Tag Archives: Netherlands

A choice of languages

The new navigation menu at Rechtshistorie, 2015

A year ago I wrote here about my efforts to repair the bilingual interface of my website Rechtshistorie. Due to a technical problem caused by the very progress of the engine behind it the navigation menu offering access in both English and Dutch had broken down definitely. I decided not to test online possible successors to the defunct multilingual tool, but to try things first on a standalone computer. You can imagine me sifting the advertisements of promising tools, making them work or deciding to go elsewhere instead of creating havoc, and facing solutions that either looked bad or could be handled only with the utmost care and precaution. During the past twelve months I did copy all changes and additions in the English version also into the Dutch version.

This weekend I have finally launched a new multilingual menu that seems to me easy to use and maintain. The language switchers are now part of the navigation menu. I have deleted the menu in the right sidebar. When you hover over the menu items pages linked to them will show themselves as before.

Preparing the future

My plans for further pages are not sleeping in a drawer! Such new pages are often a sequel to posts on my blog. Many changes and additions stem from blog posts, too. However, it takes time to prepare these new pages, not just for the research involved, but also for creating a lucid presentation that does justice to a subject.

The last major change on my website is the new order of presentation on the page for digital libraries. In the past I presented digital libraries from some seventy countries in alphabetical order. I have created a new version where you can find countries on their respective continents. The major benefit is easier navigation to a particular country, and a better view of the relative and absolute prominence of digital libraries in particular regions of the world. A major drawback is the preponderance of information about European countries, now much more visible. More than twenty of the seventy countries covered are in Europe. In my defence I would like to consider the fact that you will feel hard pressed to find similar overviews elsewhere. The challenge in creating my overview is for many countries to find anything which really should be included here. Any useful additions are most welcome!

The situation on my page with virtual exhibitions is roughly similar to my digital libraries page. Here the number of countries is not yet as large to make a reordering necessary. Lately I have added a number of links to interesting virtual exhibitions. Especially as a teaching tool or for the first reconnaissance of a theme or subject virtual exhibitions can be most useful. In fact some virtual exhibitions are explicitly meant to be companions to text books.

Logo Pro Memorie

I am sorry that I have to conclude here with an announcement about Rechtsgeschiedenis, the partner website of Rechtshistorie. The content management system behind this website of the Foundation for Old Dutch Law showed all kind of defects, and it had to be taken down. The essential information about the foundation will eventually reappear, either at the new website for its scholarly journal Pro Memorie. Bijdragen tot de rechtsgeschiedenis der Nederlanden or at a renewed version of Rechtsgeschiedenis.org. Uitgeverij Verloren, the publisher of Pro Memorie, will start this year with digitizing older issues. Let’s hope that Dutch legal historians will soon succeed in reviving and renewing their website, or that they will build a basic website around the journal. The example of the Flemish website for legal history at Ghent will surely be a spur to create a new web team and work together closely with legal historians in Belgium.

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.

Legal history with a Dutch view

At the start of my blog, today five years ago, I had no clear idea what form it would take. After a start with twelve posts in one month, most of them short notices, the frequency of posting did not reach that level again. Occasionally there have been four or even five posts within a month, but mostly just two or three, and this year I could not publish here more than just one post every four or six weeks.

However low or high the number of postings it has been a joy to work on other features. It has been possible to expand the congress calendar from its tiny corner on my old webpages to a substantial page with due attention to both recurring and special events, attention for graduate seminars and guidance to other online calendars worth checking for the field of legal history.

A happy subtitle

Legal history with a Dutch view has been the subtitle of my blog right from the start. It offered and offers me chances to change perspectives, to add humorous notes or detached comments, and to bring in my own surroundings, from the fortifications around Utrecht, an old library and the former provincial court in my home town to the dovecotes of the Voorn estate and a number of Dutch towns. Even the hamlet ‘t Woudt near Delft could thus become the subject of a post which turned out to touch on many subjects. My visits to the Frisian isles helped me to reconsider notions about nature, law and natural law. It is a joy to write about these real and imaginary travels from the known to the unknown, and to discover surprising connections or hidden histories and meanings.

As you like it

Sometimes you will have encountered here really long posts. One reason to write somewhat longer contributions is my desire to give you complete stories. Even in these long posts I often worried whether I was not just skating the surface of any theme or subject. The longest post here published in 2011 dealt with the transmission in print of Early Modern peace treaties. A specialist in the field of these treaties said he had learned new things from it, another scholar complained I should have made an article out of it. Both scholars have a point, and I added a summary post to present the main lines of that contribution more clearly. I must add that the initial spur for this post came from an article by Klaus Graf about the peace of Aix-la-Chapelle (1748).

To many posts I have added one or more postscripts with some afterthoughts, links to useful websites or substantial corrections based on comments I received here. Gradually I have grasped the very nature of a blog, its intermediary state between nascent thoughts, ideas and proposals on a side, and on the other side full-fledged articles or even more ambitious publications. Writing here about a wide variety of subjects helps to form and refine thoughts about particular questions and problems. The use of categories and tags proved to be a tool to connect posts which at first look concerned completely different themes, periods and subjects.

