Tag Archives: Legal iconography

Around the Fourth Lateran Council (1215)

Among the commemorations to be included here in 2015 is the most important medieval ecumenical council, the Fourth Lateran Council that took place in November 1215. As it happens the Second Vatican Council (1962-1965) closed fifty years ago, and already a brief look at the constitutions of both councils reveals many differences, beginning with the sheer number of decrees and constitutions. With just 70 constitutions and one additional decree, the convocation for a new crusade, the Fourth Lateran Council led by pope Innocent III is remarkably concise in its output which, however, does not diminish its importance.

Some constitutions have received more attention by historians than others, and scholars do try to create a more balanced view of this major historical event. On November 24, 2015 the international congress Concilium Lateranense IV: Commemorating the Octocentenary of the Fourth Lateran Council of 1215 will begin in Rome, and in Murcia the conference Innocent III and his time will start on December 9, 2015. In this contribution I would like to look at the pictorial representation of this council, and at a project covering a number of medieval church councils.

The image of the Fourth Lateran Council

Logo Parker Library on the web

When you recall for yourself the images most closely associated with the Fourth Lateran Council – often abbreviated as Lateran IV – you might imagine a fresco of pope Innocent III or the famous marginal drawing with debating cardinals in a manuscript of Matthew Paris’ Chronica maiora (Cambridge, Corpus Christi College, ms. 16, fol. 43r). This college tries to protect image rights for this illustration as much as possible. At the website Parker Library on the Web full access is only possible at subscribing institutions. Without complete access you can only browse manuscripts but when you arrive at the very page of the manuscript with this illustration its lower half has been blotted out completely. Corpus Christi College and Stanford University Libraries have announced access to this website will be widened next year.

Detail BnF, ms. Latin 4915, fol. 398v

The Fourth Lateran Council – from Johannes de Columna o.p., “Mare historiarum”- fifteenth century – detail, BnF, ms. Latin 4915, fol. 398v

In fact it proves to be very hard to find online any other medieval image of Lateran IV, and this is one of the reasons why this section of my post is rather short. I did find two images in a fifteenth-century manuscript of a chronicle by a Dominican friar, Johannes de Columna, Mare historiarum, in the Bibliothèque nationale de France (BnF) in Paris (ms. Latin 4915, fol. 398v and 399r). You can search for archival collections and manuscripts at the BnF in a special website, and for illuminated manuscripts in the BnF you can use the Mandragore portal. Ms. Latin 4915 has been digitized at Gallica, the digital library of the BnF. The chapter heading indicated in red ink mentions two issues at the council, the condemnation of the views of Joachim de Fiore, and the convocation of a new crusade.

Detail BnF, ms. Latin 4915, fol. 399r

The second image mentions in its heading two other questions dealt with at Lateran IV, the foundation of new religious orders, in particular the Dominicans, and matters between the king of France and barons from England. 1215 was the year of the Magna Charta. This chronicle by a Dominican friar has been lavishly illustrated with more than thousand historiated initials. You cannot fault the illuminator for showing Saint Dominic in this work. It would be great if we had images from the thirteenth century, but this image from the fifteenth century does give you at least the idea that a council is more than a prolonged series of debates between cardinals, bishops, mighty abbots and the pope. In and around the Lateran basilica and palace much more happened in 1215.

Logo Index of Christian Art

For more information about the iconography of the Fourth Lateran Council one should start with consulting an article by Raymonde Foreville, ‘L’iconographie du XIIe concile œcuménique: Latran IV (1215)’, in: Mélanges offerts à René Crozet (…), Pierre Gallais and Yves-François Riou (eds.) (2 vol., Poitiers 1966) II, 1121-1130, reprinted in her volume Gouvernement et vie de l’Église au Moyen-Âge: Recueil des études (London 1979). A second step will be searching the matchless information assembled for the Index of Christian Art (ICA) of Princeton University. You can gain access outside Princeton to all materials at the institutions in Washington, D.C., Los Angeles and Utrecht where you can consult the copies of the card files.

Bishop Rodrigo preaches at the Fourth Lateran Council - Madrid, BNE, Vit. 15-5, fol. 22r - image: Madrid, BNE

Rodrigo Jiménez de Rada, archbishop of Toledo, preaches at the Fourth Lateran Council – Madrid, BNE, Vit. 15-5, fol. 22r – image: Madrid, BNE

Lately a senior medievalist at Utrecht told me in person with much aplomb the ICA is now available online in open access, but alas this is not correct. You cannot actually access the full online database without going to the university library at Utrecht, having off-campus access or using your membership of another library subscribing to the online version. Luckily I can use this latter opportunity, too, but my first online attempts did not lead me to any artefact showing one of the Lateran councils. The famous drawing by Matthew Paris is indeed present in the card files of the ICA, but the whole manuscript is curiously missing in the digital version. I could even check that the two other manuscripts used by Foreville, the Chanson de la croisade albigeoise by Guillaume de Tudèle (written in 1275; Paris, BnF, ms. Fr. 25425, fol. 81r; digitized at Gallica] and the Codex Toledanus (written around 1253-1255; Madrid, BNE, Vit. 15-5, fol. 22r, digitized in the Biblioteca Digital Hispánica) are not present in both versions of ICA. The Festschrift for René Crozet somehow escaped the attention of ICA’s staff. Only thirty percent of the materials within the Index of Christian Art is already available online. The image in the manuscript at Paris described by Foreville is only a sketch for a large miniature, and thus it has not been included in the Mandragore database. For those wanting to use Iconclass I can provide you with the right code for finding images of church councils of the Roman-Catholic Church, 11P3142.

Religious minorities in 1215

Before starting with the second section of this post it might be wise to point to at least some online versions of the constitutions of Lateran IV. At IntraText you will find a full searchable English translation, just as in Paul Halsall’s Medieval Sourcebook (Fordham University). There is a PDF of the text as published in the collection Conciliorum oecumenicorum decreta, Giuseppe Alberigo et alii (eds.) (Basel and Freiburg 1962) 206-247, and at Documenta Catholica you will not only the Latin text, but also English and Italian translations. However, scholars dealing with medieval canon law are aware of a critical edition of these constitutions by the late Antonio García y Garcia, Constitutiones Concilii quarti Lateranensis una cum commentariis glossatorum (Città del Vaticano 1981; Monumenta Iuris Canonici, Serie A, Corpus Glossatorum, vol. 2). García y García edited also the contemporary apparatus, a scholarly commentary consisting of glosses, by Vincentius Hispanus and Johannes Teutonicus. Lateran IV is the only medieval council with a similar gloss. Almost all its constitutions was taken over in the Compilatio quarta – without c. 42 and c. 71 – and later in Gregory IX’s Liber Extra (1234), in this case without c. 42, c. 49 and most of c. 71.


Here I would like to bring to your attention RELMIN, a recently finished project in France led by John Tolan (Université de Nantes) dealing with legal texts touching upon the status and treatment of religious minorities in Southern Europe from Late Antiquity until 1500. The bilingual project website brings you to a database housed on a server of the Institut de Recherche d’Histoire des Textes. You will find here not just texts in Latin, but also in Arabic, Aramaic, Greek, Hebrew and a number of medieval vernacular languages. Using the tab for authors you can find conciliar texts filed under their Latin name, all of them starting with Concilium. From the Fourth Lateran Council you will find four constitutions (nos. 67 to 70). No. 67 concerns usury and the Jews, no. 68 the distinction in cloths between Christians and Jews, no. 69 prohibits Jews – and heathen (paganos) – to fulfill public offices, and no. 70 forces converted Jews to refrain from Jewish rites.

Even if you can object that RELMIN does not do anything new by looking at these constitutions, you can benefit from the translation of the original text, a succinct commentary, the list of manuscripts used in the edition by García y García, the list of older editions of conciliar texts and the bibliography for each constitution. The recent history of the Lateran Council by Foreville and G. Dumeige, Les conciles de Latran I, II, III et de Latran IV: 1123, 1139, 1179, et 1215 (Paris, 2007) is duly noted. RELMIN helps you to view these and similar texts in a much larger context of time and space. For the field of medieval canon law you can see how earlier canons influenced later constitutions, decrees and decretals, and you can put them side to side with secular texts. Instead of overloading this post with much more I will add here only the titles of two online Ph.D theses which I encountered while searching for more information about the manuscript in Madrid. Both of them are well worth checking in connection with the Spanish side of Lateran IV: Lucy Kristina Pick, Christians and Jews in thirteenth-century Castile: The career and writings of Rodrigo Jiménez de Rada, archbishop of Toledo (1209-1247) (University of Toronto, 1995) and Fátima Pavón Cazar, La imagen de la realeza castellana bajomedieval en los documentos y manoscritos [The image of late medieval Castilian kingship in documents and manuscripts] (Madrid, Universidad Complutense, 2008).

Information, knowledge and understanding

I would like to end my musings around the Fourth Lateran Council and its impact in texts and images by pointing you to the wonderful introduction to this council at the website of Kenneth Pennington (Catholic University of America). Antonio García y García contributed a chapter about Lateran IV and the canonists to the History of Medieval Canon Law in the Classical Period, 1140-1234, Wilfried Hartmann and Kenneth Pennington (eds.) (Washington, D.C., 2008) 367-378, and in the same volume Anne Duggan discussed the legislation of all four Lateran councils.

