Tag Archives: Netherlands

Two laws and one trial

Banner The Amboyna Conspiracy TrialSometimes even a history blog cannot escape from current affairs, but the opposite happens, too: a historical event comes unexpectedly into view and you keep thinking about it. A few weeks ago I encountered the project The Amboyna Conspiracy Trial (Monash University) about a famous trial in 1623 on the island Ambon, part of the Moluccas islands in the southeastern part of the vast Indonesian archipelago, close to Sulawesi, East Timor, New Guinea and Australia, thus explaining the interest of a team at an Australian university led by Adam Clulow. Among the partners for this project launched in 2016 were the Roy Rosenzweig Center for History and New Media at George Mason University, the Dutch Nationaal Archief in The Hague and the India Office Records of the British Library. The website of the project invites the users to ponder the question on which side they stand. In particular the educational aspects of this website merit attention. Here I use both Ambon and Amboina to refer to the island.

Yet another reason to write here about the Dutch East India Company is the upcoming exhibition at the Nationaal Archief in The Hague, De wereld van de VOC [The World of the VOC] that will be on display from February 24, 2017 to January 7, 2018.

A clash of emerging empires

Poster "De wereld van de VOC" - Nationaal \archief, Den Haag

The story of the trial in 1623 is seemingly simple and straightforward. The Dutch authorities on the island Ambon, officials of the Dutch East Indian Company, arrested a Japanese soldier who had behaved suspiciously. Under torture he and fellow Japanese mercenaries confessed to know about a conspiracy of the English to capture the Dutch fortress. In a span of two weeks Englishmen, too, were captured and tortured to gain confessions. Under Dutch criminal law torture was considered one of the legal means in a trial. The Early Modern maxim “Tortura est regina probationum”, torture is the queen of proves, is not mentioned at the project website. On March 9, 1623 twenty prisoners were executed by the Dutch.

The creators of the Amboyna website are quite right in seeing this trial as a focus point of history. The Dutch and the English competed for the most profitable trade in spice. In fact the name of the Moluccas in Dutch – now in Dutch Molukken – was for many years “Specerij-eilanden”, The Spice Islands. A treaty signed in 1616 seemed a rather peaceful start of Dutch relations with the inhabitants of the Moluccan Islands, but in 1621 governor Jan Pieterszoon Coen decided to invade these islands, aiming in particular at Banda, known for its nutmeg, apart from Grenada the only spot on earth where you can find large quantities of this fruit which also produces yet another spice, mace.

Treaty with Banda, 1616

From 1610 to 1619 Ambon was the central location of the Dutch overseas empire in South East Asia. Coen and his troops killed in 1621 thousands inhabitants of Banda and the surroundings islands on the pretext that they had broken the treaty by trading with other nations than the Dutch, be they English, Spanish or Portuguese. This background of ferocious and ruthless violence close to genocide did not predict a peaceful continuation of relations with the indigenous people nor with other European countries. It is indeed the very story that forever divides those applauding the Dutch energy and colonial expansion, and those who condemn the events and the whole period as an unforgivable and inhuman step in mankind’s history. A few years ago one of the episodes of the television series on the Dutch Gouden Eeuw (Golden Age) centered around the 1621 massacre at Banda (the fifth episode, Een wereldonderneming [A world enterprise]. In January 1623 Coen was succeeded as governor of the Dutch Indies by Pieter de Carpentier.

The website of The Amboyna Conspiracy Trial gives you a timeline with for each day the texts of the confessions made by the arrested suspects. Four exhibits give you a chance to deepen your knowledges about the two East India companies and the spice trade, the role of Japanese mercenaries, trials in Dutch and English law and the uses and role of torture, and the publicity about the trial. Adam Clulow wrote about the Japanese soldiers in his article ‘Unjust, cruel and barbarous proceedings : Japanese mercenaries and the Amboyna incident of 1623’. Itinerario 31 (2007) 15-34. More recently he published The Company and the Shogun: The Dutch Encounter with Tokugawa Japan (New York, 2014), reviewed for example by Martine van Ittersum for the Bijdragen en Mededelingen betreffende de Geschiedenis der Nederlanden / Low Countries Historical Review 130/4 (2015). Her main criticism is Clulow’s insufficient information about sources in Dutch and Japanese archives. When eventually news of the trial reached Europe, it sparked off a stream of publications. Just browsing the Knuttel, the famous catalogue of Dutch pamphlets shows you a substantial rise in the number of pamphlets issued in 1624 and 1625, but English pamphleteers were even more active. The website features in the “Archive” section only pamphlets in English. You will find in this section some twenty-five sources and a number of paintings and portraits.

Placcaet, Knuttel no. 3548 - image The Memory of the Netherlands

“Placcaet…”, an ordinance against the first pamphlet concerning the Amboina trial – Knuttel no. 3548 – copy Royal Library, The Hague – image: The Memory of the Netherlands

The presentation of sources for The Amboyna Conspiracy Trial should indeed alert you to what you see and read. For many documents a brief analysis of the text and impact is given, but not for all documents. Some items show just one page of a pamphlet or archival record. No pamphlet is presented here in its entirety. For documents in Dutch a partial translation is given, but no transcription. One of the pamphlets, Waerachtich verhael vande tijdinghen gecomen wt de Oost-Indien (…). Aengaende de conspiratie ontdeckt inde eylanden van Amboyna (Knuttel no. 3547), online at the portal The Memory of the Netherlands, originally printed in Gothic script (Knuttel no. 3546) was quickly translated into English as a part of the pamphlet A true relation of the unjust, cruell, and barbarous proceedings against the English at Amboyna in the East-Indies (London 1624; digital version at The Memory of the Netherlands). In its turn a Dutch translation appeared of this English reaction (Knuttel no. 3549, online version). The Amboyna project site does not mention nor contain the ordinance (plakkaat) of the Dutch General States forbidding in August 1624 the distribution of the first pamphlet because it would harm the relations between the Dutch and English East India companies [Placcaet… (The Hague 1624; Knuttel no. 3548, online version)]. Clearly this act did not work to suppress the news of the events in the East. Anyway thanks to the original contemporary translations it is substantially but not completely possible to rely on them.

The database The Early Modern Pamphlets Online for Dutch pamphlets and the German Flugschriften does still work despite an announcement about it being shut down on January 1, 2017. You can freely use this online catalogue, instead of going to the subscribers-only commercial version. The Hathi Trust Digital Library has digitized the catalogue of pamphlets held at the Dutch Royal Library [W.P.C. Knuttel (ed.), Catalogus van de pamfletten-verzameling berustende in de Koninklijke bibliotheek (9 vol., The Hague 1890-1920)], and you can use the search function of this version to search in its text.

The “citations” for the archival items and documents at the Amboina website are the titles of the items, with sometimes a very much abbreviated indication of the location and archive. For the colorful painting in the Museum Rumah Budaya in Banda Neira no indication is given when it was created. I can imagine this is exactly the question teachers or instructors want their students to solve. The image of the 1616 treaty with Banda above is marked “Contract with Banda, 3 May 1616”. Here, too, you might think it would spoil the things students have to do if I would give here more information about this source. I had expected a list with full references for all items in an appendix to the project, tucked away in the teachers’ corner. The start page of the digital project shows part of an engraving showing the torturers and their victims. In a corner of the image you can find a reference in small print giving the reference to this image from the collections of the Rijksmuseum (object no. RP-P-OB-68.279, cat. no. FMH 2328-7). The engraving was published in 1673, not nearly fifty years earlier.