At the start of my blog I had no clue about the preferences of my readers. Would there be any readers at all? Some readers owe my great and lasting gratitude for their comments, proposals and continuing interest. The sheer number of readers has varied greatly according to the particular subject. It was a genuine surprise for me that a post about the Dutch lawyer Nicolaus Everardi (circa 1462-1532) attracted much readers. My comparison between two digital library projects, the Digital Library of America and the Deutsche Digitale Bibliothek, reached many people thanks to the alerts of some of my faithful readers. The day after the abdication of pope Benedict XVI in 2013 I could point to an article by a canon lawyer who had discussed papal abdication in modern canon law a month earlier on her blog. Her article deserved to be read, but as a side-effect my post reached an all time high number of readers.

Connecting and spanning

Marginal image of a scribe reading a charter - Utrecht UB, ms. 400, fol. 113 recto

Marginal image of a scribe with glasses reading a charter – Utrecht, Universiteitsbibliotheek, ms. 400, fol. 113 recto

At this blog not only the posts matter. The blogroll in the right hand margin with some thirty blogs concerning legal history, a dozen law library blogs, twenty online journals and some twenty personal blogs connect whoever visits my blog to a much wider circle of historians and lawyers active both in the real and virtual world. For me it brings home the truth that the internet is a network which just happens to be virtual, but nevertheless first and foremost a network.

Much time in writing any post was and is consumed by searching for valuable links to websites. I include them on purpose, not as embellishments or to show my research capacities, but as resources bringing you to primary sources, secondary literature, bibliographies or further information. It satisfies also my curiosity to look at all kinds of printed and digital resources for doing legal history. I invite you to use these links and delve into their riches! You do not harm me or my blog by using a post or one of its links only as a stepping stone. It is the very purpose of these links to bring you at least one step further in the pursuit of your own goals.

Samuel Muller - drwaing by Jan Veth, 1895

Samuel Muller – drawing by Jan Veth, 1895 – image: Het Utrechts Archief

Speaking of curiosity, the funny marginal image of the medieval scribe wearing glasses to read a charter appears in the margin of a pontificale, a liturgical manuscript, probably written and illuminated around 1450 for the collegiate chapter of St. John’s in Utrecht. Bart Jaski, keeper of manuscripts at Utrecht University Library, has published a very interesting essay about this beautiful manuscript. Jaski sketches its background and points to a number of elements connected with medieval canon law. I first saw this image in a volume on the history of the States of Utrecht [Van standen tot staten. 600 jaren Staten van Utrecht, Huib Leeuwenberg a.o. (eds.) (Utrecht 1975)]. Many years later I could not help recognizing a resemblance between this man and the famous Dutch archivist Samuel Muller Fzn. (1848-1922) who did much to reform and organize Dutch archival practice. He worked for nearly half a century at the Utrecht archives.

The series of posts about centers for legal history came into existence thanks to the initial motive to start this blog. I have to thank Jörg Müller of the Leopold-Wenger-Institut für Rechtsgeschichte in Munich, who has done so much for the daily running of the Stephan-Kuttner-Institute for Medieval Canon Law, for asking me in 2009 to start blogging about legal history with the specific aim of discovering its possibilities and problems. Munich figured in one of the early posts in this ongoing series. For your benefit I have listed these posts and all posts which in fact amount to similar contributions about other institutions and cities on a separate page. Writing posts about legal iconography became a reality thanks to the remarks and questions of Mike Widener (Yale University).

“Connecting centuries, countries and continents” was at first only a lucky alliteration in an early post, but in five years I have indeed tried to fulfill this promise wholeheartedly. Choosing this approach again very explicitly in my November post about the World Legal Information Institute was no mere coincidence.

A Dutch view

Some books about Dutch and Belgian legal history

There is a possible complaint about my blog that I must mention here. If you had expected to find here only posts about the legal history of the Netherlands, you might turn away with at its best mixed feelings. From time to time Dutch legal history does get here fair space, but it seems wise not to focus solely on this relatively small corner of Western Europe. In fact Dutch legal history is a kind of mélange of influences from many countries. Its geographical position together with Belgium between France, Germany and the United Kingdom have made it literally into crossroads. Its small dimensions and its many and diverse connections with these countries make it very sensible to look abroad. The ever-changing estuaries of the Rhine and Schelde river have shaped my country substantially. A part of the Low Countries, the famous polders, have been reclaimed from the sea and lakes. They are literally man-made.

My home town Utrecht started as a Roman army camp near the limes, the border of the Roman empire. This border, too, moved with the changes of the Rhine branches. Crossing borders and having to deal with them is perhaps almost a second nature for people living in such surroundings. However, geography does not explain everything, and it is rash to claim you can find here the only Dutch view of things. Creating my blog has helped me very much to cross borders more often. I thank you for your patience with my Dutch views, and as always I hope to welcome you here often to meet the varieties of legal history.

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.

naarden-facade

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.

At the scene of crime with the Romans

Flyer "Plaats Delict"- Nijmegen, Museum Het ValkhofFor a number of very sensible reasons the history of Roman law has a prominent place within the study of legal history. However, in most cases we tend to focus on Roman private law, sometimes we take public law into account, and criminal law holds at its best a marginal place. This blog tries to avoid undue attention to Roman law, but there is no need here to exclude it completely. The current exhibition about Roman criminal law at Nijmegen (Nimwegen/Nimègue) at Museum Het Valkhof is an excellent occasion to look at this subject in some depth. Its title Plaats delict. Misdaad bij de Romeinen [The scene of the crime. Crime among the Romans] suggests correctly that artefacts will help you to get a better view of Roman attitudes towards crime.