London, BL, ms. Royal 14 C VII, fol. 126r

A drawing of the Council of London, 1237 – Matthew Paris, Historia Anglorum , ca. 1250-1259 – London, BL, ms. Royal 14 C VII, fol. 126r

For those insisting to see here at least one of Matthew Paris’ great marginal drawings I can provide the second best thing, an image of the council of London in 1237 in the autograph manuscript of his Historia Anglorum (London, British Library, ms. Royal 14 C VII, fol. 126r). I found this colourful image using the BL’s catalogue of illuminated manuscripts.

The riches of the major portals for illuminated manuscripts at London and Paris help to fill gaps in the Index of Christian Art. In this post I hope to have shown you not just some deficiencies of this project. It is probably wiser to remind yourself of the fact no single large-scale project will be able to contain and cover everything you are looking for. ICA does contain many things not easily found elsewhere, in particular not by the online search machine of the firm seducing us to believe it can find anything. Instead of anything and everything we neeed valuable information helping to add to our knowledge, to widen our perspectives, to sharpen our minds and opening roads to true understanding.

Bruegel’s bewitching legacy

Detail of a print by Pieter Bruegel the Elder - Amsterdam, Rijksmuseum

Pieter Bruegel the Elder, Saint James visiting the magician Hermogenes (detail) – Amsterdam, Rijksmuseum

Exhibitions sometimes make you hesitate to visit them at all. Will they only confirm what you already knew or suspected, or will they offer you food for thought and send you in new directions? Since September 19, 2015 you can see at the Museum Catharijneconvent in Utrecht, a museum for the history of Christian art in the Low Countries, an exhibition about images and the imagination of witches. Bruegel’s Witches focuses on drawings, prints and paintings by the great Flemish artist Pieter Bruegel the Elder (around 1525-1569). The exhibition credits Bruegel with creating in a few works the very stereotype of witches, looking as a woman with wild hairs and flying though the air on a broom. In is very best tradition the museum looks also at Bruegel’s contemporaries, shows earlier images of magicians and sorceresses, and it follows the impact of Bruegel’s imagination through the centuries. In 2016 the exhibition will be put on display at the Sint-Janshospitaal in Bruges.

This month Museum Catharijneconvent also shows the Utrecht Psalter (Utrecht, University Library, ms. 32), the most famous medieval manuscript in the holdings of Dutch libraries. This manuscript with vibrantly illuminated pages from the early ninth century is only rarely shown in public, and even scholars seldom are allowed to look at it. If you have your doubts about the Bruegel exhibit, you should come at least for the Utrecht Psalter.

Witches in context

At the Catharijneconvent, a former hospital and convent of the Knights Hospitaller, Christian art is always presented within the context of other expressions of Christian life and practice. In this exhibition, too, you will find objects from daily life and criminal justice, and also books. A particular resource used here are the so-called Wickiana, some 430 illustrated newsletters from the sixteenth century collected by the Swiss protestant vicar Johann Jacob Wick (1522-1580) who also wrote a chronicle about events in Zürich. The Zentralbibliothek in Zürich has digitized the Wickiana. This source is not only a form of communicating news, but it offers also a window to popular culture and protestant views of culture and life. The Wickiana shows the use of images and relate also to the perception of all kind of events and elements of culture at large. From the perspective of book history they belong to the category of pamphlets, or even more precisely to the Einblattdrücke. On my website for legal history I have created an overview of digitized pamphlet collections. Wick’s collection contains also many of his own coloured drawings.

The exhibition shows materials bearing directly on the way courts dealt with witches. There is for example a copy of Joost de Damhouder’s Praxis rerum criminalium (Antverpiae 1556). You can look at archival records from the castle Huis Bergh in ‘s-Heerenberg from 1605 about a trial against Mechteld ten Ham who was accused of sorcery (available online [Archief Huis Bergh, inv. no. 7268]). Interesting is also the so-called schandhuik, the “cover of shame”, from ‘s-Hertogenbosch, an object designed to parade infamous women. Among the books on display is also a treatise by the Jesuit Martin Antonio Delrio (1551-1608), Disquisitionum magicarum libri sex (Lovanio 1599), a book dealing both with the theological interpretation of witchcraft and with the role of judicial courts. Delrio was a humanist scholar, a nephew of Michel de Montaigne and a friend of Justus Lipsius. It prompted me to look at the number of books dealing with witchcraft and demonology signalled by the Universal Short Title Catalogue (USTC) in St. Andrews. The USTC gives you hundreds of titles, and you find of many works several editions. By the way, the book of De Damhouder appeared also in Dutch and French. The USTC is one of the portals indicating also access to digital versions of these works.

Firing the imagination

When you visit the exhibition at Utrecht, you can view the works of art, artefacts, books and pamphlets using a summary guide (Dutch or English), use an audio tour or dive into a fine classical exhibition catalogue. Walking through the rooms and corridors of this exhibition can thus be a rather normal contemporary museum experience, or you can choose a multimedia approach to submerge yourself into the dark world of Early Modern imagination. However strong images and imaginary worlds may be, they combined with the forces of churches and courts to create images of women. Even when they escaped from outright persecution women had to cope with very powerful unfavorable representations of their gender. Imagination, perspectives on gender and anxieties were part and parcel of the period which saw the growing impact of real and imagined magic and sorcery. The role of courts in dealing with witchcraft surely did not always do credit to law and justice.

This exhibition at Utrecht is visually attractive and seduces you to some extent to revel in the imagery of witchcraft, but there is a sober and more disconcerting reality behind which should not be lost out of view. Malcolm Gaskill’s volume Witchcraft. A Very Short Introduction (Oxford, etc., 2010) has been translated into Dutch in 2011 by Nynke Goinga [Hekserij, Een kort overzicht (Rotterdam 2011)]. I seldom condemn books or translations, but this translator succeeds in utterly missing the crux of the matters under discussion. Many translated sentences sound strange as if she did not understand at all the subject of this book. Alas witchcraft as a historical subject will remain open to the fascination of those people searching for sensation and esoteric phenomena. There is too much at stake around this subject to leave it to thrill seekers and freaks. However, such statements do not make it easier to face the challenges to deal with this complex subject, starting with the oceans of publications about witches and sorcerers. We need the powers of deep thinking and applying all of the (legal) historian’s crafts to do justice to this aspects of Early Modern history. If this exhibition convinces you at least of the value of this conclusion, your visit will be fruitful.

De heksen van Breugel / Bruegel’s Witches – Utrecht, Museum Catharijneconvent, September 19, 2015-January 31, 2016, and Bruges, Sint-Janshospitaal, February 25 to June 26, 2016

Visual traces of legal culture and the legacy of Karl Frölich

Banner MPI Frankfurt am Main

Legal historians created legal iconography as an auxiliary science for dealing with images connected with law, justice and legal culture in the widest possible sense. In a century where for many subjects you can find a great variety of online resources the list of online databases concerning this subject is still short. On my own website Rechtshistorie I mention just a dozen digital projects, with resources in English almost absent. On March 31, 2015 the Max-Planck-Institute for European Legal History in Frankfurt am Main launched a new online database for the collections created by a German scholar, Karl Frölich (1877-1953). What is the value of his collections? Do they help understanding the way law and visual culture are studied within the discipline of legal iconography and in other ways, for example in the framework of law and humanities? In this post I will delve into these and other questions and I will compare this new database with similar online collections.

Nomos-SALUTO-INGThe introduction to the new resource at the website in Frankfurt is brief, even when you add the general notice about the Sammlung Frölich and the introductions to research projects concerning communication and representation of law, including legal iconography, However, a virtual exhibition launched last year at the Kunsthistorisches Institut in Florence provides this information. The Nomos of Law. Manifestations of the Law in Picture Atlases and Photo Archives shows items from the Frölich collection, and from collections in Florence and Munich. This exhibition which can be viewed in German, English and Italian contains also a bibliography. It has been created in cooperation with the Leopold-Wenger-Institut für Rechtsgeschichte in Munich, home to the oldest German collection in the field of legal ethnology and legal archaeology created by Karl von Amira (1848-1930).

In this post I will first look at the context of Frölich’s career and research. In the second section I will discuss the contents of the newly digitized collection, and I will compare Frölich’s collection with other online collections for legal iconography. The last section offers a glimpse of current and potential uses of Frölich’s materials.

Decades of research under a shadow

Let’s start with a look at Karl Frölich himself, using the article in the online version of the Neue Deutsche Biographie written by Karl Bruchmann [NDB 5 (1961) 652]. Frölich was born in the village of Oker in the Harz region near Goslar, a city often visited by the German emperors in the eleventh and twelfth centuries. He studied law in Jena and Göttingen, Frölich got his Ph.D. degree from Alfred Schultze (1864-1946) in 1910 at Freiburg with a study about medieval legal procedure in Goslar [Die Gerichtsverfassung von Goslar im Mittelalter (Breslau 1910)]. Frölich worked from 1905 onwards in Braunschweig at the ministry for the interior. In 1913 he started to study for a degree in economics, but in 1914 he became a judge (Landgerichtsrat). During the First World War he fought as an officer in the German army. Paul Rehme (Leipzig) guided Frölich’s research for his Habilitationsschrift on Verfassung und Verwaltung der Stadt Goslar im späteren Mittelalter (Goslar 1921). In 1921 he started teaching at the technical university of Braunschweig. From 1923 onwards he worked at the university of Giessen as a professor of German legal history where he founded in 1939 an institute for legal history. From 1935 onwards Rechtliche Volkskunde, “legal ethnology”, became his specialization. During the Second World War Frölich served temporarily again in the army. From 1945 he worked for some time at the universities of Berlin, Marburg and Frankfurt am Main. His scholarly career ended with the edition of sources for the history of Goslar.