Header TANAP Archives

However, when you start checking you will find several textual witnesses to this treaty, thus making it seem that the image of this treaty – or any other archival record – was taken at random among the registers and originals held at the Dutch Nationaal Archief. The TANAP portal is a great gateway to search for many aspects of the Dutch East India Company both in Dutch, British, Sri Lankan and Indonesian archives. In the combined inventories you will find at least three items with the 1616 contract. The important point is that these inventories do not provide you with digitized images, hence the usual need for good references for documents and images. I would almost leave it to you to search in the TANAP portal for the events at Ambon, but I feel rather certain one of the registers used is Nationaal Archief, inventory 1.04.2, no. 1080, because “VOC 1080” is often mentioned in the citations. Inventory 1.04.02 at the website of the Nationaal Archief contains more than 4 million scanned pages, but not for this register.

If you want mores images at your screen you can combine the riches of The Memory of the Netherlands with for example the portal Atlas of Mutual Heritage. The TANAP portal has a fine links selection, and the introduction to the history of the VOC by F.S. Gaastra is most substantial and supported by a fine bibliography. For more links you should visit the site of the VOC-Kenniscentrum. An important general source are the reports of the governors of Ambon, edited by G.J. Knaap, Memories van overgave van gouverneurs van Ambon in de zeventiende en achttiende eeuw (The Hague 1987), digitized by the Huygens Instituut, and you will no doubt be interested in the digitized resolutions of the Dutch Staten Generaal from 1575-1630.

The educational purpose of the trial website is very clear in the section Your Verdict. Six major questions are fired at you to help you to come to a balanced verdict about the trial. In my view it is one thing to ask these questions, and another thing to create real full access to relevant documents. However judicious the choice of selections, however wise the suggestions for analysis, you will learn from having at your disposal images of the complete documents, transcriptions and translations, with full references to track them again, and this holds true also for paintings and portraits. This lack of exact information mars the quality of this digital collection. The team has in mind to create similar projects around two other conspiracy trials, but now it seems at some turns that some basic information has been left out to create a smooth and convincing selection. Your judgment on these matters will also depend on your preference for a working educational project which stresses the importance of independent thinking and weighing of facts and views, certainly a major and important aim, or a preference to create a showcase for doing real historical research around a historical cause célèbre.

Amidst of all things surroundings this case it is instructive to see the shocked reaction at Batavia (Jakarta), since 1619 the VOC headquarter at Java, of the superiors of Isaacq de Bruijn, the Dutch advocate-fiscal, the senior officer leading the investigation at Ambon. We have to bear in mind that the position of the various members of the VOC united in a number of kamers (chambers) in Amsterdam, Rotterdam and other cities, and the Staten Generaal in The Hague was many thousand miles away. The interaction between the two circles, and even between Java and Ambon was not quick to say the least. It reminded me of a famous article by the late Cees Fasseur (1938-2016), ‘Een koloniale paradox. De Nederlandse expansie in de Indonesische archipel in het midden van de negentiende eeuw (1830-1870)’ [A colonial paradox. The Dutch expansion in the Indonesian archipelago in the mid-nineteenth century (1830-1870)], Tijdschrift voor Geschiedenis 92 (1979) 162-186. It is the model article in a student guide by P. de Buck for writing history papers and master theses, Zoeken en schrijven : handleiding bij het maken van een historisch werkstuk (first edition Haarlem 1982). It seems this configuration of powers and distances can be dated two centuries earlier.

Meanwhile in Holland

Is this only a Utrecht view of things? Let me at least bring you to a diary of someone from Utrecht who could in principle have had first hand knowledge. Aernout van Buchell (Buchelius) (1565-1641) from Utrecht has figured here a few times already. He was not only interested in history, but was also between 1619 and 1621 a member of the Amsterdam chamber of the Dutch East India Company as a delegate of the States of Utrecht. In 2011 Kees Smit made a transcription (PDF) of a manuscript by Van Buchell at the Nationaal Archief [1.11.01.01, Aanwinsten Eerste Afdeling, 256 (old 1882 A VI 8 2)]. It contains some drawings, including a map showing Ambon and a drawing of Fort Amboyna (f. 37v-38r). At f. 102v he wrote in May 1624: “Het jacht, dat den 4. januarii 1624 was van de stat Nieu Batavia ofte Jacatra uuyt Java geseilt, is in mayo gearriveert, brengende tijdinge dat drie schepen, wel geladen, veertien dagen ofte drie weecken, als men verhoopten, soude volgen, ende noch drie schepen bijcans toegerust lagen op de custen van Cormandel. Verhaelden meede van eene conspiratio bij eenige Engelsche ende inwoonders op Amboyna, meinende het casteel aldaer te veroveren. Maer waren gemelt, eenige gevangen, sommige gejusticeert, oeck Engelse. Waerover men seyt, dat den coninc van Groot-Britanniën qualic soude tevreden wesen, van sijne oorblasers opgeritzt. Alsofte men de quaetdoenders niet en behoorden te straffen! Ende die mosten in Engelant geremitteert worden.”

Van Buchell starts telling about the yacht arriving from Batavia on January 1624, and six more ships following within a number of weeks. From “Verhaelden” onwards he jotted down notes about the events at Ambon and his opinion, in my translation: “[They] told also about a conspiracy – note the Latin conspiratio, OV – of some Englishmen and inhabitants of Amboina who aimed at capturing the castle. But they were denounced, some captured, some judged, Englishmen too. As to this it was said the king of Great Britain would hardly be pleased, but – more likely – provoked by his advisors. As if these wrongdoers did not need to be punished! Most of them are being pardoned in England”. Alas these are is only notes about this affair, he does not mention it anymore. To me this one note is tantalizing for all the things Van Buchell does not mention, but it is in my view a superficial report showing his first impressions after hearing something about the fateful events at Ambon. He mentions Ambon sixty times in this diary.

Perhaps more telling are lines in an undated Latin poem Van Buchell wrote in his diary (f. 74r): Vidimus, Oceanus salsis quod circuit undis / Incola odoriferos ter ubi capit arbore fructus / Amboynae Batavus leges ubi condidit aequas / Fragrantes interque nuces collesque calentes / Bandanos domuit populos, gentique dolosae / Imposuit frenum Javae, regemque fateri / Compulit, aut victum se aut armis esse minorem (…). A quick translation of my hand: “We see how the Ocean goes around with salt waves where an inhabitant takes thrice a year wonderful smelling fruits from a tree, where the Batave has set equal laws for Amboina, and [where] there are perfumed nuts amidst the hot hills; he rules the peoples of Banda, and he imposed a rein on the treacherous people of Java, and he forced the king to yield, be it as conquered or smaller in arms (…)”. The combination of being sure about the qualities of you own laws and a conviction that peoples on these isles are treacherous, is potentially lethal. It is striking how often Van Buchell writes in this diary about the Protestant missionaries in the Moluccas. There is another VOC diary by Van Buchell yet to be explored [The Hague, Nationaal Archief, inventory 1.11.01.01, Aanwinsten Eerste Afdeling, no. 255 (old 1882 A VI 8 1)].

