results. However, this filter has been programmed to include also topographical drawings. You can adjust the filters to include only maps which brings you to some 1,400 maps. If I choose for marine charts (365 items) you cannot search immediately for a specific location. In its current look it is more practical to look for a location in general and subsequently narrow your search to maps or charts. The portal gives access to an impressive total of nearly 800,000 items. Depending on your search question, either a general question which you want to explore or a more restricted one, you will encounter many interesting items. It is still possible to view the famous topographical collections such as the Atlas Schoemaker directly. This double use of the word atlas should serve as a reminder that even though digital materials might have been digitized with a view to historical research the sources themselves were not made with this intention. For the purpose of this blog post you should perhaps begin with the digitized atlases from the holdings of the Nationaal Scheepvaartmuseum in Amsterdam.

Mapping with a different mind-set

Artistic maps at the exhibition

Maps created by Judy Watson

The historical maps of Australia form a major part of the exhibition at Utrecht, yet the modern art works which either mirror old maps or reflect concepts of space and spatial representation attract rightfully your attention. In particular the work of Judy Watson invites you to rethink the role of maps, especially the names of locations. The Dutch and English deliberately gave their own names to Australian locations which of course had and have their own names given by the indigenous people of Australia.

Lawpoles at the AAMU, UtrechtApart from drawings and paintings there are also minor objects to be seen, such as beautifully carved shells, and some larger objects, a number of law poles. Interestingly, the law poles belong to the main collection of the AAMU. They are part of a series of contemporary art works which have helped setting the boundaries of land belonging to indigenous people. This theme was itself the focus point of an exhibition at the AAMU in 2010 about which I reported here briefly. I cannot help thinking now that these law poles are here very much museum objects instead of being elements of the present state of affairs in Australia regarding indigenous people. The past years a number of contemporary Australian art works has been shown around Australia in travelling exhibitions.

Place names of Australia - viedo installtion by Judy Watson

Any of my thoughts to be just looking at an art exhibition was dispelled when I spotted among the place names projected in a video installation by Judy Watson on a map of Australia Cape Grim and the Cape Grim Massacre. Watson’s point is not only recording such grim places as Cape Grim and Suicide Bay on Tasmania, but showing the sheer impact of a majority of English and Dutch names for Australian locations. The Dutch might not have occupied physically much Australian territory at any time, but giving locations a Dutch name was definitely done with to commerce and control. Van Diemen Land and Tasmania are not exceptional examples of lasting Dutch influence. I would like to mention here the online Companion to Tasmanian History, edited by Alison Alexander, Centre for Historical Studies, University of Tasmania, where you can pursue this approach and much more.

Reading the sources

Logo Wat Staat Daer

At the website of the Dirk Hartog Year you can find in the section Dirk’s Library information about his life and voyages for the Dutch East India Company, and not as you might expect books about him or even his personal library. I could not help inspecting the transcriptions of some of the historical records – including the tin dish from 1616 – and noticing gaps and misunderstandings. Instead of frowning upon this situation it is better to point to a brand new website about Early Modern Dutch palaeography, Wat Staat Daer? [What Is Stated There?]. Three archives in the province Noord-Brabant launched this website earlier this month. Even if it is not a tutorial it does give you not only a number of documents to decipher, but also a digitized version of a handy booklet by Willem Bogtman, Het Nederlandsche schrift in 1600 [Dutch Handwriting in 1600] (Amsterdam 1938; reprint 1973) showing you the variety of forms of letters in Dutch documents. Some users of Wat Staat Daer? point to an online tutorial for Early Modern Dutch palaeography of the University of Amsterdam. One user gives the link to a website for Dutch sixteenth-century palaeography using records of criminal justice at The Hague for a very short period, 1575 to 1579; in particular the reference section is very useful. Hopefully these websites help also all those investigating traces of Dutch history in locations from New York to Brazil and from South Africa to Sri Lanka and Indonesia or the global impact of the Dutch East India Company. The VOC Kenniscentrum and the Atlas of Mutual Heritage are among the virtual harbors where your research into the history of the Vereenigde Oostindische Compagnie can start. The municipal archive in Amsterdam has a special page about Dirk Hartogh, with a discussion also of the various spellings of his name.

For those wondering why I do not mention here the Digital Panopticon, a project combining data from the Proceedings of the Old Bailey Online 1674-1913, the Convict Transport Registers Database and the First Fleet to create a history of English and Australian people over the centuries, I did so here in an earlier post about the Digital Panopticon. This project is not only a showcase for digital humanities, it showcases also legal history in fascinating ways.