Image of Karl Frölich, 1952 - Sammlung Frölich, Frankfurt am Main

Portrait of Karl Frölich, 1952 – image Sammlung Frölich, Frankfurt am Main

The weakness of the biographical article in the Neue Deutsche Biographie is its silence about the period after 1933. How did Frölich react to the powers of the Third Reich? For the field of legal archaeology it was most unfortunate that the Nazi laws pretended to stem from the people, and thus keen on enhancing the position of the field of “legal ethnology”. During the Nazi regime this discipline was not innocent. Frölich is not mentioned in classic studies about German lawyers between 1933 and 1945 such as Ingo Müller, Furchtbare Juristen. Die unbewältigte Vergangenheit unserer Justiz (Munich 1987; 2nd ed., Berlin 2014) and Bernd Rüthers, Entartetes Recht. Rechtslehren und Kronjuristen im Dritten Reich (Munich 1988).

Gerhard Köbler (Innsbruck) contributed a chapter on Frölich for the volume Giessener Gelehrte in der ersten Hälfte des 20. Jahrhunderts, Hans Georg Gundel (ed.) (Marburg 1982) 242-250. Recently Lars Esterhaus wrote his dissertation about Frölich [Bild – Volk – Gegenstand : Grundlagen von Karl Frölichs „rechtlicher Volkskunde“ (…) [Image-Nation-Object: Foundations of Karl Frölich’s “legal ethnology”] (diss. Giessen 2012; Marburg 2014)]. On his website Gerhard Koebler has created a succinct overview of law professors at the Unviersity of Giessen between 1607 and 2007, with also basic information about Frölich’s career. At his webpage Wer war wer im Deutschen Recht [Who’s who in German law], a massive overview of German lawyers with also a search interface, Koebler adds some crucial facts. In 1941 Frölich became a Gaugruppenverwalter and Hochschullehrer des Gaues Nassau-Hessen des NS-Rechtswahrerbundes. After a year in this role Frölich did active service again in the German army. The university of Giessen closed in the summer of 1942. In 1945 Frölich resumed teaching legal history. In 1946 his behaviour during the war was subject of a procedure for denazification. In July 1946 this procedure started, and two months later he was said to be unbelastet, “correct”, but the military government nevertheless suspended him in November 1946. Still in 1946 the ministry of the interior invested him again with his office, but took away his status as a state official (Beamtenstatus). On February 1, 1949 his professorship ended, and on April 1, 1950 he became officially a professor emeritus.

In the thirties the Deutscher Rechtshistorikertag, founded in 1927, was still a new phenomenon. During the twelve years of the Third Reich only two Tagungen were held, in Cologne (1934) and Tübingen (1936). In Tübingen at the fifth conference Frölich read a paper about the creation of an atlas for legal ethnology (‘Die Schaffung eines Atlas der rechtlichen Volkskunde für das deutschsprachige Gebiet’). Hans Frank, the German minister of justice, held a speech in which he encouraged scholars to enlist the services of legal history for German contemporary law.

I give you this additional information with only brief comments. There was a wide variety of living as a lawyer under the Nazi regime, from supporting explicitly the new Nazi legal order and its ideology at one side, and outright resistance against the regime at the other end. For many people daily life in the Third Reich must have been a grey and grim zone of finding one’s way in a time and places where angels fear to tread. Even at a distance of two generations scholars living now need to imagine themselves in front of the possible deadly choices facing Germans in that dark period. As for Giessen, allied bombers caused great damage to the city in December 1944. After the war the university was at first closed. Only after a few years the university could start again, and only in 1965 a law faculty began again.

Barbara Dölemeyer, responsible for the project to digitize Frölich’s collection, has created a bibliography of Frölich’s publications since 1921. Earlier on she published ‘Karl Frölich und das Institut für Rechtsgeschichte’, in: Rechtswissenschaft im Wandel, Festschrift des Fachbereichs Rechtswissenschaft zum 400-jährigen Gründungsjubiläum der Justus-Liebig-Universität Gießen, Walter Gropp, Martin Lipp and Heinhard Steiger (eds.) (Tübingen 2007) 1–22, and a shorter article, ‘Bilder als Zeichen alten Rechts – Die Sammlung Frölich’ [Images as signs of old law: The Frölich Collection], Rechtsgeschichte 4 (2004) 264-268. Karl Kroeschell (1927) mentioned some of Frölich’s works in his Deutsche Rechtsgeschichte as examples of still valuable research. Kroeschell says this as author of a legal history of Germany in the twentieth century [Rechtsgeschichte Deutschlands im 20. Jahrhundert (Göttingen 1992)]. Hans Planitz and Hermann Baltl wrote necrologies about Frölich for the Zeitschrift der Savigny-Stiftung für Rechtsgeschichte, Germanistische Abteilung [ZRG GA 70 (1953) 431-432 and ZRG GA 71 (1954) 545-548], the latter with the explicit title ‘Karl Frölich und die rechtliche Volkskunde’. You can find ten digitized publications of Frölich online in one of the digital libraries of the modern Universität Giessen.

The signa iuris

The commemorations of the end of the Second World War, now seventy years ago, have influenced me in creating the long section about Frölich, especially in order to prevent the idea that I would write about Frölich’s material legacy – now held at Frankfurt am Main, Giessen and Munich – without any preparation and consideration for its background. Is it indeed to some extent a poisoned gift, not to be handled except with the greatest possible care, or is it safe to use the images and accompanying papers in a straightforward way? What does he bring us for the study of the signs of law and justice? SIGNA IVRIS is the aptly chosen name of a German scholarly journal for legal iconography and its neighbouring disciplines. It was founded in 2008, with Gernot Kocher, Heiner Lücke and Clausdieter Schott as its current editors. Lars Esterhaus contributed in Signa Ivris 5 (2010) the article ‘Karl Frölich und die “rechtliche Volkskunde“? Eine werkbiografisch orientierte Anfrage’ .

The scholarly value of Frölich’s own photographs is much enhanced by the fact that he did not just look at Germany or at parts added to the Third Reich, but at other European countries as well. Two pictures show even Rabat in Morocco. In view of this international orientation a search interface in one or more other languages would reflect the variety of countries more correctly. The search interface contains a free search field (Freie Suche), and an advanced search mode with four fields for countries, locations and places; two of them help you to find all items coming from a modern Bundesland or an official smaller region (Landkreis) in Germany. Very important is the presence of two separate search fields for motifs, the first for motifs from a contemporary perspective and the second field for the motifs according to Frölich’s own arrangements. He had planned to publish eventually an atlas with relevant photographs and descriptions for Germany, starting with the region Hessen. The last search field allows you to filter for items and the three present locations of Frölich’s images, papers and other materials. A separate page introduces the subjects and motifs used by Frölich to catalogue and describe his findings, and a more contemporary list of classifications used for the digitized items.

Postcard of the interior of Nijmegen Town Hall, around 1940 - Collection Frölich, SF=G1347_F4124_01a

Postcard of the interior of Nijmegen Town Hall, around 1940 – image Sammlung Frölich

The database at Frankfurt am Main contains nearly ten thousand items, with for the Netherlands 133 items. Among the European countries Belgium is missing at all. For Germany there are some 8,200 items, for Hessen alone nearly 2,300 items. Thus resources for others countries are only a small part of the collection, but nevertheless this is valuable. It quickly becomes clear that there are for my country more digitized letters, postcards and notes than actual photographs or other visual materials. Frölich inquired about cities such as Rotterdam, Middelburg and Nijmegen where the inner cities have been destroyed during the Second World War. Such photographs of buildings before their destruction can be important. W.S. Unger, city archivist at Middelburg, wrote in 1939 he had sent a description of the town hall in a separate letter which does not survive (or still awaits digitization). From Rotterdam came in 1939 two short letters stating objects could not be reached due to the restoration of the Museum Boymans-Van Beuningen, and there were no medieval objects at all. In view of the year 1939 it is more probably that this museum was busy packing objects and moving them to a safe hiding place in case of war. It seems Frölich definitely restricted his research to medieval objects and artefacts, because other Dutch letters contained the same answer. From Nijmegen came only a postcard with a picture of the schepenbank, the seats of the municipal court within the town hall in Dutch Renaissance style. Frölich’s letter in 1942 concerning Nijmegen mentions specifically his objective to collect information also outside Germany.

“Gericht” at Schleeke near Goslar – image Sammlung Frölich

Back to Germany! Frölich’s collection contains in its present state some 70 items for his beloved Goslar. Goslar’s fate during the Third Reich was in a way determined in 1934 when the Reichsnährstand, the Nazi food organization, was founded in this town. In 1936 Goslar got the title Reichsbauernstadt, the capital of farmers in Hitler’s Reich. All his life Frölich dedicated his efforts in studies of Goslar’s history to its later medieval period, after the days of the frequent visits of the German emperors. He studied in particular the beginnings and working of the city council, the city’s economy and the role of the nearby mines at Rammelsberg exploited since the tenth century.