Now you might want me to leave out Van Buchell, but in fact it helped me to notice the most obvious gap of the trial website. It is rather strange to bother about the full texts, complete transcriptions and translations of documents, and to accept at face value the statements about the differences in criminal procedure in Dutch law and the common law. Instead of translating Van Buchell writing about an analysis by Hugo Grotius would be most welcome. You can consult his correspondence online at the eLaborate platform of the Huygens Instituut. However, Grotius does mention the Amboyna case in his letters only casually. In 1609 Grotius published Mare Liberum, and in 1625 De iure belli ac pacis. His Inleidinge tot de Hollandsche rechts-geleerdheid appeared only in 1631, but this book deals only with private law. Clulow mentions Grotius and the Amboina case in his 2014 study. In an earlier contribution about Grotius I provided ample information about the first editions, online versions and translations of his works. Simon van Leeuwen’s classic handbook for Roman-Dutch law, Paratitla iuris novissimi dat is een kort begrip van het Rooms-Hollands reght (..) appeared only in 1651.

While pondering the Amboina case and the project website I remembered another Utrecht view of things. My first steps in the fields of legal history were led by Marijke van de Vrugt at Utrecht, the author of a book about De criminele ordonnantie van 1570 (Zutphen 1978), a study about the ordinance for criminal procedure issued by Philips II of Spain. A few years later she contributed to the series Rechtshistorische cahiers the volume Aengaende Criminele Saken [About Criminal Matters] (Deventer 1982) about the history of criminal law, with a chapter about the 1570 ordinance, and also one about Antonius Matthaeus II (1601-1654), a famous law professor at Utrecht, author of De criminibus (first edition 1644). Van de Vrugt provided judiciously chosen relevant text fragments. She discussed in detail ch. 42 of the 1570 Criminal Ordinance and explains its fateful ambiguity due to unclear words about the exceptional use of torture. Matthaeus questioned the eagerness to use torture. Would it not be most natural to provide for both Dutch and common law more precise information when they clearly were crucial for the whole affair? Lack of space and consideration for the stamina of my readers are the practical reasons to leave out here a paragraph about the common law. Clulow mentioned in 2014 the Amboina case to compare it with a later case in Japan, and pointed for good reasons to Grotius. Alas incomplete understanding and investigating the pivotal role of legal matters for the Amboina case mars the trial website.

Some conclusions

Despite my remarks and misgivings about a number of aspect of the Amboyna digital collection I think we should salute it as a welcome addition to the materials available for educational purposes. It makes also a number of documents and images easy available for doing research about the Dutch and British East India companies. At the end of this post I wonder a bit what the input of the India Office Records has been. The absence of records from the British National Archives might cause a frown, too. Adding a full list of references for the documents, archival records and images in this digital collection would redeem a clear gap. The Amboina Conspiracy Trial makes you muse about current ideas about conspiracies and the role of one-sided or full information. It is an example of two laws clashing, Dutch civil law administered by officers of a commercial company granted sovereign powers and the common law. It is chilling to note how this example of quick action led to torture and judicial killings of people where other ways to approach the situation were open.

The Amboina trial website shows many aspects in a colourful way, but it lacks some crucial information about and attention to the very crux of the matters at stake. It would be relatively simple to provide some background about the Dutch law and the common law, instead of just a few sentences. It might seem evident to focus on the trial itself, but you will have to show even in an educational setting more of the background and relevant sources. Only for Isaacq de Bruijn, the infamous Dutch official, things seemed simple. Our world is complicated, and we had better face it. In my recent contribution about presidential libraries I mentioned the replica of the Situation Room. You will need access to all relevant information, time and wisdom to judge a situation correctly and act accordingly.

A postscript

Even this long post did lack at least something very important concerning Dutch law, the collection of ordinances and placards edited by Jacobus Anne van der Chijs, Nederlandsch-Indisch Plakaatboek 1602-1811 (17 vol., Batavia, 1885-1901), also available online completely at Sejarah Nusantara, a portal for seventeeth and eighteenth-century history created by the Arsip Nasional Republik Indonesia, with both browse and search functions.

Finding Suriname’s legal history

Storage of archival records ready for return to Suriname - image F. van Dijk, Nationaal Archief, The Hague

Storage of archival records ready for return to Suriname – photo by F. van Dijk, Nationaal Archief, The Hague

Dutch colonial history is a subject which since 1975 with the Surinam independence sometimes came into view and in other periods seemed to recede into the shadows of neglect and disinterest. The activities surrounding the remembrance of the abolition of slavery in Suriname have rekindled public attention for this subject in the Netherlands. Since many years the Dutch National Archives helps the Nationaal Archief Suriname (NAS) in Paramaribo in creating finding aids and preparing the transfer of archival collections from The Hague to Paramaribo.

Apart from actions for the physical records of these collections, such as restoration and much more, digitization is one of the approaches to make them more accessible both for the people of Suriname and for everyone interested in their history. This week a tweet by the search platform Ga het NA – best translated as “Check it at the NA” – of the Nationaal Archief (@gahetNA) alerted to the online availability of 3,5 million scans, substantial results which merit attention. However, since much information on the websites of these two national archives is only given in Dutch I will provide here a concise guide to a number of the materials which touch aspects of Suriname’s legal history. The translation tools of the famous Grand Omnipresent Web Firm can redeem to some extent the problem of languages, but some guidance is helpful.

My interest in these digital archives grows steadily this month because I have at last added a page about digital archives in the digital corner of my legal history website Rechtshistorie. Adding the collections concerning Suriname certainly fills a gap. Instead of preparing this new page in silence and deploring its incompleteness I might as well invite you to look at it, and contribute your own constructive suggestions.

A tale of archives

Logo Nationaal Archief Suriname

In the forty years of Suriname’s independence much had to be done to provide the new nation with a proper national archive. Dutch support was certainly helpful, but not always completely welcome. The history of Suriname is documented in many archival collections at the Dutch Nationaal Archief, not only in those strictly dealing with parts of the Dutch colonial empire. A start at this more general level can illustrate this rapidly. At Ga het NA you can use 115 online indexes. An alphabetical overview of them takes three web pages. The first page contains for example a guide for Ghana, a country connected to Latin America by the slave trade. At the second page you should not only look for Suriname, but also for the West-Indies, in particular an index for pensions of civil officers. The third page continues with more indexes concerning Suriname and three indexes dealing with the Dutch West-Indian Company, one for the registration of investments at its Amsterdam branch (Kamer van Amsterdam) and two concerning the Dutch period in Brazil.

Logo Ga het NA - Dutch Nationaal Archief, The Hague

In the absence of a good site map at Ga het NA I have to refer you to the Dutch version of the fine research guide for Surinam history. You will quickly understand that politie stands for the police force, notarieel refers to matters dealt with by notaries, and the gouverneurs are the governors. The Raad van Justitie (1671, 1718-1828) and its successor, the Hof van Civiele en Criminele Justitie, were the main judicial courts. The Hof van Politie en Criminele Justitie (1684-1828) was another important court dealing with cases concerning public order and criminal offenses. The Rechtbank van Kleine Zaken was a minor court dealing with smaller cases. The Militaire Gerechtshof was the military court. The section for maps (kaarten) is also generous. Maps in the archival collection of the Topografische Dienst, the Dutch National Cartographic Service, have been digitized, as is the case for the collections Buitenland Kaarten Leupe and Leupe Supplement. The guide gives you also a succinct bibliography and some links to other websites. It would be most helpful to see immediately in such overviews where online scans are available, because this is exactly what many people today will foremost check for at any website. In a post about 200 years Dutch cadastral office I mention more collections with maps concerning Dutch colonial history.

