Tag Archives: Narrative history

Legal rhetorics and reality in Early Modern France: The factums

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

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

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

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

Getting a fuller picture

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

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

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

A new generation of scholars

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

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

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

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

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

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

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

At Clermont-Ferrand the university library has started the digitization of the 1100 factums in 40 volumes of the Cour d’Appel at Riom. As for now you can consult already nearly 100 factums collected by Jacques Godemel, and also one hundred factums collected by Jean-Baptiste Marie which cover the period from 1792 to 1812.

Searching more collections

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

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

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

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

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

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

A postscript

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

Eric Panthou alerted me to the additions to the digital collection at Clermont-Ferrand for the Cour d’Appel de Riom. It contains now nearly 900 factums in four collections. nThe Bibliothèque Clermont Université will organize a one-day symposium concerning factums on June 19, 2017, Valorisation d’une source historique originale : la numérisation des factums de la Cour d’Appel de Riom.

At a few turns i have complained in the past about the lack of attention to sources for French customary law in Gallica. For some years the section Essentiels du droit dealt only with law at the national level. The new subsection Sources du droit coutumier et local fills this evident gap. The only snag is that you cannot click on the images of the title pages on the starting page, you will have to use the menu on the left. At the portal Fontes Historiae Iuris (Université Lille-2) you can find not only editions of French customary law but also treatises about them.

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Dutch legal history in two stories

The latest online issue of the Rechtshistorische Courant, the fine monthly news bulletin on Belgian and Dutch legal history edited with zest and much esprit at the Department of Legal History of Ghent University, alerted its readers to a new website created by the Westfries Archief and the Westfries Museum in Hoorn about the oldest share of the Dutch East Indian Company. Hat tip to Ghent! Yesterday I presented you a story from the province of South Holland, now it is the turn for North Holland. Looking at the website of the West Frisian Archive I literally bumped into another story touching Dutch legal history worth presenting and retelling here, if only because it forms also part of a new website presenting narrated history from the province of North Holland, Oneindig Noord-Holland [Infinitely North Holland], well worth looking at in some depth.

Logo Oneindig Noord-Holland

The oldest share of the VOC

Calling a website The Oldest Share is a nice start in itself to attract the general public, merchants, business men, lawyers and historians at the same time. The Dutch East Indian Company – abbreviated in Dutch VOC – was founded on March 20, 1602, by the Dutch States General, and endowed with a monopoly on transport to and merchant activities in the Indonesian archipelago. Shares were issued to finance this trade company. In 2010 Ruben Schalk, a history student at Utrecht University, traced the earliest existent share from 1606 at the West Frisian Archive in Hoorn. The share was bought by a Pieter Hermansz. who invested 150 Dutch guilders into the VOC. Hoorn was one of the towns at the former Zuiderzee, now the IJsselmeer lake, which formed a kamer, a chamber with a number of seats in the Heeren Zeventien, the “Lords Seventeen”, the governing body of the VOC. The Chamber of Amsterdam was undoubtedly the most powerful element in the governing body. The VOC was also granted sovereign authority to conclude treaties and to engage in acts of war against countries competing for hegemony on the high seas, including privateering.

The new website for which also an English version has been created tells you the story of the discovery. You can look at the share in depth, both in a viewing mode which enables you to flip through the pages, and in a so-called deciphering mode. By pointing to the lines of the list of notes on the payment of dividend, in this case between 1606 and 1650, a pop-up window opens with a transcription of and information about the notes. One of the more troubling stories about the finding of this oldest VOC share is that a slightly older share – just three weeks! – was apparently until 1980 at the municipal archives in Amsterdam but somehow ended in the hands of German collectors. The early shares bring new light on the financial position of the VOC in its early period. Things were financed less easily than historians had assumed.

Of course one can debate whether the Dutch East Indian Company was really the first modern company to issue shares and to loan money on the financial market, a paramount example of mercantile capitalism in Early Modern Europe. It surely was not the first company with shareholders. Medieval merchants developed a number of ways to spread the risks of their enterprises. Financial cooperation between merchants in Italy and Flanders and their bankers started already in the twelfth century, a story well retold in a chapter of Wim Blockmans’ beautiful book Metropolen aan de Noordzee. De geschiedenis van de Nederlanden, 1100-1560 [Metropoles at the North Sea. A history of the Low Countries, 1100-1560] (Amsterdam 2010).