In his Harzreise (1826) Heinrich Heine had used harsh words for Goslar, a city where the medieval cathedral had been demolished in 1820, leaving just one part of it standing. Is it just a guess that the very presence of Goslar’s remaining historic buildings and locations helped Frölich to become aware of the need for their systematic study in connection with legal history? Perhaps other German legal historians in the first half of the twentieth century had simply not yet done much in the territories covered by Frölich, the spaces and buildings where law and justice got their form. Surely Karl von Amira (1848-1930), the founder of legal archaeology and legal iconography, had collected relevant objects for these fields. He had indeed thought about creating an atlas for both subjects. Eberhard von Künßberg (1881-1941) looked more at legal gestures, no doubt inspired by the materials he encountered in directing the creation of the Deutsches Rechtswörterbuch. Claudius Freiherr von Schwerin (1880-1944) even published from Von Amira’s papers an Einführung in die Rechtsarchäologie (1943). Von Schwerin had become deeply involved with the Nazi’s soon after 1933. The Swiss scholar Hans Fehr (1874-1961) who had studied in Germany, focused on the representation of law in the arts.

How does Frölich’s collection compare with other image collections in the field of legal iconography? The images in Von Amira’s collection in Munich most often show objects, not actual locations and buildings. The image database at Graz puts images somewhat arbitrarily into legal categories, but you can also use the free text search, and anyhow this collection is much smaller. The database RechtsAlterTümer – online of the Austrian Academy of Sciences does cover both objects and locations, but it is geographically restricted to Austria. Today I could not reach the database at Zürich due to some vague technical error. I leave it to you to check and compare all twelve collections, but only after looking at least briefly in the Dutch database at the Memory of the Netherlands where the postcard from Nijmegen in Frölich’s collection is not to be found. The Dutch collection does show for Nijmegen much more than only the court room of the old town hall. In particular the bibliographical references are very useful. Frölich’s research notes, however succinct sometimes, are an asset missing in other collections.

In the country where during the nineteenth century history was refashioned into an academic discipline there are more resources with images and photographs of historical buildings and objects. On my own page for digital image collections – where you can find the twelve online databases for legal iconography as well – I list a dozen online resources for Germany. The Bildindex der Kunst und Architektur, one of the services at the Bildarchiv Foto Marburg, is a search portal for several million images from major German cultural institutions, including for instance photographs from the holding of the Germanisches Nationalmuseum in Nuremberg. You can get some impressions of the sheer scale of the photo collection of this museum when you search for a pillory (Pranger) and receive more than 600 results. The Bildarchiv of the Deutsches Historisches Museum in Berlin and the Deutsche Fotothek (Sächsiche Landes- und Univesritätsbibliothek, Dresden) are other major German nationwide resources. In my view it is not only possible and feasible, but necessary to use images and information from other resources to supplement and check whatever you find in the Frölich collection.

Balancing questions and materials

At the end of my post it might seem that the background of the Frölich collection got too much attention instead of its own scope and value. Including a paragraph about Dutch towns and thus making this post still longer was certainly a personal choice. I will end here with some remarks about the way to use Frölich’s publications and images for modern research in the field of German history and geography. The Landesgeschichtliches Informationssystem Hessen (LAGIS), created by the Hessisches Landesamt für geschichtliche Landeskunde and the Universität Marburg, is a very substantial portal to the history, cultural heritage and geography of the Bundesland Hessen. At this portal you can use maps, search for digitized resources, thematic dictionaries, use a bibliography and a web repertory, and last but not least search for images and books concerning many themes, among them for example the topography of the national socialism.

In the section Gerichtsstätte in Hessen [Places of justice in Hessen] Wilhelm Eckhardt has created a database with both a simple search mode and a very detailed advanced search mode. In more than hundred cases the references include works by Frölich, or they show photographs he published. The digitized images of the Frölich collection and his notes are no doubt a valuable addition to the materials at this portal. I did look for similar online portals for other German regions, but until now Hessen seems the only example to include material remains of legal history. Here, too, I would adduce information from other image collections to get a more complete picture, but in itself the database for Hessen is a valuable new research tool.

The twentieth century was an age of extremes (Eric Hobsbawm), and legal historians did not escape from its threats, terrors and destruction. The twelve years of the Nazi regime had a great impact on German lawyers and historians, on the ways they looked at Germany’s history, and in some cases abused and stained it. This image of utter darkness has sometimes helped in keeping scholars away from legal ethnology and legal iconography.  With knowledge of the background of Frölich’s work you can start new research following his steps. Diligent and discerning research can benefit from a number of his works and the example of his sustained efforts to study the visual powers of law and justice. Using the wide variety of German image databases and for Hessen its exemplary database for regional history and geography, and at many turns benefiting from the resources and research of the Max-Planck-Institut for European Legal History at Frankfurt am Main, you can gain new insights for research in a fascinating scholarly discipline which enriches our understanding of the impact of law and justice.

A theatre of knowledge: Law and justice on show in old book titles

Logo Theatra - Welt und Wissen auf der BühneTheatrical representations of a trial can enthrall an audience. Even when you know actual proceedings were different you are lured into understanding matters in the way they are played in the theatre. Authors and publishers were not slow to realize the attraction of the theatre for book titles. In a German research project several books with the word “theatre” in their title printed between 1500 and 1800 have been brought together. Among them is a considerable number of books concerning law and justice. The project was finished a few years ago, but I think it is worth looking at here.

The right title

Logo HAB

The project at the heart of this post has been supported by the Herzog August Bibliothek (HAB) in Wolfenbüttel. Earlier on I had not really noticed this project at the website of this research library with a focus on Early Modern and baroque literature. However, in the end this notice did awake my curiosity. Scholars from the Universität Kassel worked together with the staff of the HAB to create the project Welt und Wissen auf der Bühne – Theatrum-Literatur der frühen Neuzeit. “World and Knowledge on Stage – Theatrum-Literature of the Early Modern Period”.

The metaphor of the theatre helped to create a visual image for multiple purpose, not just constructing a setting but also the disposition and communication of knowledge. Apart from “Theater” and “Theatrum” authors and publishers used words such as Schau-Bühne and Schauplatz, and of course other languages used their own versions of these words, for example théâtre, teatro, schouwtoneel and schouwplaats. Apart from works in German, French and English Dutch, Spanish and Italian works were within the orbit of the project, The project at Wolfenbüttel aimed at creating a portal with bibliographical information and direct access to some 200 titles. Despite this multilingual starting point the project website is only accessible in German, in clear contrast with the HAB’s website which can be viewed in German, English and some pages even in Latin. At the project website you can go directly to each of the digitized works, execute a full text search in all titles or in a particular work, or visit first the repertory and benefit from the information about the works brought together here.

Title page There is no shorter way to view the qualities of the project than starting to look at a particular work. I have chosen a work by Peter Dahlmann, his Historischer Schauplatz Vornehmer und berühmter Staats- und Rechts-Gelehrten (2 vol., Frankfurt and Berlin, 1710-1715), and I selected it because it was the first work in the list with the word Recht (law) in its title. This biographical dictionary appeared anonymously, but Dahlmann published a similar more general work in 1710 which made his authorship plausible. The description of this work with twenty-seven biographies is most useful, in particular for the overview of the content, information about the context and background, and bibliographical information.

When I looked at the list of extant copies of Dahlmann’s book I somehow became wary. A quick search in the Karlsruher Virtual Library shows indeed more copies than indicated here. The copy of the first volume at the Max-Planck-Institut für europäische Rechtsgeschichte, Frankfurt am Main, too, has been digitized, as announced on the project page at Wolfenbüttel, but I was really surprised to find this title in Frankfurt within the collection of German legal journals from the period 1703 to 1830. Anyway, this title is certainly not widely available in German libraries: VD18, the bibliographical project for eighteenth-century German imprints, has not yet included any copy from the five participating libraries, but the Staatsbibliothek in Berlin, the Sächsische Landesbibliothek in Dresden and the Bayerische Staatsbibliothek in Munich do have a copy of the rare second volume, which has been digitized at Munich. Checking the information about surviving copies seems advisable.