Here the NAS scores clearly with a section simply called Archieven online. This overview contains currently 35 archival collections. The largest digitized collection with some 590,000 scans has been created by the secretaries of the government between 1722 and 1828, with some materials even dating from 1684 (Gouvernementssecretarie van de Kolonie Suriname, finding aid 1.05.10.1). Here you will find in particular some registers with plakkaten, ordinances (nos. 612 (1684-1782), 742 (an alphabetical index, 1781-1829), 788 (after 1796-1827)). Finding aid 1.05.11.14, Oud Notarieel Archief is the second largest collection with online scans. You can access here nearly half a million scans of notarial registers written between 1699 and 1828. The nos. 758-768 for the period 1707-1803 are registers of letters of exchange and other documents concerning trade, in particular maritime trade. Register 911 comes from John Martyn, “public notary residing at Paramaribo” between 1809 and 1814, during the period of English rule over Suriname. When you want to approach Suriname’s legal history from a comparative perspective such sources are invaluable.

First page of the 1839 dossiers of the Miiltiary Coirt, 1839

The only digitized surviving case record of the military court of Suriname, 1839 – NAS/NA, 1.05.11.5, no. 1, fol. 1r

For a combined civil and criminal court in Suriname, you can find digitized archival records in finding aid 1.05.11.13, Hof van Civiele en Criminele Justitie (1828-1832; 2,100 scans). For the same period there are scans of records from the Commissie tot de Kleine Zaken, a court for minor offences (finding aid 1.05.11.4; 533 scans). The collection for its forerunner with almost the same name, College van Commissarissen voor Kleine Zaken in Suriname (1740-1828) (finding aid 1.05.10.05) contains some 133,000 scans. The digitized records of the military court (Militair Gerechtshof) boil down to scans of a single case heard in 1839 (1.05.11.5). Among the 35 digitized collections I would like to point also to the Gecombineerde Weeskamer (1788-1828) (1.05.11.12; nearly 68,000 scans), an institution which dealt not only with orphans, but also with custody cases and belongings (boedels). A major addition to our knowledge of Jews in Latin America are the digitized records of the Portugees-Israëlitische Gemeente (1678-1909). Finding aid 1.05.11.18 gives you some 155,000 scans. You will find among the notarial registers mentioned above some volumes written by jewish jurators. By the way, the scans are currently hosted on a server of the Dutch National Archives. The faded quality of the case record shown here is a useful reminder how much work it takes to preserve and restore to useable conditions of records which survived tropical conditions and will return to a country near the equator.

Banner The Dutch in the Caribbean World

The NAS adds a generous links selection (in Dutch). Hopefully versions in Papiamentu (Sranantongo), English and Spanish will soon be added, following the example of the recently launched Dutch Caribbean Digital Platform, created by the Dutch Royal Library, the University of Curaçao and Leiden University. Its Dutch Caribbean Heritage Collections contains a few digitized books concerning law and government. Let’s not forget the general overview of archival collections held by the NAS. You can trace some 1,100 documents for Suriname and read transcriptions of legislative text using the portal The Dutch in the Caribbean World, c. 1670-c.1870 of the Huygens Instituut, recently moved to Amsterdam.

Even this concise introduction to a few highlights taken from a huge number of digital scans should convince you that the two national archives can be proud of their efforts to digitize, preserve and disclose priceless records of a country and a people. Suriname’s present condition is not at all good, but nevertheless it will hopefully help to have both physical and virtual access to records from another period where law and justice did not always reign supreme. Luckily having the originals back in Suriname goes together with creating worldwide access.

A postscript

In January 2017 started also a crowdfunding project to create online access to the slave registers of Suriname.

Powers around the corner: Musing about old houses

Many blogs honour the tradition of a seasonal post for the end of the year. Alas I cannot offer you recent pictures of Utrecht with snow, but over the years I have found another thread for my contribution to this genre. A bit of frost and foggy weather brought me in the right mood for it! The main squares in Utrecht are not very large. The Vredenburg square named after a sixteenth-century fortification has become quite small. The Domplein square is not much more than the space between the remaining choir of the former cathedral and the Domtoren. Only the Janskerkhof is a real square around a church. The Janskerk was a collegiate church with houses for the canons around the churchyard and in adjacent streets. Even to my own surprise the Janskerkhof comes into view here at many turns. In this post it has even an unexpected role in the work I do at present at Het Utrechts Archief, the municipal and provincial archives of Utrecht. Much of my knowledge comes from the website Huizen aan het Janskerkhof [Houses at the Janskerkhof] created by Caroline Pelser.

The Hardenbroek family and the Janskerkhof

Gomdolas in the Dirft near Janskerkhof 12, 1714

N. Chevalier, Gondolas in the Drift near Janskerkhof 12 during a feast given by the Portuguese servants of the count De Tarouca in 1714 – Utrecht, Het Utrechts Archief, cat. no. 32392

At Het Utrechts Archief I assist in the creation of a new and very extensive finding aid for the archival collections from the castle Hardenbroek near Cothen and the families connected with its owners. I mentioned this castle in June in my post about manors and castles in Utrecht. Caroline Pelser gives for four houses at and near the Janskerkhof documentation in which members of the Hardenbroek family appear, I will focus on one particular house, but let’s start with three other houses. In 1684 Johan van Hardenbroek and his wife Florentina van Mathenesse, scion of a rich family connected with Rotterdam, rented one half of the house with the current address Janskerkhof 12, now used by the Molengraaff Institute for Private Law. Near this building is a relief in honour of Willem Molengraaff (1858-1931), a famous law professor, as you can see on my photograph in an earlier post.

A century later, in 1788, Florentina Elisabeth van Hardenbroek rented the house at Drift 11. Its most famous inhabitant was Christophorus Buys Ballot (1817-1890), the founder of the Dutch meteorological institute and still known for Buys Ballot’s law, one of the few meteorological laws. This house, too, eventually became for some time home to a university institute; it houses now the office of a charitable institution.

The Voorstraat is the street around the north and west side of the area once forming the immunity or precinct of the chapter of St. John. At Voorstraat 79 Karel Gijsbert Jan van Hardenbroek rented in 1911 a room as a student at Utrecht University. Currently the building is united with Voorstraat 77, at the corner with the Boothstraat leading directly to the Janskerkhof, and used for a restaurant.

The former Ridderschapshuis at the Janskerkhof

However inglorious Voorstraat 79 might now be, with Janskerkhof 2 you encounter one of the most impressive buildings around the Janskerkhof. It lies directly adjacent to the building used by the States of Utrecht, the Statenkamer, the premises of a former Franciscan convent. Recently the buildings of the Statenkamer have served Utrecht University for many years as the home of the Law Library, yet another familiar spot for the readers of this blog. Janskerkhof 2 has the strongest connection with the Van Hardenbroeks. The house came in the seventeenth century in the possession of Cornelis Booth, a city councillor who was very interested in the history of Utrecht. He did not sell this house when he moved to the house which is now Boothstraat 6 at the north side of the Janskerkhof. His manuscripts kept at Het Utrechts Archief are invaluable sources for the history of the town and province Utrecht (collection no. 759, Familie Booth).