The variety of crimes

Inscription about a murdered farmer

The exhibition at Nijmegen has been developed in cooperation with a number of German museums which created the travelling exhibition Gefährliches Pflaster. Kriminalität im römischen Reich [Dangerous pavement. Criminality in the Roman Empire]. At Museum Het Valkhof, a museum for art, history and archaeology, there is a clear stress on a way of presentation suited to young people. There is no accompanying catalogue, but only short texts with brief explanations about the objects put on display. Children are invited to play the role of Quintus, a Roman crime investigator, and to find out who has committed a murder. From Frankfurt am Main there is a skull with traces of a murderous attack. Children can also take a seat in a Roman court and deduce the exact way cases did take place. An inscription concerning a Roman investigator at Nyon (Switzerland) and an inscription telling us about the murder of a farmer certainly help to imagine how crimes touched the lives of very real people. At Nyon Quintus Severius Marcianus had been very successful as a praefectus arcendis latrociniis, and his home town honoured him with an inscription.

The crimes shown in this exhibition offer a wide variety, from theft and counterfeiting coins to playing with prepared dices, and from burglary to murder and the plundering of tombs. Punishments, too, show a great variety: penalties in money, hand cuffs, slavery and forced labour, and the death penalty in various forms, be it as a gladiator, fed to the lions, by beheading or crucifixion.

Waxtable with a fine

From the perspective of legal historians it is remarkable that Roman law is scarcely invoked at this exhibition, often only implicitly or strictly in the context of an object. For lesser crimes your punishment would often be a fine, an amount of money to be paid. It is a pity the exhibition shows only a replica of a second century wax table with such a fine, held at the Archäologisches Museum Baden-Württemberg in Rastatt.

The longest text about Roman law in the exhibition gives a short overview of the diverse sources of Roman law. The major place of private law is mentioned, as is the efforts under emperor Hadrian (117-138) to unify Roman law. The Codex Justinianus is described as a text-book for students. Just two paragraphs to summarize a development of many centuries is simply too short to bring more than a few things to the attention of people. More to the point is the explanation about the accusatory nature of judicial proceedings. The parties involved had to bring a case themselves to court. The role of provincial governors to hear cases and to ask for judgments from the emperor himself is also mentioned, but none of this information is further corroborated.

Roman burglars at work

The information concerning the objects on display fares better, with nice captions such as Inbrekers aan het werk [Burglars at work] for a box with traces of an attempt to force its lock. Some walls of the exhibition rooms have been decorated with actual Roman wall paintings or evocative artists’ impressions, showing for example a number of inscriptions in a Roman settlement. The exhibition shows small statues of dogs given to the dead in their graves to protect the gifts accompanying their bodies. The ubiquitous Cave canem [Watch out for the dog] is only hinted at by showing a bronze head of a dog and by a series of small statues of dogs which accompanied the dead in their coffins.

Objects, stories and history

I left the exhibition at Nijmegen with mixed feelings. It is easy to admire the telling array of objects, to learn about them from the concise information about them, and to get here a general impression of Roman life, crimes and punishments. The immediate involvement of children in an imaginary murder investigation is to be welcomed as an example of teaching a subject by making students play a role in a historical setting. However, I cannot ignore the lack of more information about the Roman judiciary, and in particular about its development. The quality of the information for each object is much better, but this shows also forcefully that texts – or maybe a video presentation – can enhance the understanding of objects.

At the entrance of the exhibition you read the Romans faced much the same crimes as we do nowadays. The very substantial difference in punishments could have been highlighted stronger. The attention paid by Romans to safeguard their possessions could have been easily linked to their veritable obsession with hereditary law, the very heart of Roman private law. In the museum shop at Nijmegen with a nice selection of books on Roman history I searched in vain for the German book published for the original exhibition by Marcus Reuter and Romina Schiavone, Gefährliches Pflaster. Kriminalität im römischen Reich (Mainz 2013). Reuter works at the Archäologischer Park und RömerMuseum in Xanten, a town not far from Nijmegen, which makes this omission even more painful.

Apart from the leaflet for children and a general flyer no printed information is available. In face of the Dutch fondness for English books studies such as Jill Harries, Law and crime in the Roman world (Cambridge 2007) and Olivia Robinson, The criminal law of ancient Rome (London 1995) could at the very least have been shown. For me it seems legal historians at the Radboud University Nijmegen have missed a chance to create for this occasion at least a succinct brochure which might redeem this conspicuous lack of further information. The city of Nijmegen can proudly trace its history back to Roman times, At Museum Het Valkhof is also a permanent exhibition about the Peace of Nijmegen (1678-1679), which without any doubt has benefited from advice by legal historians. Let’s hope they will exploit more actively future chances for cooperation with archives, museums and libraries, starting in their own town or region.

Plaats delict. Misdaad bij de Romeinen, Museum Het Valkhof, Nijmegen, May 18-October 5, 2014 – www.museumhetvalkhof.nl

A postscript

While finishing this post I visited also the exhibition De Krim / The Crimea at the Allard Pierson Museum in Amsterdam, the archaeological museum of the University of Amsterdam. A splendidly flowing projection of tribes and their movements in the Roman empire from the first to the seventh century and a movie about excavations help here to see the context of the treasures shown. If I had noticed it earlier this year a posting about the Crimea and Ukraine would have been close to current world news, and for that reason the exhibition did not end in May, but will be open until August 31. In fact the museum fears either Russia or Ukraine will come with juridical claims when the objects would return now to the lending museums on the Krim (see a press release of the Allard Pierson Museum (August 20, 2014) and for example the Dutch newspaper Trouw, August 22, 2014). In one of the corridors of the Allard Pierson Museum is a small photo exhibition Culture under attack about the threats to cultural heritage worldwide since 1945.