Law on stage

Let’s look which other legal works and books touching the subject of law, jurisprudence and justice have been included at Welt und Wissen auf der Bühne:

– anon., Schauplatz der Betrieger (Hamburg-Frankfurt 1687) – a book about impostors and forgers – description
– anon., Hamburgisches Mordt-Theatrum (s.l., 1687) – a book describing the trial for the murder of a merchant from Hamburg – description
– anon., Theatro politico del honor y manifiesto legal de la santa iglesia Catedral de Zamora (s.l. [Zamora], 2 vol., 1730-1732) – a treatise about the jurisdiction and rights of a Spanish cathedral
– [Christoph Peller], Theatrum Pacis, Hoc Est: Tractatuum Atque Instrumentorum Praecipuorum (2 vol., Neurenberg 1683-1685) – a collection of peace treaties
– Johann Abelinus and Matthaeus Merian, Theatrum Europaeum (21 vol., Frankfurt 1633-1738) – a chronicle of near contemporary European history, often supported with legal documents – description
– Giovanni Battista Argiro, Theatrum universi juris (2 vol., Rome 1729-1734) – a legal bibliographical repertory guiding to commentaries for Roman and canon law
– Lorenzo Arrazola et alii, Enciclopedia española de derecho y administracion, ó Nuevo teatro universal de la legislacion de España è Indias (13 vol., Madrid 1848-1872) – an encyclopedia for Spanish law and government, including colonial law
– Angelo Auda, Theatrum regularium, in quo brevi methodo, variae decisiones, tam apostolicae quam Ordinis Minorum de observantia […] exarantur (Rome 1664) – ecclesiastical law concerning the Franciscan order
– Giovanni Battista Carmen Fattolillo, Theatrum immunitatis, et libertatis ecclesiasticae tam theorice, quam practice fideliter excerptum juxta Gregorianam bulla (2 vol., Rom 1714) – a work concerning immunity in canon law
– Giovanni Battista de Luca, Theatrum veritatis et iustitiae (18 vol., Cologne 1688) – De Luca’s famous often reprinted encyclopedic overview of all fields of law
– Camillo della Ratta, Theatrum feudale (2 vol., Naples 1637) – a work on feudal law – online, volume 1 and 2, Madrid, Universidad Complutense (at the Hathi Trust Digital Library)
– Jacob Döpler, Theatrum poenarum (2 vol., Sondershausen-Leipzig 1693) – a work on penal law – description
– Anton Wilhelm Ertl, Neu-eröffnete Schau-Bühne, Von dem Fürsten-Recht (Neurenberg 1702) – a book about princes and the law
– idem, Neu-Eröffneter Schau-Platz der Lands-Fürstlichen Ober-Bottmässigkeit (Neurenberg 1694)
– idem, Theatrum Superioritatis Territorialis Noviter Extructum (Augsburg 1684) – these two titles are clearly the Latin original and the German translation of a book on the territorial power of princes
– Adam Joseph Greneck, Theatrum Jurisdictionis Austriacae (Vienna 1752) – an encyclopedia on jurisdiction within Austria
– Georg Philipp Härsdorffer, Der Grosse Schauplatz Jämerlicher Mordgeschichte (8 vol., Hamburg 1649-1652) – a collection of murder stories and trials – description
– Carl Johnson / Joachim Meier (transl.), Schauplatz der englischen See-Räuber (A general history of the robberies and murders of the most notorious pyrates) (Goslar 1728) – a book about pirates and piracy
– Milettus Hedrusius, Neu-eröffnete Mord- und Trauer-Bühne (Schwabach 1708) – murder stories
– Johannes Franciscus Löw, Theatrum Medico-Juridicum (Neurenberg 1725) – a collection of treatises on forensic law
– Johann Christian Lünig, Theatrum Ceremoniale Historico-Politicum (3 vol., Leipzig 1719-1720) – a pioneer work about elections and political ceremonies – description
– Karl Philipp Mentzel, Neuestes Teutsches Reichs-Tags-Theatrum (Neurenberg 1733) – a book about the German Reichstag from 1662 onwards
– Johann Joachim Müller, Des Heiligen Römischen Reichs, Teutscher Nation, Reichs Tags Theatrum (2 vol., Jena 1713) – the German Reichstag between 1440 and 1493
– Melchior Adam Pastorius, Theatrum Electionis Et Coronationis Romano-Caesareae (Frankfurt am Main 1657) – not only about the election of German emperors, but with an overview of emperors since Roman antiquity
– Antonio Javier Pérez y Lopez, Teatro de la legislacion universal de España é Indias (28 vol., Madrid 1791-1798) – legislation in Spain and its colonial empire
– Johannes Friederich Reiger, Theatrum juridicum theoretico-practicum (Neurenberg 1724 and 1740) – a German translation of Justinian’s Digest
– Johan van den Sande, Theatrum practicantium hoc est decisiones aureae sive rerum in supremo Frisiorum curia judicatarum (Cologne 1663) – a collection of cases before the Frisian supreme court in Leeuwarden
– Johann Salomon Schülin, Theatrum Conscientiosum Criminale, (2 vol., Frankfurt / Leipzig 1732-1733) – a handbook for procedures in criminal law
– Christoph Heinirch Schweser, Theatrum Servitutum oder Schau-Platz Der Dienstbarkeiten (Neurenberg 1709) – a handbook on legal servitudes and service contracts
– Carlo Spadazza, Theatrum viduile, seu De viduis, ac priuilegiis viduilibus Tractatus absolutissimus, tum legalis, tum moralis, in quo tota viduilis materia elaborata methodo explanatur (Ferrara 1672) – a treatise about widows with attention to relevant law – online, Florence, Biblioteca Nazionale Centrale (at Internet Culturale)
– Mattheus Surrentinus [Matteo Sorrentino], Theatrum et examen omnium decisionum regni Napolitani (Naples 1700) – a collection with jurisprudence from the ingdom of Naples
– Trobat, Juan Bautista: Tractatus de effectibus immemorialis praescriptionis et consuetudinis. Pars secunda, cum miscelanea casuum, et decisionum in Iurisprudentiae Theatrum (Valencia 1700) – a treatise on customary law
– Nicolás Bas y Galcerán, Theatrum jurisprudentiae forensis Valentinae romanorum iuri (2 vol., Valencia 1742-1762) – a book about legal practice and jurisprudence in Valencia
– [Zacharias Zwanzig], Theatrum Praecedentiae (Berlin 1705) – a treatise touching on international law and ceremonial law – description

With some 35 works in a selection of 200 books law and jurisprudence seem well represented. It is a pity that in view of a total of some 180 descriptions you find here for just seven legal works a specially created description. However impressive this list, it does lack at least one noted legal work, the Amphitheatrum legale of Agostino Fontana (4 vol., Parma 1688 – online, Hathi Trust Digital Library). On the other hand Jean Bodin’s Universae Naturae Theatrum (1596) has been included with a useful introduction. Sadly the list does not have for each work a description or a link to a digital version either from the collections of the Herzog August Bibliothek or elsewhere, and I have tried to supply such additional information here. On the other hand, in the case of the Theatrum Europaeum one is duly guided to a digital version of a later edition (21 vol., Frankfurt am Main 1646-1738; online at Augsburg).

In mentioning the Theatrum Europaeum we arrive at a central problem in dealing with this project. If the scholars creating the project had already difficulties in dealing with legal texts, how can a general user determine the nature of a particular work? In my view there is only one road to answer this question, to take the time to get hold of a work or to view a digital version, and to look beyond the title page. In this respect it would also have been helpful to have a translation of the book titles in Polish. In an earlier post I wrote about the Theatrum Europaeum as a useful source for the text of peace treaties. I am sure I have missed some works with legal contents in this list, but I have also excluded on purpose in my selection works on geography which surely do contain information about legal matters in a particular region or country.

Behind the scenes

How representative is the selection of works at Welt und Wissen auf der Bühne? It did cross my mind to look at the digital projects for baroque literature at the Universität Mannheim. The CAMENA project created a network of digitized works from the early Modern period, with for law a number of works in the section Historica & Politica. The Universal Short Title Catalogue (USTC, University of St. Andrews) has as its aim bringing together sixteenth-century books. I invite you to check the digitized works at the Heinsius Collection of Neo-Latin works published in the Dutch Republic (Universiteit Leiden), to visit the website for Nordic Neo-Latin literature (Universitetet i Bergen), or to walk through the alphabetically ordered Philological Museum (Dana Sutton, University of Birmingham). The German project does include only three titles for music, and the USTC, too, gives a very restricted number of similar titles. In its present state it does already offer a fairly complete overview of literature with some form of theatre in its title published during this period.

More incisive is the question how important these legal works were and are: do we have here a parade of the great and influential works? It is safe to say that at least De Luca’s work was most influential. Of some authors we have here less well-known works: Lünig (1662-1740) is better known for his massive Das Teutsche Reichsarchiv (24 vol., Leipzig 1710-1722; digitized at Augsburg) and his Corpus iuris militaris (2 vol., Leipzig, 1723). However, his book on ceremonial law is indeed a landmark, and its importance has been highlighted in a book by Miloš Vec, Zeremonialwissenschaft im Fürstenstaat. Studien zur juristischen und politischen Theorie absolutistischer Herrschaftsrepräsentation (Frankfurt am Main 1998). The selection of lawyers in Dahlmann’s Historischer Schauplatz is definitely not what you would expect nowadays of a book with juridical biographies, but this helps in fact to become aware of our own predefined ideas and conventions. One of the strengths of the project at Wolfenbüttel and Kassel are the references to relevant literature, even if this is often restricted to literature in German. A number of these modern scholarly texts can be read online.

The project title World and Knowledge on Stage itself immediately remembered me of proverbial lines by Joost van den Vondel, a seventeenth-century Dutch author: De wereld is een speeltoneel, elk speelt zijn rol en krijgt zijn deel, ‘the world is a theatre, everyone plays his role and gets his part”. These words were composed for the opening of the municipal theatre of Amsterdam in 1637 and put above its entrance. Maybe this echoes a thought expressed by Erasmus in his Praise of Folly (ch. 29)A second proverbial saying of Vondel brings us closer to law: “De wetten zwijgen stil voor wapens en trompetten” [The laws are silent in front of weapons and trumpets]. The metaphor of the theatre helps us to look for the roles people played and the subjects brought to the limelight or left in the wings. It struck me how many titles in the German project refer to wars and conflicts. Any title with the word theatre invites you to enter a different world. You might encounter unfamiliar laws or meet a kind of justice that functions differently than you had imagined before.