In 1766 the States of Utrecht bought the house at Janskerkhof 2 in order to enlarge the premises of the Statenkamer, but in 1774 they sold it to Gijsbert Jan van Hardenbroek (1719-1788), member of the Ridderschap, the gentry forming the Second Estate in the States of Utrecht. When he became its president in 1781 the members convened in his house they started calling the Ridderschapshuis. In his will he stipulated the gentry would inherit his house. In 1824 a nephew, Ernest Louis van Hardenbroek (1774-1843) lived in it. Only in 1850 the Provinciewet made an end to the function of the gentry in the provincial states. The former members of the gentry formed a society under civil law and used the Ridderschapshuis until 1880. In 1881 at last the building of the former Statenkamer at Janskerkhof 3, since 1816 owned by Utrecht University, was connected to Janskerkhof 2. Hence a later inhabitant, A.A.W. Huybrecht (1853-1915), a zoologist and a pioneer of modern embryology, lived directly next door to his lecture hall and laboratory. A short article by L.M. Rutgers van Rozenburg about Janskerkhof 2, ‘Geschiedenis van het Ridderschapshuis te Utrecht (1781-heden)’. Maandblad Oud-Utrecht 56 (1983) 172-174, can be read online. Utrecht University Library maintains the online bibliography for the history of Utrecht in which you can find more publications about many subjects touching Utrecht, sometimes enhanced with links to digital versions.

Portrait of Gijsbert Jan van Hardenbroek-image RCE

Portrait of Gijsbert Jan van Hardenbroek – Castle Hardenbroek – photo: A,J. van der Wal, Rijksdienst voor het Cultureel Erfgoed, object no. 400.410

Gijsbert Jan van Hardenbroek is the best documented member of the Van Hardenbroeks, The new inventory will show many aspects of his activities in various functions, For example. he was not only a very active member of the States of Utrecht, but also member of the Staten-Generaal. It is tempting to give here teasers from the archival records at Het Utrechts Archief. They shed new light on his memoirs edited by F.J.L. Krämer and A.J. van der Meulen, Gedenkschriften van Gijsbert Jan van Hardenbroek, heer van Bergestein, Lockhorst, ‘s Heeraartsberg, Bergambacht en Ammerstol, president der Utrechtsche ridderschap, gedeputeerde ter Generaliteitsvergadering enz. (1747-1787) (6 vol., Amsterdam 1901-1918).

Being the lord of Bergambacht and a castle in this village resulted in a number of archival records which are essential for studying this location and the area around it in the current province South Holland. Looking at his house in Utrecht so closely connected with his functions helps to see his castle Hardenbroek in the right perspective. However, other Van Hardenbroeks are every bit as interesting as this remarkable member of a family tracing its ancestors back into the fourteenth century. If you want to pursue the history of the houses at the Janskerkhof in more detail you can use the online version at the Digital Library for Dutch Literature of the descriptions given in the standard work by Marceline Dolfin, E.M. Kylstra and Jean Penders (eds.), Utrecht. De huizen binnen de singels (2 vol., The Hague 1989). Caroline Pelser has added links to the specific sections in this work for a particular house at the end of each web page.

The new inventory of the family and castle archive Van Hardenbroek is the result of nearly twenty years work by C.A. van Kalveen, and I am happy to help him finishing it at the Utrecht archives. One of my colleagues at Het Utrechts Archief, Floortje Tuinstra, has written an article about the houses rented by the delegations negotiating  from 1712 to 1714 the treaties of the Peace of Utrecht [‘De Vrede van Utrecht gelokaliseerd. Huisvesting van de diplomaten’, in: De Vrede van Utrecht. Jaarboek Oud-Utrecht 2013, 69-94]. Her article alerted me to the etching with the gondolas in the Drift canal. Houses at the Janskerkhof and surroundings streets, too, served as residences for some of the delegations. If you would like to find more images of the Janskerkhof, the Ridderschapshuis and the Statenkamer, you can search for them at the website of Het Utrechts Archief, and also for example in the image database of the Dutch Heritage Agency, the Memory of the Netherlands and the Atlas van Stolk. Last but not least I should recommend the website of Caroline Pelser and her very useful overview of sources concerning not only the Janskerkhof but in particular the legal history of both the town and province Utrecht.

Love and natural law

Homepage Natural law project, Universität ErfurtSometimes a title can be very evocative or curious. When I read about an upcoming conference about Love as the principle of natural law. The natural law of Johann Gottlieb Heineccius and its context at Halle on November 24 to 26, 2016, I simply wanted to know more about this event. What is the connexion between love and law? What is the role of love in or for natural law? In this post I would like to make a foray into the history of natural law, an important movement in the European legal history of the Early Modern period. The event at Halle is organized by the platform Natural Law 1625-1850, an international research project led by scholars at Erfurt, Halle and Bayreuth.

Love is the word

The project Natural Law 1625-1850 aims at studying natural law as a phenomenon which connect law with other disciplines, such as philosophy, political thought, theology and the arts. Natural law as a concept or a set of ideas gained importance not only in Western Europe but also in North and South America. To help achieving this aim the project website will eventually contain digitized sources, a scholarly bibliography and a biographical database, all surrounded by a scholarly network with accompanying events.

Portrait of J.G. Heineccius

Portrait of Heineccius by Christian Fritzsch in his “Opera posthuma” (1744) – Herzog August Bibliothek, Wolfenbüttel / Porträtdatenbank Franckesche Stiftungen, Halle

The conference in Halle has as its objective getting Heineccius out of the shadows cast by his much more famous colleague Christian Wolff (1679-1754). In fact the main venue of the conference, the Christian-Wolff-Haus at Halle, is the very house where Johann Gottlieb Heineccius (1681-1741) lived for some years, too. Heineccius’ major book concerning natural law, his Elementa iuris naturae et gentium (1737) was certainly as influential as any of Wolff’s publications. Before you start arguing that the scope of this conference is rather small, it is good to be aware of a second conference organized by the platform around the theme Sacred Polities, Natural Law and the Law of Nations in the 16th-17th Centuries (Budapest-Olomouc, November 10-12, 2016). Exactly the impact of natural law across the borders of Northern and Southern Europe, continental and common law, and the exchanges between Protestant and Catholic Europe will be discussed at this event.

One of the reasons to focus on Heineccius is the simple fact that although his works both in the field of Roman and natural law are famous enough, his own life and career and the development of his views is still a field to be discovered. Luckily there is at least one modern biography by Patricia Wardemann, Johann Gottlieb Heineccius (1681-1741). Leben und Werk (Frankfurt am Main, 2007). In the first edition of Michael Stolleis’ Juristen. Ein biographisches Lexikon. Von der Antike bis zum 20. Jahrhundert (Munich 1995) Klaus Luig did not mention at all in his contribution Heineccius was first trained as a theologian before he started studying philosophy and law. In this respect the concise article by Rolf Lieberwirth for the Neue Deutsche Biographie 8 (1969) 296-297 is better. The online version of this article at the portal Deutsche Biographie has as great assets direct links to various online projects in which persons appear. The conference program has a judicious mixture of contributions focusing on the person of Heineccius on one side, and on the other side papers discussing in particular his impact in various European countries. Alas only the introductory lecture by Knut Haakonsen and Frank Grunert, with Diethelm Klippel founders of the platform, will address directly the theme of love as a principle of natural law. Here Klaus Luig’s short biographic article is helpful with a terse note that Heineccius meant love as a command of God. Natural law tends to be viewed as an attempt to build a legal system without massive reliance on Christian religion or at the best a decidedly Protestant legal order. Luig adds that precisely this religious character made Heineccius’ views also interesting for lawyers in Catholic countries.