Dutch legal history and the First World War

The centenary of the beginning of the First World War has sparkled already an impressive number of digital projects, some of them presenting the centennial events and activities, and even more of them bringing you to digitized materials from many corners. The variety and wealth of these initiatives prompted me in February to start Digital 1418, a blog for the sole purpose of easy guidance to digital projects concerning the First World War. One of my goals at this blog is to bring together the widest possible selection of themes, subjects and countries. Thus my country, too, figures on it with some projects and two portals, one of them a web directory of European war museums. During the First World War the Netherlands remained among the neutral nations, but the Great War certainly had impact on this country, too. Being a legal historian I will not forget to include resources touching on legal aspects of the First World War. So far I have not been very lucky in my research. The digitized records of the Middlesex Appeal Tribunal, a military tribunal dealing with conscription appeals, is one of the few exceptions. Court-martials are one of the obvious subjects yet not present at this new blog.

Logo Delpher

For the subject of the Netherlands, legal history and First World War a recently reinforced Dutch digitization project at the Royal Library, The Hague, can bring you interesting materials. The Delpher portal combines the earlier separate portals of the Royal Library for digitized books, magazines and newspapers. Books from the period 1700-1800 had been digitized in cooperation with the university libraries at Amsterdam , Groningen, Leiden and Utrecht. Since its launch in November 2013 I have been looking for an opportunity to discuss here Delpher. The news item of April 24, 2014 issued by the Royal Library about the latest additions with digitized books from the early twentieth century alerted me to the inclusion at Delpher of books published during the First World War, and more specifically about commented law editions. In cooperation with two foundations which deal with copyright issues the Royal Library has gained a license to deal with the digitization of books from the period 1872-1940 which sometimes still remain in copyright. In this post I will look at some of the laws put into force by the Dutch government to cope with the consequences of the Great War, and I will look also at some Dutch digital projects concerning the First World War .

Surrounded by war

As in other European countries the First World War led political parties to a temporal truce. Political differences were suspended in a kind of national union. In The Netherlands, too, the government led by Cort van der Linden could reckon on broad parliamentary support. The government encouraged the creation of the Nederlandsche Overzee Trust Maatschappij (NOT), a consortium of major firms led by ship-owners and bankers with the overt aim of importing goods for the Dutch internal market under strict warrant of neutrality. The United Kingdom had imposed a policy to prevent goods to be imported to Germany by neutral countries. The NOT succeeded in getting clearance for Dutch vessels and their cargoes. The history of the NOT between 1914 and 1918 is the subject of the recent Ph.D. thesis of Samuël Kruizinga, Economische politiek: de Nederlandsche Overzee Trustmaatschappij (1914-1919) en de Eerste Wereldoorlog [Economic policy: the Dutch Overseas Trust Company (1914-1919) and the First World War] (dissertation Universiteit van Amsterdam, 2011; online (PDF)).

Cover Wet op de oorlogsiwnstbelastting, 1916

I refer to economic aspects of the First World War because one of the recently digitized laws at Delpher is a law for a tax on war profits, the Wet op de oorlogswinstbelasting of 1916. This edition with a commentary by A.G. Stenfert Kroese appeared in the famous series of commented law editions published by the firm Tjeenk Willink in Zwolle. The hallmark of these editions is the ample information about the parliamentary discussion about legislative projects. The very success of the NOT led to discussions about war profits. With finally nearly 1,000 people in its service the NOT dwarfed the Dutch Ministry of Foreign Affairs which employed a staff of just 45 civil servants. Under its aegis smuggling to Germany became paradoxically a blooming business. The law on war profits taxed profits not directly, but only the growth of income and capital which clearly stemmed from war profits. The Dutch government did not want to interfere too much with the economy. Proposals by parliament for a much more immediate taxation of war profits were rejected.

You can check online for the text of Dutch parliamentary debates at the portal Staten-Generaal Digitaal. This portal offers free access to materials from 1814 to 1995, both the debates themselves as also questions asked by members of the two chambers of the Dutch parliament, and the answers given by Dutch cabinet ministers. A major problem for tracking old Dutch legislation online which was published in the Staatsblad and the Staatscourant is the absence of a website with these resources. At Officiële bekendmakingen [Official announcements] you can find mainly information published in their entirety since 2009; treaties published in the Tractatenblad are included from 1951 onwards.

At Delpher a law concerning statistics published in 1916, the Wet op het statistiekrecht 1916, attracted my curiosity. The title page mentions the functions of the author commenting this law, V.S. Ohmstede, a civil servant at the customs and tax office in Amsterdam. The law was concerned with creating a tax on goods for the creation and financing of economical statistics. The Memorie van Toelichting, the official explication given to the Dutch parliament, referred to the examples of the French droit de statistique and the Statistische Gebühr levied in Bremen and in Switzerland.

Surely it is not sensible to list here all kind of laws issued between 1914 and 1919. Among the laws you will find for instance also a law concerning public archives (Archiefwet 1918) and a law on the emergency use of forests (Nood-Boschwet, 1917). Interesting also is the list of goods declared illegal for export [Lijst van ten uitvoer verboden goederen…, A.C. Luber (ed.) (2nd ed., Zwolle 1915). In the books section of Delpher you can use a simple free text search or enable the advanced search mode where you can limit your searches to a particular period or year, and also to a particular library.