Images, words and the law

However seducing texts are as sources to gain new knowledge, images do rightfully claim our attention, too, nay stronger, they are even more seducing and intoxicating than texts. Legal iconography is the auxiliary science to history and law which studies the uses and abuses of imagery in law and justice. A few months ago I was attracted to a building with both images and texts in an intriguing combination. Very close to it is a statue of a man who has been responsible as few others before him for introducing images as an educational tool. Here I would like to share with you a few thoughts about this building and about the role of images in teaching and research.

The town hall at Naarden

Map of Naarden by Jacob van DeventerThis summer I visited the town of Naarden, some twenty kilometers to the south-east of Amsterdam. Jacob van Deventer’s map of Naarden, part of the cartographic project for the Spanish king Philip II, shows a town with medieval city walls, no match for the modern weapons of the sixteenth century. During the Dutch Revolt Spanish armed forces attacked Naarden in 1572 with brutal force. The soldiers murdered the inhabitants and destroyed the city almost completely. The Grote of St. Vituskerk with its famous painted wooden vaults survived. Afterwards Naarden became a fortified town, even an archetype of the Dutch fortification system, as you can see when visiting the Vestingmuseum.

The town hall at Naarden

Among the buildings rebuilt in Naarden after 1572 is the town hall in Dutch Renaissance style, completed in 1601, almost thirty years after the tragic events. Whatever form the medieval town hall might have had, its new incarnation still looks splendid. On the facade not just blazons and statues all convey their particular visual message, Three texts have been added to bring yet another message.


On closer inspection two of these texts are really two versions of the same message. The Latin text to the left has been superbly condensed into Early Modern Dutch. The Latin reads: Quidquid erit superanda / omnis fortuna ferendo est, “whatever the event may be, every turn of fortune has to be subdued by bearing it”, a quote from Vergil’s Aeneid (V,710). Surprisingly the Dutch is much more condensed, but succeeds in adding also a significant twist: Ist lyden ist vreucht / Draeght soo’t God vuegt, “be it suffering or joy, bear it when God brings it”. Here classical Antiquity is invoked at the service of the civil authorities, but at the same time subtly christianised.

The pious overtones are much clearer in the inscription below the tympanum above the entrance, Godt regiert al anno 1601, “God governs everything, in the year 1601”. The tympanum is crowned by allegorical statues representing Faith, Hope and Justice, the latter in the middle portrayed in the familiar way of a blindfolded woman with a balance and a sword. On the top of the left part of the facade is an allegorical statue of Love, the right part is crowned by the Dutch lion. The blazons below the first floor windows are those of the county of Holland (a lion rampant), of prince Maurice of Oranje, and West-Friesland. In the tympanum you can see the blazon of the Habsburg emperors, the Austrian Doppeladler, the double eagle, which is also the blazon of the city of Naarden.

Emblems: combining images and text

Combining texts and images is of course not something new, but in a way it is here at least a bit unexpected. At first the brief Latin proverb and its wonderful crisp and concise Dutch rendering led me to speculate about a very particular influence. Justus Lipsius (1547-1606), the great Flemish political theoretician who taught some years at Leiden was also known as an editor of Tacitus. He influenced Pieter Cornelisz. Hooft (1581-1647), a prolific author and for forty years bailiff of Muiden Castle near Naarden. He wrote his Nederlandsche Historiën, a history of the Low Countries in difficult prose, clearly modelled on Tacitus’ works. Hooft published in 1611 Emblemata amatoria, a volume of emblems, symbolic images with a motto and didactic verses. However, we must rule out this argument as a possible source of influence for the decoration of the town hall in Naarden, simply because Hooft was much too young in 1601 to exercise any influence. I was genuinely surprised, too, to find Vergil as the author of the quote, not Tacitus. Instead one could perhaps better look at the early works of Hugo de Groot (1583-1645). A search for possible direct influences at Naarden can be quite long. A quick search for Dutch literature citing Vergil’s words in the Digitale Bibliotheek voor de Nederlandse Letteren (DBNL) brought me to Jacob Andriesz. Boelens (1554-1621), a burgomaster of Amsterdam often active on special missions in the early seventeenth century whose motto was Superanda omnis fortuna ferendo. It is a tantalizing hint which needs further corroboration.

The literary genre of emblematic literature was launched by one of the most famous humanist lawyers, Andrea Alciato (1592-1550) with his volume Emblemata (first edition Augsburg: Steyner, 1531). In 1529 he had already published Selecta epigrammata Graeca Latine versa (..) (Basel: Bebel, 1529; online in Göttingen). It is intriguing to look for an emblem which might have influenced the choice of a text at Naarden. Access to early editions of emblem books is much helped by four major online projects, at Glasgow for Italian and French books, at Utrecht for Dutch books, mainly from the seventeenth century, the project Emblematica Online of the University of Illinois at Urbana-Champaign and the Herzog-August-Bibliothek Wolfenbüttel, and the Biblioteca Digital de Emblemática Hispánica of the Universidade da Coruña.

Emblem no. 34 from Alciato's Emblemata in the edition 1546

Et toleranda homini tristis fortuna ferendo est, Et nimium felix saepe timenda fuit. Sustine (Epictetus dicebat) et abstine. Oportet Multa pati, illicitis absque tenere manus. Sic ducis imperium vinctus fert poplite taurus In dextro: sic se continet a gravidis.

The online collections at Glasgow has a separate section for Alciato. In his emblem collection the first line Et toleranda homini tristis fortuna ferendo est of an emblem appearing in the section Fortitudo comes closest to the quote from Vergil. In the edition Venice 1546 you will find this as no. 34, the emblem Anechou kai apechou / Sustine et abstine, at fol. 29v. In later editions this emblem has either no number or it appears with a different number, and thus it is really necessary to indicate exactly which edition you happen to use. For our emblem you would find it for example in the Paris 1550 edition on page 41. The image shows a farmer who keeps bulls away from cows. The Glasgow project has a useful list of the mottos and their occurrences in the main editions of Alciato’s text, and the Alciato website by William Barker is also most helpful in tracking emblems, mottos and verses; you can even find an English version of this emblem. However, this is only a possible indirect source or inspiration behind the choice for a verse with an admittedly more pointed and direct meaning, The emblems in the section Fortuna might be the first spur for searching a text, in particular the emblem Semper praesto esse infortunia.

Teaching by images

Statue of Comenius in Naarden

Why do I refer here at length to Alciato’s work and the role of images in connection with the town hall in Naarden? Across the street with the town hall of Naarden is the Grote or St. Vituskerk, and between the church and the town hall is a statue commemorating the Czech theologian, philosopher and pedagogue Jan Amos Comenius (1592-1670). From 1656 onwards he had found a refuge at Amsterdam. Comenius had contacts in Naarden, and he was buried in a church at Naarden. The Comeniusmuseum keeps his memory alive. Among his works are books such as the Ianua linguarum reserata [The open port of languages] (1631) which developed a new model for teaching Latin and other languages, and the Didactica magna (1633-1638), his opus magnum with a new comprehensive view of children’s education. The possible connection between Comenius and legal iconography is offered in particular by his Orbis sensualium pictus [The world of senses in images] (1658), the first book recommending and exemplifying the systematic educational use of images. In this work he uses for example pictures to help children learning the alphabet. In the space of this posting I can at least point you to the Bibliothek für Bildungsgeschichtliche Forschung in Berlin. Its digital library contains among other things early illustrations from pedagogical works.

More than a century before Comenius Alciato and others had introduced first a learned public and later also a wider public to a very successful combination of images and texts. The taste for this genre was at least sometimes mirrored by architecture. Alciato brought to the new emblematic literature his own legal background which made it a potential useful resource for anyone looking for outspoken combinations of images, concise proverbial sayings and often exquisite poetry. Somehow the presence of this literary genre makes it far more conceivable that lines from classical poetry can embellish buildings. As for which specific emblems collection provided Dutch people the clue for their choice I suppose you will need to look at many different collections, not just the Latin collections, but also those in Dutch and French, and even collections published in Spain.

Promises of more…

Sofar we have only looked at the facade of the town hall in Naarden. It would be really interesting to look also inside the town hall at the interior where you can find for example two seventeenth-century paintings in the city court room. I am sure you cannot separate them completely from the intriguing facade. The digital portal Memory of the Netherlands offers you a very quick entrance to images of both inside and outside the stadhuis at Naarden. Some photographs are already a bit older and reflect to some extent earlier scholarly approaches. For further research you will no doubt benefit from the resources at the municipal and regional archives in the Gooi- en Vechtstreek, located in Naarden and Hilversum.

This week I saw the 2013 online exhibition The Nomos of Images. Manifestations of the law in picture atlases and photo archives created by the Photothek of the Kunsthistorisches Institut in Florence. Some images in this virtual exhibition come from the Sammlung Karl Frölich at the Max-Plank-Institut für europäische Rechtsgeschichte in Frankfurt am Main, a collection with photographs taken between 1930 and 1950 which eventually will be digitized. In my view it can be most helpful to use both older resources and new materials to help research in the field of legal iconography. This post gives only some indications of directions you might choose for further investigations, but hopefully it helps you to get a taste of them.