Heineccius published his work in Latin whereas Wolff became famous for his use of German in his learned publications. He gained even praise for his excellent grasp of Latin. Interestingly, there is a modern German translation of Heineccius’ Elementa iuris naturae et gentium by Peter Mortzfeld, Grundlagen des Natur- und Völkerrechts, Christoph Bergfeld (ed.) (Frankfurt am Main, 1994). One of the things that merit attention when looking at natural law is the interplay between theology, philosophy and law. Maybe natural law deserves our attention exactly because it forces you to see legal history in a wider context.

Searching for portraits of Heineccius luckily brought me to the English translation by George Turnbull (1741, 1763) of Heineccius’ Elementa iuris naturae et gentium, now available online in the Online Library of Liberty. The modern introduction to this translation offers a welcome sketch in English of Heineccius’ views and the role of love as a guiding principle. It becomes clear he saw love not as an infatuation, an affinity or an Affekt, but as “the desire for good”, working in our relations to God, ourselves and other people.

Natural law has its attractions as offering a supranational foundation beyond existing legal systems, but in reality either religious influences or Roman law became their actual source. In this respect attempts to create a system for natural law are flawed, but they offer for historians fascinating views as a kind of projection screen for the vision of the lawyers working in this direction. For me it is also the changing character of nature itself that has made me cautious about natural law and its supposed independence of existing forms of law and justice.

A Frisian connection

Banner Franeker Universiteit

Another reason for me to look at Heineccius is the period he spent at the university of Franeker between 1723 and 1727. The university of Franker existed from 1585 to 1811. Heineccius quickly came into contact with for example Cornelis van Bijnkershoek. He wrote a preface to Van Bijnkershoek’s Observationes iuris Romani in the edition Frankfurt and Leipzig: ex officina Krugiana, 1738. In the licensed database of the Corpus Epistolarum Neerlandicarum (Royal Library, The Hague and Picarta) I could find just one letter to Heineccius written by Tiberius Hemsterhuis (Leiden, UB, BPL 3100). Using the search portal for Dutch archives I could find Heineccius as one of the people mentioned in the correspondence now part of the Stadhouderlijker Archief kept at Tresoar, the combined Frisian archive and provincial library at Leeuwarden.

Alas I checked in vain for Heineccius in several online projects dealing with Early Modern correspondence and networks. The project Cultures of Knowledge give you a selection of relevant links. Only the Kalliope Verbund has records for a few letters to and by Heineccius in the holdings of German libraries. The Archivportal Deutschland mentions a portrait of Heineccius and a letter of king Friedrich Wilhelm of Prussia from 1737 who did not allow Heineccius to become a professor at Leiden. Just like the university of Harderwijk Franeker was for a considerable number of professors only a stop to go to either Utrecht or Leiden. The letter at the Bayerisches Hauptstaatsarchiv in Munich [BayHStA, Gesandtschaft Haag 2532] is also traceable through the portal of the Deutsche Digitale Bibliothek, but there is no access to a digitized version of this document. By the way, the Bibliografie van hoogleraren in de rechten aan de Universiteiten van Groningen en Harderwijk tot 1811, B.S. Hempenius-Van Dijk et alii (eds.) (Amsterdam 2013) can be downloaded as a PDF, as is the case, too, with the volume Bibliografie van hoogleraren in de rechten aan de Utrechtse Universiteit tot 1811, edited by Margreet Ahsmann, Robert Feenstra and Corjo Jansen (Amsterdam, etc., 1993). You will spot several professors who climbed from minor universities to the most famous! It has to be said that these volumes do not offer complete bibliographies in the sense librarians and book historians use this term. They should be seen as extensive finding lists with descriptions of copies of the works of these professors found in major libraries around the world. Robert Feenstra wrote an extensive bibliographical article about Heineccius in the Low Countries, ‘Heineccius in den alten Niederlanden : Ein bibliographischer Beitrag’, Tijdschrift voor Rechtsgeschiedenis 72 (2004) 297-326, and Klaus Luig, too, should be mentioned again, now with his article ‘Heineccius, ein deutscher Jurist in Franeker’, Tijdschrift voor Rechtsgeschiedenis 77 (2011) 219-227.

Heineccius in context

If you want to delve into Frisian history the website of Martin Engels contains lots of transcriptions of documents on many subjects, including the history of the university in Franeker. In the corner Iuridica of his colourful website Engels presents things of more general interest for legal historians. He has created a webpage with the contents of the Practisijns woordenboekje by Franciscus Lievens Kersteman (Dordrecht 1785), a glossary of Dutch legal terms. There is a page about the Soevereine Raad or Hof van Gelre in Roermond, a court in the province Guelders. For Frisian legal history Engels made extracts for a glossary of Frisian law in the Early Modern period from S.J. Fockema Andreae, Proeve van een woordenlijst der aan Friesland (onder de Republiek) eigene bestuurs- en rechtstermen (Leeuwarden 1967). The very core of his website are pages about the copy at Leeuwarden of a sixteenth-century collection of legal treatises, the Oceanus iuris, meaning the Tractatus universi iuris or Tractatus illustrium (…) iurisconsultorum (Venetiis 1584-1586), originally donated in the early seventeenth century to the university of Franeker. Engels scanned and indexed the lists of authors in the Oceanus iuris. I wrote here about this massive legal collection and its forerunners in an earlier post. When studying publications by lawyers from Franeker it is useful to look at the Bibliografie van hoogleraren in de rechten aan de Franeker universiteit tot 1811, Robert Feenstra, Theo Veen and Margreet Ahsmann (eds.) (Amsterdam 2003). Personal reasons forced Heineccius to return to Germany. The website on the history of the Franeker Universiteit contains concise but interesting information centered around the Museum Martena in the historical buildings of the Martenastins, a stately mansion in Franeker from 1506. I did not spot Heineccius among the selection of portraits of professors on this website. A search in the rich online databases of the Dutch Rijksbureau voor Kunsthistorische Documentatie in The Hague yielded no results for Heineccius.

Banner IZEA, Halle

In the team of scholars leading the project on the history of natural law between 1625 and 1850 Frank Grunert (Halle) is clearly the one closest to the German luminaries of the eighteenth century. At the Interdisziplinäres Zentrum für die Erforschung der Europäischen Aufklärung of the Universität Halle he leads the projects for the modern critical edition of selected works of Christian Thomasius (1655-1728) and his correspondence. Eventually the volumes of the edituion of Thomasius’ letters will be put online. The website of the IZEA can be visited in German, English and French. There is also a digitized version of a current bibliography for Thomasius [Bibliographie der Thomasius-Literatur 1945-2008 (Halle 2009); PDF], and you might also want to use Gerhard Biller, Wolff nach Kant. Eine Bibliographie (2nd edition, Halle 2009). Among the recent publications of the IZEA the Handbuch Europäische Aufklärung: Begriffe, Konzepte, Wirkung, Heinz Thoma (ed.) (Stuttgart 2015) stands out, a volume with fifty contributions about central concepts, ideas and the impact of the Enlightenment.