The Delpher portal offers a great opportunity to look at the public impact of legislation. You might look in digitized Dutch newspapers for opinions about war profits, the role of the NOT and the approach of the Dutch government to all kind of emergencies linked with the war. In fact you can transfer your search seamlessly from one section of Delpher to another section. The newspapers section of Delpher is most useful because you cannot find yet any digitized Dutch newspapers on the First World War at Europeana Newspapers. The Dutch portal brings you to newspapers from the seventeenth to the twentieth century published in the Netherlands, including those from the Dutch Antilles in the Caribbean, Suriname and the Dutch East Indies. Among the eighty journals digitized at Delpher is a barristers journal, the Advocatenblad (1918-1935). The presence of the Wetenschappelijke Bladen, a kind of digest from scientific journals, is certainly interesting, too.

The Delpher portal uses a notice Beta in its top right corner as a warning for those who want to express severe criticism about its present scope and working. However, constructive comments are sincerely welcomed and invited. On my list of wishes an English interface would get a high priority. The possibilities for full-text research and the nifty transfer of search requests from one section to another are definitely among the great qualities of the Delpher project. Delpher contains also transcripts of radio news bulletins from 1937 to 1989, something I have not often encountered as objects of a digitization project.

The Netherlands and the First World War

Legislation and public opinion are just a few aspects of Dutch history during the First World War. It is perhaps useful to mention here the websites and projects I assembled at Digital 1418, even though you arrive directly at the information about relevant websites by clicking on the link. The Stichting Studiecentrum Eerste Wereldoorlog (SSEW) was founded in 2011 to bring together Dutch research, scholars and initiatives concerning the First World War. The website of this study center has a links section with a large number of Dutch projects. Huis Doorn, a country house in the province Utrecht, became the last residence of the exiled German emperor Wilhelm II. The museum at Huis Doorn has been designated as the location for the Dutch national center for the history of the First World War. Its website offers in particular some 6,500 digitized images. I did already mention the portal War Museums in Europe and the Dutch parliamentary proceedings at Staten-Generaal Digitaal. The digital portal Memory of the Netherlands contains some 8,000 digitized items from the collections of the former Legermuseum [Army Museum] in Delft; 400 items are related to the First World War. Digitized materials from several Dutch cultural institutions can be found at the portal Europeana 1914-1918. Lately Huis Doorn was the venue of two crowdsourcing days during which Dutch people could bring materials to the attention of the team behind this marvellous portal.

Logo 100 years Netherlands and World War IMuch more can be found online. Among memorials of the First World War the Belgenmonument [Monument for the Belgians] near Amersfoort stands out, erected in commemoration of the countless Belgian refugees who came to the Netherlands in 1914. An exact number of refugees cannot be given yet, but estimations come close to one million people. Some 1,500 men of the British Royal Navy Division were interned at the Engelse Kamp in Groningen. This year the history of First World War refugees receives particular attention at a number of Dutch archives and museums, for example at the Stadsmuseum in Tilburg and at the city archive of Utrecht (In staat van oorlog). The foundation 100 jaar Nederland en de Eerste Wereldoorlog [100 years Netherlands and the First World War] has created a centenary portal which will guide you to further websites and to activities and events around the Dutch commemoration of the First World War. In due time I intend to include the most telling and important Dutch websites on my blog Digital 1418. The Dutch corner of this blog is well worth visiting.

Dutch and Belgian digitized academic theses

Logo Academic Joy

The thesis by Kruizinga on Dutch economic policy leads me to say more about digitized theses defended in Belgium and the Netherlands. For Digital 1418 it seemed most useful to include a web directory to digitized academic theses. At Academic Joy you will find a very rich survey of online repositories worldwide with both Ph.D. and M.A. theses. On the blog I offer a selection of the main European repositories, and in addition I mention more resources for the Netherlands and Belgium. NARCIS is the main Dutch theses repository, Bictel has the same function for Belgium, but only for theses written in French. For Flemish theses one can consult M.A. theses at Ethesis, and B.A. theses in the Vlaamse Scriptiebank; both websites have an interface in Dutch and English. For the Netherlands one should add Scripties van de Nederlandse Universiteiten for M.A. theses, and the Igitur Archive for Ph.D. and M.A. theses defended at Utrecht University. B.A. and M.A. theses written at Dutch Higher Education institutions can be retrieved from the HBO Kennisbank. The Dutch term for the First World War is Eerste Wereldoorlog, in Flemish the term Gro(o)te Oorlog is also used.

Pronouncing the city’s law: aldermen as judges

In pre-modern European cities the aldermen were not just members of a city council charged with deciding on city policies. Creating and maintaining policy in the more pregnant sense of daily law and order was one of their prime tasks. In many cities a number of aldermen sat regularly as the city’s judges. In the past years a number of archives has created online databases to search for cases and verdicts in the records of aldermen. Outside the cities schepenen functioned within regional and manorial jurisdictions. We will meet some of them here, too. This post aims at showing you a wide variety of online search possibilities and presentations. The main focus of my post are aldermen in the Low Countries, called schepenen or in French-speaking regions échevins, I will look at seven projects. The Netherlands and Belgium will bring most of the examples adduced here, but I am sure elsewhere more can be found that would merit as much attention as the cities mentioned here.