A postscript

At the blog Interfaces/Livres anciens de l’Université de Lyon appeared on November 24, 2014 a very interesting contribution about Comenius, ‘Comenius, un pédagogue de l’avant-garde’. This year the digitization of the Sammlung Karl Frölich has been completed.

The dog, the cat and the mouse: animals and legal history

Monkeys playing slaves - sculpture in wood - source: Kommissio für das Deutsche Rechtswörterbuch, Heidelberg

Man and animals live together since the domestication of a number of animals many thousand years ago. Through the ages they often got along quite well, but sometimes man needed the law to deal with the unexpected behaviour of animals. The company and companionship between women, men and animals is not completely harmless or effortless. Relationships ranged and range today from animal worship and sometimes almost human care for pets at one end to harsh treatment as mere objects and outright systematic cruelty, serving mankind in the end as food, provider of skins, cruel entertainment and other goals.

In a conference on Das Tier in der Rechtsgeschichte [Animals in legal history] at Heidelberg from April 2 to 4, 2014, legal historians and other scholars will discuss several aspects of animal and human life and the interaction between them. The program of the conference at Heidelberg has been created in cooperation with the commission for the Deutsches Rechtswörterbuch. In this post I will look at some aspects of the interaction between animal history and legal history. This is an occasion, too, to look at the Deutsches Rechtswörterbuch, one of the typical German dictionary projects.

Of man and beasts

Animals are no aliens in legal history. Especially in German legal history animals come into view already early. I invite you to look for example at images from medieval bestiaries in Bestiaire du Moyen Âge, a virtual exhibition of the Bibliothèque nationale de France (interface French, English and Spanish), They are portrayed in various ways in the famous illuminated manuscripts of Eike von Repgow’s Sachsenspiegel. In April Dietlinde Munzel-Everling will discuss the animals in the Sachsenspiegel. Jacob Grimm, one of the pioneers of German academic legal history did not only study and publish versions of the medieval animal epic about the fox Renard in his Reinhart Fuchs (Berlin 1834). In an earlier post here I looked in more depth at the various versions of this much liked medieval story. His explanation of German words in his Deutsche Grammatik (first edition Göttingen 1819) often included historical explanations. The word vogelfrei, meaning literally and originally “free as a bird”, was in the context of exiled people and victims of execution who were denied a funeral narrowed to “delivered to the birds”. No doubt Grimm will figure in the contribution of Michael Frosser-Schell on animals in his edition of the Weisthümer (6 vol., Göttingen 1840-1878).

At the conference in Heidelberg a physician and a theologian will help looking at animals and legal history from different academic disciplines. Wolfgang Eckhart will look at relations between humans and animals from a cultural and medieval perspective. Martin Jung will look at animals in early French protestant theology. Apart from a section on animals in some selected legal sources the conference has sections on animals in public and private law, both in towns and rural areas, animals and their roles in criminal law, animals and law in art and language, and finally a section looking at animals in Spanish law (Marita Giménes-Candela) and animals in the German and French Enlightenment (Ulrich Kronauer). In this last contribution the change in views about the maltreatment of animals will be discussed.

Legal procedure is a subject in the contribution of Inge Kroppenberg about the damnatio ad bestias in Roman law. Peter Dinzelbacher, too, will look at Tierprozesse, criminal procedures against animals. The hanging of dogs is the theme of Stephan Meder’s contribution. Hopefully they pay due respect to the classic study The criminal prosecution and capital punishment of animals by Edward Payson Evans (London 1906; reprint London 1987), but follow also the example of historians such as Esther Cohen to look beyond cases to their context and to patterns of argumentation. For studies about animal behavior and views about animals it is worth looking at the Animal Studies Bibliography created at Michigan State University. The College of Law at this university is home to the Animal Legal & Historical Center where you can conveniently search for specific historical cases and subjects, broader themes and jurisdictions.

Animals, law, history and the German language

Logo Deutsches Rechtswörterbuch

In the second part of this post the Deutsches Rechtswörterbuch (DRW) takes pride of place. German scholars have a fine tradition of creating and editing dictionaries, with without any doubt the Deutsches Wörterbuch started by Wilhelm and Jacob Grimm as one of its major feats. The long time it takes to create such dictionaries is almost proverbial for the tenacity of German scholarship. A second association with these enterprises are the efforts of the various German learned academies. Not only academies with a budget for these projects, but also scholarly teams have the courage to start them, for example the team of 400 scholars behind the second edition of the Handwörterbuch zur deutschen Rechtsgeschichte (HRG). The online version of the HRG gives you free access to the list of entries and keywords, some examples and to excerpts of the other articles. Paid subscription is necessary for full access to the complete online version, but you can buy PDF’s of separate articles.

The project for the DRW was started in 1897 by the Prussian Academy of Sciences. Since 1959 the Heidelberger Akademie der Wissenschaften leads and finances the project. This academy supports also the Dictionnaire Étymologique de l’Ancien Français. The idea for a dictionary of the German legal language comes from the philosopher Gottfried Wilhelm Leibniz. On the website of the DRW you can view the original printed version, a digital version and a summary of each article. The DRW has now reached the word Schulbuch. The website of the DRW contains an introduction in English and French to facilitate its use. For the DRW a great number of sources from Germany and elsewhere for example from the Netherlands, has been digitized on a separate website, where you can search in specific sources; you can check this overview with a list of the digitized titles. A list with externally digitized relevant sources counts some 1,300 titles. The DRW has a special text archive for full text searches. Thanks to scholars such as Grimm the scope of the DRW is not just the legal language of Germany, the former Holy Roman Empire. Grimm wanted it to cover all languages of the Western Germanic language family. Thus Old English, Anglo-Saxon, Old and Middle Dutch, Old Frisian and even Lombardic, and the several medieval phases of the German language are included.

As with any dictionary created over a long time span the early parts of the DRW are not as rich as later volumes. The first volume appeared in 1914. The presence of digitized resources helps you to extend the examples adduced for early and later articles of the DRW. Let’s look for example at the cat (Katze) (DRW VII, col. 563-564). The cat figures gruesomely in a punishment dating from the Early Modern period in which someone was to be put into a sack with some living animals, among them a cat. The Katze was also the nickname of a punishment or a prison. The DRW links directly to other general German dictionaries, and indicated further textual sources, where you can even exclude certain word forms. Interestingly the ten additional textual examples from digitized sources for the cat stem all from Old Frisian law, mainly from the Westerlauwersches Recht, W.J. Buma (ed.) (Góttingen 1977). Here the cat is one of the animals which when they cause damages oblige their owner to pay only a part of the normal sum of money to be paid as a fine. The cat gave its name also to a number of following entries in the DRW which you might look up yourself.

I owe you here information about the other animals figuring in the title of my post. The mouse (Maus) is only very rarely mentioned in a legal context (DRW IX, col. 380). In fact the evidence from a trial according to canon law Tirol around 1520 given by the DRW has already been printed by Evans (p. 259-260) in Appendix A of his study from a German almanac for 1843. As a Dutchman I can dream of a case of mice invading a room with Dutch cheese! Combining cats and dogs in the title of this post was seducing, but I could have guessed easily that a dog (Hund) would only for its literal sense take very much space in the DRW (VII, col. 53-61). However, the hunting dog (Jagdhund) has an entry for itself (DRW VI, col. 356-357), with additional entries for such subjects as the servant dealing with hunting dogs. I could not help smiling at the wonderful long compound German word for the very brief separate entry concerning the costs of the care for a hunting dog, Jagdhundverpflegungskosten.

Mistaking the scope of dictionaries

Even if you can detect limits to the range and quality of the Deutsches Rechtswörterbuch you should remember that most languages do not have any kind of legal-historical dictionary worthy of a comparison with the DRW. Many people in my country complain about the largest dictionary – nicknamed the Dikke Van Dale [The Fat Dictionary] – it does not explain everything like an encyclopedia. They would be baffled by the Woordenboek der Nederlandsche Taal (WNT) which looks very much like an encyclopedia of the Dutch language from 1500 to roughly 1925. Its sheer size makes it the largest existing dictionary of any language. You will forgive me this paragraph when I tell you on this website you can even find words from the Lex Salica using the combined search mode of the WNT with dictionaries for Old Dutch and Middle Dutch. A dictionary of the Frisian language is also present on this website. Verily the DRW is not an encyclopedia, and also not a lexicon of juridical constructions and concepts, for which you can turn to the HRG.

I would have liked to comment on the image with the chained apes, presumably a wooden sculpture somewhere in Germany, but I have not yet found more information about it. At the end of this post I would like to turn from history to the present, For a dictionary of current legal German you can consult online for example the Rechtswörterbuch, which brings you also to current German laws and legal study books. Animals in contemporary German law are the subject on the website of the foundation Tier im Recht. When I looked at this website with a poodle staring at you Germans will remember Goethe’s words in Faust about the heart of the matter, des Pudels Kern. In my opinion the various ways we looked and look at, dealt and deal with animals can say much about our attitude towards people, life and nature. The story of animals and animal law is not to be detached from human history, because it tells us about both the bright and darker sides of human life, our views of culture and society, its order and limits.