The IZEA is located in the former Rote Schule, the building of the girls school on the grounds of the famous Franckesche Stiftungen zu Halle, the institution which supported the influential pietist movement started by August Hermann Francke (1663-1727), becoming eventually a major phenomenon in German culture. Its buildings survived the DDR period, but it is still chilling to see the highway above street level directly opposite the beautiful grounds and buildings. The Franckesche Stiftungen have created a fine portrait database in which you can find images of many German people. In the digital library of the Franckesche Stiftungen I did notice the Epistolar Franckes, a project for digitizing Francke’s correspondence, but currently there is no trace of Heineccius. Let’s not forget to mention that the Universitäts- und Landesbibliothek Sachsen-Anhalt in Halle is one of the libraries participating in the project VD18, the overview of eighteenth-century German imprints. Its digital library contains a number of Heineccius’ works. The Repertorium Alba Amicorum contains records for the entries in 1719 of Heineccius, Wolff and Francke himself in the album of Immanuel Petrus Geier [Halle, Frankesche Stiftungen, Archiv: AFSt/H D 133].

Within the project Natural Law 1625-1850 four scholars look at German universities (Frank Grunert, Diethelm Klippel, Heiner Lück and Gerhard Lingelbach); Wilhelm Brauneder will focus on universities in Austria. For other countries individual scholars come into action. I would have expected more information on the project website in the very month two scholarly events take place, but perhaps the energy of the organizers was focused for good reasons on these events! Hopefully the attention to the European context of the great figures in the history of natural law and their interest in and connections with other disciplines will lead to interesting results.

The Schelde river, a disputed boundary

The Low Countries owe their importance not only to political developments. Geographic conditions play a major role, too. The picture of the Netherlands as a country below sea-level in the Rhine and Meuse estuaries has become a cliché. More to the south another river, too, had formed a mighty estuary. The Schelde, in English often spelled Scheldt, and in French known as the Escaut, has formed an estuary in Flanders and in the Dutch province Zeeland. In particular the Westerschelde has played an important role in Dutch and Belgian history. Cities such as Ghent and Antwerp own part of their prosperity to their position on the Schelde river. The Westerschelde is at some points the border river between Belgium and the Netherlands. In this post I will look at a number of the conflicts around this river.

Scheldt River Collection, Peace Palace LibraryTracing the history of these conflicts has become easier thanks to the Peace Palace Library in The Hague which has created a digital Scheldt River Collection with some 300 publications, 35,000 digitized pages in all. These publications are not only in Dutch and French, but also in other languages. The Peace Library devoted in 2015 a Library Special on its website to the Schelde with a link to a report on the current situation of this river and a list of the main conflicts and events since 1585, The Scheldt estuary case: From conflict to cooperation. In this contribution I will look both at the history of conflicts about the Schelde and at the digital collection of the Peace Palace Library.

Centuries of conflicts

The navigation on the Schelde had been already an issue long before the Belgian independence in 1839. During the Dutch Revolt in the sixteenth century the blockade of the Schelde massively damaged the trade to and from Antwerp, and prompted many Flemish merchants to go to the North. Amsterdam’s growth in economic power around 1600 is to a substantial degree due to an influx of merchants from Flanders, their talents and networks. However, this period does not come into view in the digital collection. The Peace Palace Library has digitized books from its own collection. Apparently fifteen works from 1784 and 1785 are the earliest available. Among these works is a treatise by someone more famous for his role in French history. Honoré Gabriel de Riqueti, comte de Mirabeau (1749-1791) published a treatise with the title Doutes sur la liberté de l’Escaut, réclamée par l’empereur; sur les causes & sur les conséquences probables de cette réclamation (London 1785). It was this work that brought Mirabeau to the attention of the general public in France. The Peace Palace Library digitized also a contemporary Dutch translation of this treatise. Some of the digitized publications discuss the role of the Schelde in Dutch and Belgian history starting with the medieval period, for example Charles Terlinden’s study ‘The History of the Scheldt’, History 4 (1920) 185-197, 5 (1921) 1-10, which sparked immediately a reaction from a Dutch historian, F. de Bas, ‘Another version of the Scheldt history’, History 5 (1921) 159-170.

The rivalry between the Dutch North and the Flemish South has not been the only cause for conflicts. The Dutch neutrality during the First World War made matters even more acute. After the First World War the attempts at a new treaty about the Schelde and the proposals to build a canal between the Schelde and the Rhine-Meuse estuary failed in the end in 1927 after heated national debates. More than one hundred publications in the digital collection bear witness to this prolonged affair. Legal historians, too, looked at the Scheldt question. The digital collection contains two publications by Ernest Nys, ‘Les fleuves internationaux traversant plusieurs territoires : l’Escaut en droit des gens’, Revue de droit international et de législation comparée 5 (1903) 517-537 (1903), and L’Escaut en temps de guerre (Brussels 1910). In 1940 Eduard Maurits Meijers published his study ‘Des graven stroom’, Mededelingen van de Koninklijke Nederlandse Akademie der Wetenschappen, Afdeling Letterkunde, new series, 3/4, pp. 103-205, in which he traced the medieval claims and jurisdictions on the several branches of the Schelde. Meijers thoughtfully added transcriptions of the main documents he discussed. In 1953 Chris van der Klaauw, between 1977 and 1981 the Dutch minister of foreign affairs, defended his Ph.D. thesis in history about the interwar relations between the Netherlands and Belgium [Politieke betrekkingen tussen Nederland en België, 1919-1939 (Leiden 1953)].

Map of the Schelde estuary, 1784

The search function for this digital collection is rather restricted. There is only a free text search field. A bit more disturbing is the chronological order of presentation. At the very end of the chronological list you will find some publications with the year of publication marked 19XX and also those with the year of publication between parentheses. All digitized publications are only available as PDF’s. It would be very helpful to have a map of the Schelde estuary, or better, a series documenting not only the changing Dutch and Flemish frontiers, but also the changing shapes of the various isles of Zeeland, lands newly reclaimed and added as polders, and the changing river branches. Mirabeau already added a map to the first edition of his treatise in 1784. The second edition mentioned the presence of a map explicitly in the title. As a solace I offer here a screen print of the map in the digitized copy of the first edition. If you want to pursue a search for digitized old maps you might want to look about my contribution of last year about 200 years Dutch cartography and historical-geographic information systems.

Banner EHB

How wide is the coverage of this digital collection? I could not help thinking of visiting the website of i-Hilt, the center for the History of International Law at Tilburg University. In July 2016 the center launched a new version of its online bibliography, a PDF with nearly 400 pages. I had not expected to find just one publication referring directly to the Schelde, Alain Wijffels, ‘Flanders and the Scheldt Question. A Mirror of the Law of International Relations and its Actors’, Sartoniana 15 (2002) 213-280. It might look like a classic example of having a famous case almost at your doorstep – the distance from Tilburg to the Schelde is some fifty kilometers – and somehow almost overlooking it… Randall Lesaffer provides very useful basic reading lists for the history of international law, including historiography and methods. The links section of i-Hilt is also worth checking. I checked the Digitale Bibliografie voor de Nederlandse Geschiedenis, and alas I could find just thirty publications about the Schelde, and even less for studies dealing with the conflicts. One of the articles not to be missed is by Frits Doeleman, ‘Zeggenschap op de Honte’, Tijdschrift voor Rechtsgeschiedenis 43 (1975) 24-43. Its very title is a warning to look beyond the mere word Schelde! Cardholders of the Dutch Royal Library and users at subscribing institutions can use the bibliographical and iconographical database of the former NCRD, with for the Schelde nearly 70 items, most of them publications, but alas since some ten years not updated. Of course I looked also at the Belgian counterpart of the DBNG, the Bibliographie de l’Histoire de Belgique / Bibliografie van de Geschiedenis van België – BHB-BGB with its trilingual interface and more relevant results than in the DBNG. These bibliographies can be found at the portal European Historical Bibliographies. Returning to the question of this paragraph I think it is safe to conclude that the Peace Palace Library performs a real important service for scholars in presenting this digital collection.