Pronouncing the law

Curiosity to find out about recent projects for the digitization of the records of medieval and Early Modern aldermen was my first reason to starting looking for online databases and other projects. I was surprised I did not encounter quickly somewhere a list of relevant projects, or at least some links to similar projects at the websites with a particular database. Unfortunately this might suggest such projects are developed in at least relative isolation, or in the worst cases in splendid ignorance or with complete disregard of similar efforts.

The first project I would like to present concerns the records of a number of villages situated in the very heart of the Rhine and Meuse estuary. The schepenen conveyed at Tuil, the village most to the west of the contemporary province Gelderland, now a part of the municipality Neerijnen. Tuil gives the project its name, De Hoge Bank van Tuil, “The High Court of Tuil”. Nowadays we say in Dutch parlance these villages are positioned in the Rivierenland, the Rivers’ Country. Geographically it is more sensible to say they are situated in the Tielerwaard, “The March of Tiel”, between the cities of Tiel and Gorinchem.

The website for the Hoge Bank van Tuil is a project of three historians, Peter van Maanen, Gijsbert van Ton and Marco Schelling. It presents transcriptions of some 1,300 records from 1335 to 1525, from 1631 to 1637, and a number of scattered records yet to be integrated. The team has used records from several archives and printed editions. For some records the transcriptions are accompanied by images of the documents. This project aims at a reconstruction of the activities of this high court by combining data from a large variety of resources. As for now the records are not yet part of a searchable database, but they can be searched with the normal web browser search function. It is one thing to bring these materials together, but the material still needs editing before it can become the contents of a database. Exactly the preparation of this step is probably the main hindrance to tackle for further research in these regional records. Consultation with for example the Gelders Archief in Arnhem, the Regionaal Archief Rivierenland, Tiel, and the Regionaal Archief Gorinchem will surely be most helpful to start preparing a new phase for this project.

The very beginning

The Hoge Bank van Tuil came first in my post because it presents in a nutshell a number of very real questions and problems you face when you start with a project for the digitization of the records of aldermen. What period do you choose? Do you aim at a full reconstruction of archival records concerning a particular institution or jurisdiction, in this case a schepenbank? Do you restrict yourself to the records from one resource, be it records kept at an archive or records surviving sometimes only in print? Do you prepare from the start onwards for the creation of an online database, or would you like to stick with simple web pages? Sometimes you have to wait for the creation of proper archival guides and finding aids before even contemplating a project… Cities and their archival services often choose themselves for the digitization of judicial records. In the case of the Hoge Bank van Tuil three researchers decided to combine efforts for their project.

Logo Scabinatus

The project that prompted me to write about digitized verdicts of aldermen is concerned with verdicts of the échevins in Liège. The website Scabinatus 4000 was launched last autumn by the Université de Liège. The actual database contains acts from the vast series of scabinal registers kept at the Archives de l’État in Liège dating from 1409 until 1797. Some 1,750 (!) registers exist with each around 400 pages, good for some 750 acts. The registers 1 to 67 could be searched online already at a website of the Belgian National Archives, but this website with registers for the period 1409 to 1510 was last updated in 2007.

On the new Scabinatus website the registers 68 to 153 have been added, reaching now 1558. You can search for particular registers, a particular kind of acts (e.g. approbation, arbitrage, wills and witness statements), toponyms, a particular date or period, the kind of goods at stake, names, professions and social status. The website of the National Archives offered drop down lists for the kind of acts and the kind of goods. The scale of this project is clearly staggering. The functionality of the search screen is very detailed, and you are thus able to conduct all kind of searches. Comparisons in activities over long periods become here possible and fairly reliable. However, this database does not offer the complete text of acts, but only a summary with a lot of details. You will need to view the original registers for further research. This project has clear limits in time and resources which seems understandable in view of the sheer number of records to be processed.

New roads to the records of aldermen

Logo Itinera Nova

At Louvain (Leuven) the municipal record-office has combined forces with a German partner, the Universität Köln, for its joint project Itinera Nova. The city of Louvain can boast a series of 1128 scabinal registers from 1362 to 1795. The project started in 2009, and more than one million pages will be transcribed by volunteers. 255 registers are now available online, mainly for the periods 1362-1460 and 1550-1590. Knowing the difficulties sixteenth-century handwriting can pose it becomes very interesting which role the transcribing software MONK, a tool created at the university of Groningen, has played here. The MONK website presents extensive word samples from the Louvain registers. The Itinera Nova project in cooperation with the department at Cologne for Historisch-Kulturwissenschaftliche Informationsverarbeitung involves crowd-sourcing. An online tutorial helps volunteers to start transcribing pages with a basic knowledge of palaeography. On April 25 and 26, 2013, Louvain hosted an international congress with the title Itinera Nova: Tools, People & History, The blog De Digitale Archivaris [The Digital Archivist] published a series of posts in Dutch about this congress. The website of Itinera Nova can be viewed in Dutch, English and French. You can browse at will and conduct general searches, and there is an advanced search option with drop down menus. You can also restrict a search to a particular register or period. From the transcriptions you can go directly to images of the original register. Registered users can get access to the annotation screen.

One of the major assets is a search interface for annotations. Compared to the project for Liège the texts of the records seems to be the focus and very heart of the project at Louvain. The Scabinatus project allows much more the serial analysis of similar acts, but the website does not bring you to the actual records, images or transcriptions. The approach for Liège seems to have been determined by scholars, the approach at Louvain is much closer to the general public. The schepenen of Louvain served as a court of appeal for other cities following the rule of hoofdvaart. Later in this post we will meet Den Bosch, one of the cities which went to Louvain for this purpose.