To my surprise the new narrative website gives only a short illustrated announcement without a link to the special website on the history of the oldest share. Let me conclude the fist part of this post with pointing to a nifty website presenting quick links to information about individual ships of the VOC and a lot of links in English, too, and to the digitized sources for the history of the VOC at the Institute for Dutch History.

The Hoorn Pie Verdict

Both the West Frisian Archive and a new website with stories about North Holland, Oneindig Noordholland, “Neverending North Holland”, present the next subject of my post. This second story is rather different, really a mix of the sweet and bitter. In 1910 a jealous man decided to send a poisoned pie to his enemy. Instead of killing his enemy the enemy’s wife died by poisoning, and a servant became seriously ill. The sender of the deadly present, Johannes Jacobus Beek, and Willem Markus, his intended victim, had been both market masters and city messengers of Hoorn since 1901. Beek had embezzled money he received as a market master from participants of a fair. Markus detected the loss of money and found out what had happened with a sum of 135 Dutch guilders. Before the First World War the Dutch guilder was a very strong currency, and this sum meant a substantial amount of money. Beek was fired from his municipal jobs in 1907.

Only in 1910 Beek saw a chance to revenge himself. His brother in law provided Beek with arsenic pretending he wanted to get rid of rats in his house. He went to a pastry baker in Haarlem, and ordered a large pastry pie with the instruction to leave a hole in it in order to add something to it. On the same day, September 28, 1910, the pie was sent after the fatal preparations from Amsterdam by a courier service to Markus. However, next day when the pie was delivered to Markus on his 84th birthday, Beek’s former colleague refused to eat from it, but his wife Maria Muisman and Grietje Appelman, a maid servant, did eat from the deadly present. The anonymous congratulatory card delivered with the pie, the very box and much more have been preserved in the dossier concerning this case.

On the North Holland story website you get an abbreviated version of this murder story. The story website is integrated with social media and gives you the chance to get the story of a building in front of you on your mobile phone using the fashionable QR code. In cooperation with the Noordhollands Dagblad, the regional newspaper, the West Frisian Archive present a longer, more detailed and illustrated version of this murder story. In fact the story is told in five installments resembling the feuilleton of old newspapers which brought similar stories in a serialised fashion.

The Hoorn Pie trial in Dutch jurisprudence

Beek was soon arrested and confessed he had sent the pie. He told the police that only after sending he had considered the possibility that someone else might eat from the sweet but poisoned present. On trial the attorney pleaded for a conviction for murder of Maria Muisman and attempted murder of Grietje Appelman. However, the arrondisementsrechtbank in Alkmaar, the regional tribunal, condemned Beek on December 13, 1910 to 10 year imprisonment for manslaughter. In appeal this sentence was annulled. The appeal court of justice, the gerechtshof in Amsterdam, judged that Beek had acted with murderous intent because he had immediately realized that his act might possibly kill others as well, and sentenced him on March 9, 1911 to life imprisonment for murder and attempted murder. The defense counsel used the right to appeal in cassatie, in cassation, in order to get the verdict annulled, to the Dutch supreme court. The Hoge Raad, the Dutch supreme court, confirmed the judgment of the Amsterdan court of justice on June 19, 1911. Beek died in the prison at Leeuwarden in 1918 at the age of seventy years.

The sentences of the Dutch supreme court are called arresten, a word clearly stemming from the French word arrêts. In Dutch jurisprudence cases are referred to by a summary indication of the matter of the case and the usual abbreviated reference to the court and the date of the judgment or the date of publication in one of the many Dutch legal journals. Our case is nowadays referred to as the Hoornse taartarrest, “The Hoorn Pie Verdict”, HR (Hoge Raad), 19-06-1911, W (Weekblad van het Recht) 9203. A salient feature of Dutch jurisprudence is the addition met noot, “with a note”, meaning a short commentary of a lawyer, usually a law professor. In the legal reviews the notes were only signed with initials. The quality of their annotations to arresten helped and helps today establishing the reputation of Dutch law professors. Incidentally, in the final sentence and in current publicity about trials only the initials of the accused and other persons involved are shown. After a century the need for discretion is clearly no longer present. From the start the parties involved are not the elements which give a Dutch case its name.