Among the many activities of the Dirk Hartog Year some of them are clearly connected to the events of 1616, its immediate impact and historical influence. The Western Australia Museum created a small but interesting online exhibition, 1616 – Dirk Hartogh. At the website of the Duyfken 1606 Replica you can find more information about important Dutch voyages to Australia in the seventeenth century. This autumn the replica of the Duyfken is sailing along Australia’s west coast in remembrance of Dirk Hartog’s journey. The Nationaal Archief gives an overview of other Dutch activities concerning “1616” in 2016 and 2017. The Dutch National Archives have produced a glossy magazine with the flawed title Boemerang. Nederland-Australië 400 jaar, which you can download as a PDF. I feared it was only available in Dutch, but luckily the website of the Dirk Hartog Year contains a link to the English version. The choice of subjects in this colourful magazine is really not narrow-minded. It would be one-sided to leave out here the websites of the National Archives of Australia and the National Library of Australia, but enough is enough. For me writing this contribution has been in some way a voyage of discovery, although I have collected over the years a selection of links to websites touching Australia’s legal history on my legal history website. Hopefully I can seduce you to look out for uncharted territories, to rethink the importance of historical and linguistic borders, and to get inspiration from artists who raise difficult questions about our own time.

Mapping Australia: Country to CartographyAboriginal Art Museum, Utrecht – October 4, 2016 to January 15, 2017

Digitizing legal manuscripts at the Vatican Library

In this century several major research libraries and national libraries have started to digitize their manuscript collections. On my blog I have reported for instance about digitized legal manuscripts in the British Library. Legal manuscripts were included also in the project Europeana Regia for the reconstruction of the medieval royal libraries. One of my earliest posts concerned the Swiss project e-codices. More recently I wrote here about digitized manuscripts from Chartres and the Mont Saint-Michel. The digitized medieval and Renaissance legal manuscripts at the Collegio di Spagna in Bologna did not escape my attention, too. In 2013 the project at UCLA for the Catalogue of Digitized Medieval Manuscripts came to a halt because the two courageous scholars responsible for this project could not cope anymore with the tasks of creating a consistent and yet detailed catalogue. The question how to find out about the presence of digitized manuscripts is not easily answered.

Logo Digivatlib

For one particular massive project there is a way to stay informed. The current digitization project for the manuscripts of the Vatican Library has made considerable progress. Already some three thousand manuscripts can now be viewed online. However, this library did until this week not publish lists of recent additions. How can you stay informed about manuscripts which might interest you? In this contribution I will look at the efforts of Jean-Baptiste Piggin, a journalist and historian in New-Zealand, who since 2015 has patiently reported at his blog Macro-Typography about recently added digitized items. His service to scholars and the general public deserves our thanks and admiration. For your convenience I have put together a list of the legal manuscripts Piggin signalled until now. Piggin himself is interested in the history and use of diagrams, including those created by medieval lawyers, and this offers me a chance to write here about legal iconography, too. At Twitter you can find Piggin, too (@JBPIggin).

Thousands of manuscripts

The collections of the Biblioteca Apostolica Vaticana (BAV) in Vatican City are truly extraordinary. Not only their sheer number is immense, but also the presence of many remarkable manuscripts make this library an institution beyond repositories elsewhere. During its long existence the BAV was able to acquire entire manuscript collections. The Palatini came from the ducal library at Heidelberg, the Ottoboniani from cardinal Ottoboni, the Urbinati from Urbino, the Chigiani from the Chigi family, and these are just a few examples. Luckily there are even special bibliographies for the modern scholarly literature about these manuscripts. The BAV has created a separate online manuscript catalogue. The main digitization project of the BAV has several sister projects, for example for Syriac and Chinese manuscripts.

Logo Bibliotheca Palatina Digital - UB Heidelberg

The most important accompanying project deals with the Palatini latini, some 2,000 Latin manuscripts originally kept at Heidelberg, and now digitized and only accessible online at the portal Bibliotheca Palatina digital of the Universitätsbibliothek Heidelberg. With the advanced search mode of the Palatina Search you can directly search for particular manuscripts. For the subject Recht you will find some 220 digitized manuscripts, but alas it turns out this search does not yield the result you would expect, because not only legal texts show up. Using filters such as Pal. lat. does help somewhat, but in my view it is not correct when the filters Justiz and Kanonistik give almost completely identical search results. The fact you can find individual texts within a manuscript is not only welcome, but simply necessary. The overview of Palatini latini is organized in some twenty lists with each one hundred manuscripts. Arranging by year, author or title does help a bit. However, a check with the lists’ view at Heidelberg makes clear you can confine your search for legal manuscripts among the Palatini latini mainly to the shelfmarks Pal. lat 621 to 800. The university library at Heidelberg has a separate website for searching images in the Palatini manuscripts.