Dutch projects

For those readers waiting for a regular element of my blog, commonly known as the Dutch view, I will discuss next some Dutch projects. In March 2013 the Regionaal Archief Tilburg launched the Charterbanka charter database, the result of the combined efforts of archivists and visitors of the regional archive working together in a crowdsourcing community with its own website. The Charterbank contains some 450 medieval charters mainly issued by local schepenen from Tilburg and surrounding places. The search interface has fields for place, date, record number, inventory number, and persons adding their seal. In the result view you can enjoy images of the document, read the transcription in a rather small column, consult information about the seal or seals when present, and check for relevant literature and comments. This project focuses on the late Middle Ages and Early Modern period with a regional approach. Charters until 1312 from Noord-Brabant can be found online in the Digitaal Oorkondeboek van Noord-Brabant.

At ‘s-Hertogenbosch (Bois-le-Duc), commonly called Den Bosch, the regional record office, with as its current name Brabants Historisch Infomatiecentrum, has created an online database with records created by both schepenen and notaries in small towns and villages in the present-day province Noord-Brabant. With some 180,000 records the harvest seems at first rich, but only in a few cases you can study a long period, mainly for Lith and Veghel. Resolutions of the Dutch Supreme Council for Brabant, the Raad van State in The Hague, from 1629 onwards, are also present in this database. In my view they constitute a very important source, but they are in a different class, even if they deal with the villages and towns of Brabant. The Dutch description of the database emphasises the possibility to search for persons in these records. Online projects with a genealogical approach flourish at this regional record office, and I could trace many of my own ancestors using the results of these efforts, but for dealing in real depth with other records this approach is narrow. Scans of many records are available, but you will encounter many items which surely touch upon history and legal history but do not strictly concern the activities of aldermen. The useful overview of processed records and items bears witness to the wide range of records deemed fit for inclusion. However, the word genealogie (genealogy) in its URL seemed at first telling. By choosing in the left-hand menu Gescande bronnen (“Scanned resources”) you can already search directly in a number of digitized registers of schepenen, by selecting the schepenprotocollen.

Very much city-centered are the efforts at the Stadsarchief Den Bosch for the analysis of and access to the series of aldermen’s charters and registers starting with the famous Bosch’ Schepenprotocol. In this massive series running from 1360 to 1811 the schepenen of Den Bosch dealt with matters concerning voluntary jurisdiction, passing acts on the purchase and sales of real estate, probate inventories, acts concerning guardianship, etc. I must strike a harsh note: to my surprise there is here no online database. The information for a database concerning the criminal jurisdiction has been assembled in the project Dataschurk (“Data Villain”). You can download all relevant inventories, an inventory of criminal dossiers and summaries of the dossiers themselves, and there are indexes on record number and name.

Decades of painstaking research have resulted in a rich harvest of materials. The Bosch’ Schepenprotocol itself can be consulted on microfiches. It will certainly take courage to create a workable database which brings all information together and makes them accessible in a most reliable way. Luckily archivist Geertrui van Synghel can guide your research with her guide Het Bosch’ Protocol: een praktische handleiding (‘s-Hertogenbosch 1993), and her study “Actum in camera scriptorum oppidi de Buscoducis”: de stedelijke secretarie van ‘s-Hertogenbosch tot ca. 1450 (Ph.D. thesis Leiden 2006; Hilversum 2007) with a cd-rom containing 5735 scabinal charters and acts written by the city’s secretaries until 1450. The Bosch’ Schepenprotocol transcends the city borders with the letters of surety enabling the confinement of psychiatric patients, even at institutions as far away as Liège. In his comment Christian van der Ven (Den Bosch, BHIC) announces that preparations for a digital version of the Bosch’ Schepenprotocol are in a final phase.

Making choices about periods and subjects

Logo Stadsarchief Amsterdam

Last week The Guardian included the city archives of Amsterdam in a survey of Europe’s best free museums. The building of the Stadsarchief Amsterdam is surely imposing, but the reason for being featured here are the archival records kept here and the way their contents are disclosed more and more online. When I look at sources with a relation to legal history you can choose from a substantial variety of resources. The example I present here is restricted to a particular class of verdicts, those concerning “averij grosse“, general average or in German “Grosse Haverei”, cases in maritime law in which either a ship, a cargo or both had suffered unavoidable damage in emergency situations, and costs thus made or yet to be made or recovered had to be divided in an equal way [Archief van Schout en Schepenen, nos. 2806-2924, Vonnissen terzake van averij grosse, 1700-1810]. A separate chamber of the schepenen for “Assurantiën, Averijen en Zeezaken” dealt with relevant affairs.

Two splendid overviews of the history of European private law, Helmut Coing’s Europäische Privatrecht, I: Älteres Gemeines Recht (1500 bis 1800) (Munich 1985) 554-555, and Reinhard Zimmermann’s The law of obligations. Roman foundations of the civilian tradition (Oxford 1996) 406-412, provide you with basic information about the legal principles at stake, the role of the Lex Rhodia de iactu (D. 14.2.2), and references to important commentaries, including those issued in the period of the Roman-Dutch law. Zimmermann gives the date of publication of the first edition of Quintyn Weytsen’s early treatise in Dutch on general average as 1651. According to the information in the Short-Title Catalogue Netherlands this can be corrected to a first appearance in print in 1617 as an appendix to Cornelis van Nieustad’s Curiae Hollandiae, Zelandiae & West-Frisiae decisiones (…) Item een tractaet van avarien gemaeckt door Quintijn Weytsen (…) (Leiden 1617), and a first separate edition in 1631 [Een tractaet van avarien, dat is Ghemeene contributie vande koopmanschappen ende goederen inden schepe bevonden (Haarlem, 1631)].