In Dutch jurisprudence this verdict introduced the legitimate use of the concept of “conditional intent” into Dutch legal practice. The Wetboek van Strafrecht, the Dutch criminal law book from 1886 is still in vigor. Obviously some of its effects and implications needed clarification around 1900, and in fact this continues in the present. On purpose I do no try here to give either the correct term in British, Scottish or American criminal law, because they undoubtedly contain neat differences with Dutch criminal law. At least one of the additional terms in Dutch jurisprudence when considering this doctrine is culpoos handelen, “acting culpose” or guilty acting. The Hoorn Pie Verdict is one of the leading cases in Dutch jurisprudence, even if the doctrine on this point has developed, as for instance in the Porsche Verdict (Porsche-arrest, HR 15-10-1996, NJ (Nederlandse Jurisprudentie) 1997, 199) about a case where this doctrine did not apply, and another case about a car driver who deliberatedly hit three bicyclists, also in the province North Holland, the Enkhuizen Manslaughter Verdict (Enkhuizer doodslag, HR 23-01-2001, NJ 2001, 327) where this doctrine was reaffirmed. In these online versions the notes are given without indication of the original author.

The main online source in open access for verdicts of Dutch courts is found at the official portal for the Dutch judiciary, Rechtspraak.nl. It is not so easy to find older verdicts online in open access. I confess to using sometimes articles in the Dutch Wikipedia where presumably law students have treated a generous number of older cases. These articles often point to a special website for arresten. In an earlier post I could point to the website Iure with some cases prior to 2000. At subscribing Dutch law libraries you can search in special databases for jurisprudence. Subscribers to the student law journal Ars Aequi get also access to a very useful database for Dutch case law, if you pardon me using this expression, because Dutch jurisprudence is not exactly to be equalled with Anglo-American case law.

More information about contemporary Dutch law and online access to documents and cases can be found at websites such as Globalex, at the University of Minnesota Law Library, in the summary guide created by the Institute of Advanced Legal Studies, University College, London, or in the research guide of GLIN at the Library of Congress Law Library.

The centennial of the Hoorn Pie case

A century ago the case of the poisoned pie made headlines in the newspapers. In the website of the Dutch Royal Library for digitized Dutch newspapers you will find more than twenty articles from 1910 and 1911 about this case. One can applaud the retelling of this trial at the narrative history site for North Holland, but one has to point out that the juridical side of the matter does not get more attention. It would have been easy to add the text of the verdicts. October 28, 2011 was the day of the commemoration of the centennial at Hoorn with a re-enactment of the story, a guided tour through Hoorn and lectures by contemporary Dutch lawyers. Many spots are still visible, sometimes barely changed since a century. It is well worth leafing the pages of the online presentation at the website of the West Frisian Archive. This constitutes quite some effort in bringing an aspect of legal history, albeit the more appealing side, the perennial fatal attraction of crime and evil, to the attention of the public at large. For educational purposes this constellation of coverage in a newspaper, activities organized by an archive and a museum, and the use of special websites which even connect to social media, is surely worth considering. It is not by chance that both the narrative project and the website on the oldest VOC share have been partially sponsored.

What strikes me in the end when reflecting on the Hoorn Pie verdict is the rapid speed of the Dutch judiciary in the early twentieth century. The pie arrived late in September 1910, the first trial ended on December 13, 1910, the sentence at the appeal court dated from March 9, 1911, and the final verdict by the Hoge Raad was given on June 19, 1911, just nine months after the deadly birthday gift. For historians it might perhaps be the combination of seemingly completed stories with ever new questions and perspectives that give legal histories their plural form and coherence. This ambiguity is not a birth defect of this discipline but its fountain of life.

A postscript on early Dutch stocks

I am happy to add a postscript to this post and to point you to the Ph.D. thesis of Lodewijk Petram, The world’s first stock exchange (Ph.D. thesis, Universiteit van Amsterdam, 2011) which you can download from his website. Petram has written in Dutch a more popular version of his study, De bakermat van de beurs (Amsterdam 2011) on the early trade in shares of the VOC. It was the trade in these shares that contributed much to the early development of the stock trade and the role of Amsterdam in it. It is fascinating to compare the results of this study with the dividend notes on the earliest surviving share kept at Hoorn. You can find some historical documents at Petram website and also at the site of the Dutch Stock Exchange Foundation, which provides you with a history in a nutshell of the Amsterdam Stock Exchange and its forerunners.

Online access to verdicts

Alas the website Arresten appears to defunct. Luckily you can now find the Hoorn Pie Arrest (WR 9203) online in the digital version of the Weekblad van het Regt (1839-1943) (University Maastricht) which provides a search functions for the abbreviated references to the verdicts of the Hoge Raad.