Having the Palatina Search at your disposal is really useful and important when you look at Piggin’s series of posts with digitized Palatini latini. It would be a herculean task to add for each manuscript in his lists a short or long description. For the Palatini Piggin often gives the author’s name and the title of a work. So far Piggin has counted some 3,200 digitized manuscripts from the BAV. In his early posts he did not include complete lists. Until now he mentioned on his blog some sixty Palatini latini with legal texts. By the way, at the end of each post Piggin asks for comments and additions from people who know more about newly digitized manuscripts.

Apart from the Palatini latini Piggin mentions I have now a list in front of me with 33 legal manuscripts. This number puzzles me a lot. Stephan Kuttner and Reinhard Elze published two volumes of their Catalogue of canon and Roman law manuscripts in the Vatican Library, I: Codices Vaticani latini 541-2299, II: Codices Vaticani Latini 2300-2746 (Città del Vaticano 1986-1987). These two volumes should have been followed by three consecutive volumes, but for various reasons this has not yet happened. Gero Dolezalek and Martin Bertram have put PDF’s with the draft galley proofs of the third volume online. They bring us to Vat. lat. 11527. A similar project for other manuscript collections at the BAV is one of the projects that will bear fruits in particular for the field of medieval canon law. The overviews created by Brendan McManus for medieval canon law texts, the Manuscripta Iuridica database at Frankfurt am Main for texts concerning Roman and feudal law, and the Initia operum iuris canonici medii aevi of Giovanna Murano are at many points much more concise for manuscripts held at the Vatican Library. With this information at our disposal I should really look again at the nearly fifty (!) posts Piggin published and check them against these combined resources. For my consolation I can only remark that you will have to perform a similar task when you want to know about for example medieval medical or mathematical manuscripts at the Biblioteca Apostolica Vaticana.

After all these preliminary remarks I had better give you simply these thirty-three manuscripts as presented by Jean-Baptiste Piggin, starting for your convenience with the Vaticani Latini:

  • Vat.lat. 630 pt.1 – Isidorus Mercator, Decretalium collectio
  • Vat.lat. 841, De Regimine Principum, a guide-book for princes, by Giles of Rome (Aegidius Romanus)
  • Vat.lat. 1130, anonymous (John of Paris?) on papal authority
  • Vat.lat. 3978, handbook for the Inquisition
  • Vat.lat. 3740, about 60 texts on apostolic poverty made to advise Pope John XXII at the time of a controversy with the Franciscans 1322-23 on the issue
  • Vat.lat. 3833, Collectio Canonum by Deusdedit, written between 1083 and 1087. This is the sole complete manuscript of this legal work. See Lotte Kéry. Notable for tabular material, but no diagrams. This is a palimpsest with four Vulgate gospels from the 7th or 8th century underneath (see Trismegistos)
  • Vat.lat. 12723, manuscript records of the Inquisition

The presentation of these manuscripts differs from a short notice to a much fuller description for some of them. “Lotte Kéry” refers to her repertory Canonical collections of the Early Middle Ages (ca. 400–1140) : a bibliographical guide to the manuscripts and literature (Washington, D.C., 1999), partially digitized by The Company with the Search Engine. Trismegistos is a database for ancient papyri and inscriptions. I will expand later on Piggin’s interest in diagrams.

The descriptions for the other manuscripts I took from Piggin’s blog follow here in alphabetical order of their shelfmarks. Behind the arrows I expand or correct his notes:

  • Barb.lat. 1396, a consilium of Baldus de Ubaldis >> numerous consilia by Baldus and other authors
  • Borgh. 7, Pope Boniface, Decretales
  • Borgh. 12, Works of Godefridus Tranensis
  • Borgh. 26, 13th-century legal text, Apparatus Decretorum
  • Borgh. 95,14th century, legal, Arnoldus de Augusta
  • Borgh. 154, Tancredus, 1185-1236, Opera, 13th-14th century
  • Borgh. 214Opera quaedam de re iuridica, 14th century,
  • Borgh. 226, Novels of Justinian
  • Borgh. 230, Iohannes de Lignano, 1320-1383 Lectura super decretales
  • Borgh. 231, Abbas Antiquus
  • Borgh. 248, Rottfried: civil law, canon law >> Roffredus Beneventanus, Libellus de ordine iudiciorum
  • Borgh. 262Decretales of Pope Gregory IX, glossed by Bernardus Parmensis (also known as Bernard of Parma, Bernard Botone, Bernard Bottoni), seems similar to Ms. 1 at Syracuse University
  • Borgh. 290, Bottoni, Bernardo, Summa super titulis decretalium
  • Borgh. 348, collection of opinions written in 1320 for Pope John XXII before 14th-century decision to extend inquisition to practitioners of “black magic” in southern France. Notes >> a reference to Annelies Maier, Ausgehendes Mittelalter III (Rome 1977) 208.
  • Borgh. 372, Glossa on Justinian >> Codex Justinianus with the standard Accursian gloss
  • Borgh. 374: A 13th-century text of the Emperor Justinian’s legal codifications including the Institutions, annotated by medieval lawyers. Justinian was emperor at Constantinople 527-565. >> Institutiones, Novellae, Libri Feudorum and Tres Libri (Codex 10-12).
  • Ott.gr. 64, legal synopsis
  • Ott.lat.15, legal texts, compiled by Capuchins
  • Reg.lat. 189, papal register
  • Reg.lat. 1024, the Liber Judiciorum, an early-8th-century code of Visigothic law (probably) copied in Urgell, Spain
  • Ross. 555, a beautiful Hebrew codex with four fine Italian miniatures. From Evelyn Cohen I read that this is Jacob ben Asher’s legal treatise, the Arba’ah Turim, and that the images depict a synagogue scene, animals being slaughtered according to Jewish ritual, a wedding and a courtroom scene.
  • Urb.lat. 157, Innocent IV, decretals
  • Urb.lat. 158, Azo of Bologna, decretals >> Azo, Summa Codicis and other works
  • Urb.lat. 159, finely illuminated law text by Bernardo Bottoni on Gregory’s Decretals, with a 14th-century arbor consanguinitatis where the tree is held in a planter by the law-giver (discussed by Hermann Schadt, Arbores, at p 259 ff.)
  • Urb.lat. 160, Johannes Andreae, Boniface VIII, decretals dealing with marriage and other legal issues >> mainly the Liber Sextus of pope Boniface VIII
  • Urb.lat. 1057, bound book of papal records

Piggin very sensible enlivens his lists with small format images of often remarkable illuminations, but to keep it here within sensible length I have excised the images and his remarks, except for those concerning legal trees such as the arbor consanguinitatis. In a post about digitized manuscripts in Bologna I have looked at the Mosaico project and its section about the Arbor actionum, the “Tree of actions”, a tool designed for determining which legal action(s) you should choose. Among legal diagrams Piggin looks in particular at the arbores consanguinitatis et affinitatis, and he proposes some substantial revisions of the views expressed by Hermann Schadt in his classic study Die Darstellungen der Arbores Consanguinitatis und der Arbores Affinitatis : Bildschemata in juristischen Handschriften (Tübingen 1982). Piggin published a post about legal arbores, and he has even has written an accompanying guide, The Missing Manual: Schadt’s Arbores. The virtual exhibition Illuminating the Law of the Fitzwilliam Museum in Cambridge shows some examples of these arbores. Piggin questions the very use of the word tree and invites scholars to look more closely and use terms carefully.

In Piggin’s notes the sheer variety of manuscripts faithfully mirrors the wealth of the manuscript collections at the BAV. For the field of legal history I have included also some items concerning the papal inquisition (Borgh. lat. 348, Vat. lat. 3978 and 12732) and some papal records (Reg. lat. 189 and Urb. lat. 1057). The manuscript Vat. lat. 3740 with questions concerning apostolic poverty reminded me of Umberto Eco’s The Name of the Rose and this subject as a bone of contention figuring in his novel. DigiVatLib does in many cases include at least some bibliographical information with which you can start further exploration of a manuscript.

Apart from his interest in legal iconography Piggin explores the origin of the use of diagrams with stemmata. I can only admire his tenacious approach and the way he blogs about his research in ancient and medieval history. The main results of his research appear at his own website. One of his latest blog posts concerns the text of a medieval commentary on biblical arbores humani generis, a kind of genealogical schemes showing the genealogy of Christ. The text seems to have been overlooked because it only filled gaps in drawings. It seems the kind of discovery only made by those who look at things supposedly well-known with an ever open mind.

While finishing this post the staff of DigiVatLib is busy transferring digitized manuscripts and incunabula to a new platform with enhanced interoperability. There have been complaints presence of large watermarks on the digitized images. It is also remarkable to see an interface for English, Italian and Japanese. There is now an advanced search mode with even fuzzy filters (“partial match”). You can tick a field for non-digitized items and choose to search only manuscripts. The galleries with selected manuscripts and the twenty latest digitized items wet your appetite for more. Twice every month you can get at Piggin’s blog a preview of newly digitized manuscripts. Even if it is possible to correct and expand his notes on legal manuscripts, you must admit that creating commented lists does at least provide useful orientation. Perhaps some legal historian might take up the challenge of providing a regular list of updates for digitized legal manuscripts at the BAV with sufficient information to start benefiting truly from this massive digitization project.