Quintyn Weytsen (1518-1565) became a councillor in the Court of Holland only in 1559, and in 1561 and 1562 he was also charged with hearing accounts in the province of Zeeland, information easily gathered from resources such as the Dutch Biografisch Portaal and the Repertorium van ambtsdragers en ambtenaren 1468-1861 (The Hague, Huygens Instituut). Some of the later editions of his work, specifically Adriaen Verwer’s Nederlants see-rechten, avaryen, en bodemeryen (editions e.g. 1711, 1716 and 1730) contain also two ordinances concerning general average from 1551 and 1563 which no doubt prompted him to write his treatise. The lapse of half a century before a printed edition was published is remarkable. The 1617 edition gives no introduction at all for Weytsen’s text, and therefore his short text (from p. 226 onwards) might have been circulating already in manuscript – or perhaps a much read pamphlet? – long before.

The pages on general average at the website of the municipal archive of Amsterdam were launched in Autumn 2013. They offer a succinct introduction to the doctrinal side of things, and introduce you to the procedure before the bailiff and schepenenOne of the important things stated is that both the Dutch East India Company and the West India Company did not use the services of this court, because the administrators took care of freighting and transport. Statements confirmed on oath before Amsterdam notaries about cases of avarij formed the starting point of the procedure; you can find them using an index of these scheepsverklaringen (PDF), some 5,400 cases. The hint to check the Amsterdamsche Courant for its notices about shipwrecks and averages in its scheepstijdingen is most useful. You can check this newspaper in digital format at the new Delpher portal of the Dutch Royal Library. Do reckon with variant spellings such as avarieavary, avarij and averij! The suggestions to look in other record series for further information are most helpful. In the database of the Amsterdam city archives you find a digital version of the index created in 1980. The search interface allows you to search for the names of shippers and ships, harbours of depart and arrival, and dates. Two examples of cases from 1726 and 1780 help you to prepare your specific search actions. A search action leads you to further information on a particular case, often supplemented with thumbnail images of the documents.

Can I mention anything negative about this project in Amsterdam? With just two titles about general average this information is rather to short, and the reference to the article by Ivo Schöffer lacks the page numbers (pp. 73-133). Elsewhere on the website a treasure page has been dedicated to the case of the vessel St. Antonio di Padova which was attacked by pirates off La Spezia in 1704. The ship commanded by Jan Lens suffered a lot of damage during a four-hours fight. Repairs were made in Genua. The page shows a part of the notarial statement on this case. Somehow the section on general average does not link directly to this showcase, the only relevant page translated completely into English. In view of the international standing and importance of this archive the maIn point to criticize is alas the absence of a page-to-page translation into English of its marvellous website. The Amsterdam city archives ask people to pay for full-scale images of scanned documents, but before deploring this you must realize they offer a very rapid scanning on demand service.

Different situations, different approaches

In many fields awards and prizes are given yearly for the best project. Is it possible and sensible to do this for this group of six random picked projects? In a bird’s-eye view we saw:

  • transcriptions from the Rivierenland in the Hoge Bank van Tuil
  • large-scale indices and an analytical approach in the Scabinatus 4000 project for Liège,
  • crowdsourcing, transcriptions and images, with even an annotation tool for Itinera Nova at Louvain
  • images and transcriptions of charters at Tilburg
  • indexes for both scabinal and notarial registers, and a growing number of scanned registers for the province of Noord-Brabant
  • inventories, indexes and finding aids concerning the wide judicial functions of the schepenen of Den Bosch – with a printed guide and a cd-rom of the earliest records but without a database –
  • finally the verdicts from Amsterdam concerning maritime law from a distinct period, with an online searchable index and scanned images which have to be paid for.

If you put these seven projects into a grid you can probably more easier see which qualities they share or lack. What makes these projects successful or not? I cannot predict what visitors of these websites will want to know nor what they would like to have at hand on the screen of their computer or tablet. Some researchers might want to start making grand analyses as quickly as possible and therefore applaud transcriptions and online indices, others prefer painstaking transcriptions of the originals or of images provided by an archive. The pioneers for the Rivierenland have not yet reached the phase of building a database. One archive, the city archive at Den Bosch, does not provide a database, and I suppose this is a policy decision, because so much energy has already been put into the resources in question during more than twenty years. For other cities printed critical editions of the verdicts of schepenen exist, and thus the need for an online database might be less urgent.

Even though this is a rather long post I still feel I have treated all projects presented here rather briefly. It is wise not to judge their qualities too quickly! A stronger objection is the choice of examples which is very much personal, but at least also for a part guided by the lack of an easy overview of relevant digitization projects for this particular kind of resource. I would not feel ashamed if this post serves as a stepping stone for more and better.

A postcript

In his comment Christian van der Ven of the BHIC at Den Bosch stresses the actual cooperation of Dutch archives for this kind of projects. I have taken over his factual corrections, and the important information about online access to a number of registers of schepenen already avaiable now at the BHIC, and the appearance of the Bosch’ Schepenprotocol in digital form in the near future.