An early detective? Jan van Scorel and a supposed papal murder case

PopeAdrian VI - painting by Jan van Scorel, 1523 - Utrecht, Centraal Museum

Pope Adrian VI – painting by Jan van Scorel, 1523 – Utrecht, Centraal Museum

If you had told me in 2013 I would one day write about legal history and graphic novels I would have severely doubted the truth of such a statement, but suddenly this combination became a reality when I heard about an exposition at the Centraal Museum in Utrecht, my home town. The focuses of the exhibition are a sixteenth-century Dutch painter, Jan van Scorel (1495-1562), and contemporary artist Paul Teng. Together with writer Jan Paul Schutten Teng has created a graphic novel on Van Scorel and his investigation of a mysterious death in Rome. Pope Adrian VI, the only Dutch pope, reigned the Catholic Church for only one year. His death on September 14, 1523, came rather suddenly. Jan Paul Schutten and Paul Teng created a story using historical facts to create a fictional account of a murder investigation started by Van Scorel who suspected that his compatriot might have been murdered. Jan van Scorel, Sede Vacante 1523 is the title of both the graphic novel and the exhibition. The 80 page book has also appeared in an English version.

The entrance to the exhibition at the Centraal Museum

In this post I would like to look at the creative process of two contemporary artists working with historical facts and their own imagination. Rumours that Adrian VI’s death was caused by poison have never been conclusively confirmed nor rejected as utter fantasy. The pope died after an illness of a month. An anecdote states that the Roman people thanked the physician who had taken care of the ailing pope. For the preparation of the graphic novel Teng and Schutten used historical sources. They looked carefully at the history of art in the early sixteenth century, helped by the collections of the Centraal Museum with several paintings by Van Scorel.

Setting the scene

Paul Teng took much care to make the historical surroundings of his novel as realistic and reliable as possible. He used early sixteenth-century paintings, drawings and engravings to ensure that locations in Rome and elsewhere are depicted faithfully. This means for instance that the basilica of St. Peter’s and the Vatican itself are shown as building sites. In the gallery with some photographs I took at the exhibition you can see other aspects of the creative process as well. From a story board with dialogues written by Schutten Teng took his lead to make sketches of the story. The exhibition shows the full sequence of the book in black and white. Some scenes are shown in their final coloured version. People are invited to draw themselves a page of a graphic novel on a chosen theme,

Accumulating functions and wealth


Pope Adrian VI (1459-1523) was born at Utrecht as Adriaen Floriszoon Boeyens. He studied theology at the university of Louvain, and he became a professor of theology at this university in 1489. In 1507 the Habsburg emperor Maximilian asked him to become one of the teachers of the future emperor Charles V. In 1516 he became the bishop of Tortosa in Spain. A year later he was created a cardinal. Charles V made him 1518 inquisitor-general of Castile and Aragón. Adrian became even the regent of Spain. During the minority of Charles V he had already been co-regent of Spain together with cardinal Francisco Jimenez de Cisneros.

Statue of Christ Saviour in the facade of Paushuize, Utrecht

Until 1522 Adrian got a large part of his income from prebends at several collegiate churches in the Low Countries and Spain. The very number of prebends pope Julius II allowed him to have in 1512 was restricted to four. Adrian finally became a canon of four churches in Utrecht: he was a canon at St. Peter’s and at Utrecht Cathedral (St. Martin’s) , treasurer of St. Mary’s and provost of St. Salvator’s (Oudmunster). However, the actual number of prebends he held was larger, and two prebends were shrewdly changed into annuities. His canonry at St. Peter’s in Utrecht enabled him to designate premises within the immunity of St. Peter’s as the site of a large house, a palace really, where he would have liked to live in Utrecht in good time. Adrian never saw the palace still called Paushuize, “The Pope’s House”. Interestingly, a statue in the facade shows Christ Saviour as a reminder he was the provost of the Salvator collegiate church. R.R. Post unravelled the history of these prebends in a fine article published in 1961 [‘Studiën over Adriaan VI. De beneficies van Adriaan VI’, Archief voor de Geschiedenis van de Katholieke Kerk in Nederland 3 (1961) 341-351; online at the Trajecta portal for the ecclesiastical history of the Low Countries, with digital versions of five scientific journals in this field].

There is a clear paradox between Adrian VI’s reputation as a pope who wanted the Church to live humbly, without unnecessary adornments and wealth, and his personal history in which he combined a large number of offices and accompanying revenues. In one of the scenes in which Teng depicts a meeting between pope Adrian and Jan van Scorel they discuss the plan to select art treasures from the Vatican’s holdings in order to sell them off to get money for the empty papal treasury.

The graphic novel opens with a scene showing a ritual which was long said to exist, the formal test done by the camerlengo to ascertain a pope’s death, by calling out thrice his baptismal name, “Adriane, dormisne” (Adrian, are you sleeping?), and giving a slight blow on his head with a special hammer. It is hard to find any real evidence for this custom, which if it really existed at all already ceased to happen in the seventeenth century. Today the camerlengo still has the task to certify the death of a pope. However, it is certainly followed by the immediate destruction of the papal ring, an element Teng and Schutten correctly added immediate after the scene with the probing camerlengo.

Here I will not spoil the joy of anyone wanting to enjoy and read the book by Teng and Schutten by giving away the plot or pronouncing verdicts on the historical veracity or plausibility of the facts they describe. They admit to have added some minor figures to ensure the story can run as it does. Giving Van Scorel a servant is just a time-honoured homage to the practice of detective novels with an investigator and his faithful assistant. The story told by Teng and Schutten can serve as an invitation to look anew at the stories historians like to tell. They can learn from the skillful way Teng shows a sequence of scenes, using for example close-ups to focus on details or general scenes to set the background of events. The funeral of pope Adrian VI in the basilica of St. Peter’s which for a large part still lacked a roof, is shown in true detail.

Adrian’s burial at St. Peter’s was followed by a translatio of his body in 1533 to the church of Santa Maria dell’Anima in Rome. By the way, this church started its life as a hospice for pilgrims founded in 1350 by Jan Peters, a rich baker from Dordrecht. The German project REQUIEM on the tombs and monuments of opes and cardinals in Rome between 1500 and 1800 has an extended entry on this monument. At his tomb in St. Peter’s the inscription said Adrian had considered his duty to reign as the most unhappy part of his life. The inscription on his large-scale monument within the Santa Maria dell’Anima reads in translation: “O how much does the time matter in which the virtue of even the best man happens”. These words seem to have inspired the title of the latest biography of pope Adrian VI by Michiel Verweij, Adrianus VI (1459-1523) : de tragische paus uit de Nederlanden (Utrecht 2011). At Deutsche Inschriften Online you will find the book by Eberhard J. Nikitsch on the inscriptions of this church, Die Inschriften der “Deutschen Nationalkirche” Santa Maria dell’Anima, I: Vom Mittelalter bis 1559 (Rome 2012). The essays in the exhibition catalogue De paus uit de Lage Landen Adrianus VI, 1459-1523 (Louvain 2009) help to put Adrian’s life into perspective.

Jan van Scorel came back to the Low Countries imbued with Renaissance ideas which he promptly used in his paintings. The great German art historian Max Friedländer once said Van Scorel had a role for Dutch painting in the sixteenth century similar to that of Peter Paul Rubens for Flemish painting in the next century. In particular his group portraits were an important innovation. In 1528 Van Scorel got a canonry at St. Mary’s in Utrecht, thus giving him a part of the financial background which had helped Adriaen Boeyens during his long ecclesiastical career. Last year I wrote a post about the project Medieval Memoria Online. Jan van Scorel is connected to several memorial objects. A part of the floor slab of his grave from the collegiate church of St. Mary’s  is now kept at the Museum Het Catharijneconvent in Utrecht (MeMo no. 3006). His group portraits of members of the Jerusalem confraternities in Haarlem and Utrecht are also described in the MeMo database (MeMo nos. 669, 671, 672, 716 and 746).

History, historians and images

Let’s close this post with a number of questions: can historians still create stories mainly using words? Is it not necessary nowadays to be at least very much aware of the imagery created by visual media? The creators of blogs are familiar with these questions and try to provide their own answers. Especially when a story does not unfold itself in the standard way movies and televisions series like to show them it is important to be aware of the (visual) expectations of your public. If people ask you for telling images, they are absolutely right to ask this from you! It will be your duty to come with reliable images or to tell what illusions, allusions and deviations images might contain. Professional pictorial research is most certainly one of the historian’s duties. You will need both your imagination and sound knowledge, helped by historical images, to create images in the mind of your readers which help both you and them to get to the core of historical events and persons. Misgivings about historical inaccuracies that occur in the choice or the use of images should not be the final aim of any criticism, but an outright challenge to produce yourself history which benefits substantially from the proper use of images and imagery.

Jan van Scorel, Sede Vacante 1523 – exhibition Utrecht, Centraal Museum, October 19, 2013 – January 19, 2014
Jan van Scorel, Sede Vacante 1523, drawings by Paul Teng, scenario by Jan Paul Schutten, colours Dina Kathelyn Tourneur (Eindhoven: Lecturis, 2013; 80 p.; ISBN 978-94-6226020-7)