I checked also for the presence of digitized books concerning the Schelde in Delpher, the digital library of the Dutch Royal Library, but I noticed only few of the books now available online thanks to the Peace Palace Library. At Delpher in particular the relevant works published around 1785 are present, and they can be viewed in more ways. The library catalogue of the Zeeuwse Bibliotheek contains only a few books dealing with the Schelde problems, and unfortunately I could not reach the website of this fine library in Middelburg. The Zeeuws Archief has in fact more relevant publications in its holdings. The archival collection concerning pilots on the Schelde is particularly interesting [Rijksloodswezen, 6e District, Monden van de Schelde, (1808) 1835-1950 (1966)].

In Belgium you should look in particular at the websites of the Felixarchief, the municipal archive of Antwerp, the Erfgoedbibliotheek Hendrik Conscience, and the Museum aan de Stroom, situated on a quay of the Schelde. These websites have multilingual interfaces. The Anet meta-catalogue enables you to search with one action in many libraries at Antwerpen, including the university library. The Flemish digital library Flandrica, too, contains some items documenting Flemish history around the Schelde river. The Short-Title Catalogue Vlaanderen (STCV) helps you tracing books printed in Flanders between 1500 and 1800.

After looking at this new digital collection I am aware much more can be said about the Dutch province Zeeland which indeed is a province of islands and sea. Floods took sometimes a great toll on the areas adjacent to the several branches of the Schelde. Whole polders have thus disappeared. Ironically there is a modern dispute about the last polder reclaimed from the Westerschelde, the Hedwigepolder. The history of international law is one of the many possible approaches to the history of a river which both connected and divided the Low Countries. The Schelde connects and divides even today in some respects.

Mapping Australia, an encounter between art and maps

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

On the map

Late 17th century Dutch map of

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

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

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

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

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

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

logo-memoryofthenetherlands

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

Mapping with a different mind-set

Artistic maps at the exhibition

Maps created by Judy Watson

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

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

Place names of Australia - viedo installtion by Judy Watson

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

Reading the sources

Logo Wat Staat Daer

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

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

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

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

Digging up cold cases, a useful metaphor

The start of the Cold cases exhibit in Museum Flehite, AmersfoortA few weeks ago I visited an exhibition with a title which I had associated first of all with law and justice, Cold Cases Amersfoort at Museum Flehite in Amersfoort. Even its subtitle Oude skeletten, nieuwe ontdekkingen [Old skeletons, new discoveries] did not turn me away from making the short journey by train from Utrecht to the lovely small city of Amersfoort. The exhibition was certainly not exactly what I had in mind, but in fact the very difference between my expectations and the actual exhibition made me think. While walking in beautiful old Amersfoort and visiting two other historic locations it seemed these three locations each bring their own perspective. In a way this post is about some of the metaphors we often use almost without noticing them. In the light of a sunny Saturday afternoon they became visible again.

An archaeological approach
Logo Museum Flehite

Cold cases, these words worked for me like a trigger. You might associate it first with reconstructing and analyzing cases, but here archaeologists worked with some five hundred human skeletons, a reminder that however abstract analysis can become you meet here the physical remains of people who walked on the surface of the earth, just as we do now. These skeletons were found during the excavations of cemeteries on four locations, some of them attached to monasteries. Some excavations took place a few decades ago, but with new technical equipment the skeletons can now be studied in far greater depth than a generation ago. Think only about the way tiny fragments containing DNA can now be analysed in a way simply impossible twenty years ago. In this respect the title Cold cases is certainly aptly chosen.

Harm and violenceIn this exhibition you do not just have complete and incomplete skeletons. There is general information, there are showcases about individuals whose skeleton in some way can tell us vital information about their life. There is for example attention for the way you can determine gender and age, or detect traces of diseases. Some skeletons, in particular skulls, show the signs of accidents or violence, others are marked by the deadly effects of a disease. Syphilis came to Europe in the early sixteenth century, and its harmful presence is clearly visible once you know the tell-tale symptoms.

Reconstructing a girlPerhaps the most telling part of the exhibition is the room showing the reconstruction of the face of a young girl. She has received the nickname “The Girl with the Ear Clamp” because of the iron clamp used for head caps found in her grave. A lot of techniques and skills are necessary to reach the final result, a startling lifelike face. In order to bring especially young visitors closer to the work done to achieve such results part of the exhibition is a kind of study room with a laboratory. Every Wednesday an archaeologist can give you more explanations about the exhibition and the way archaeologists can now approach human remains. On other days a story-teller takes you back to late medieval Amersfoort, and on Sunday afternoons you can meet the challenge to reconstruct yourself a skeleton.

Food for thought

When I left a bit earlier than expected the exhibition at Museum Flehite I had enough time to visit two other historic locations. I went first to a museum housed in the remaining buildings of an Early Modern hospital, the Sint Pieters en Bloklandsgasthuis at the Westsingel. In fact it is the only still existing one of its kind in my country. The chapel built around 1500 and the men’s hall from 1536 have survived the centuries. On weekdays visitor can meet actors dressed as inhabitants who re-enact some inhabitants in the year 1907, just before the removal to new premises at Achter Davidshof. The choice to play out this situation with as its surroundings the situation of the nineteenth century might seem startling, but it would indeed be more difficult to stage people from the sixteenth century. The actors tell the visitors they do not yet know the new place and that they are excited and anxious about their new housing. Instead of telling in ample detail about their daily life, as indicated in an ordinance you can read in the main hall, they prefigure almost the way a historian approaches the past. You do not know what is around the corner of what someone will day or do in a few moments, unless a lifetime of patient attention, study and reflection over the years has taught you something fundamental about people living in particular times and circumstances.

My third visit on this afternoon in August was to the Mondriaanhuis, a museum documenting the life and works of the Dutch painter Piet Mondriaan (1872-1944), a pioneer of modern art, often associated with the De Stijl [The Style] group whose members favoured cubic forms and sparse use of colors. The museum is located in the very house where Mondrian was born. On the first floor there is a faithful reconstruction of his humble apartment and atelier on the attic of a Parisian house. Even the background noises and fragments of songs from the roaring twenties add to the atmosphere, as if the painter could walk in here any moment. Apart from documenting the life and works of Mondriaan this museum has also space for exhibitions that show his impact on contemporary art. To be honest, the Mondriaanhuis does have only a few works by Mondriaan himself in its holdings. I use the Dutch spelling Mondriaan on purpose!

Looking at the different approaches in these three museums is certainly interesting. At Museum Flehite there is much attention for the how of a reconstruction. At the old hospital there is a sharp contrast between the seemingly timeless space and the expectations of the last inhabitants about their new home. In the Mondriaanhuis the reconstruction of the attic in Paris evokes almost to perfection the surroundings of an artist in the world capital of art. Every approach has its values and shortcomings. I bring these museums together fully aware they cannot be compared completely at the same level, but any comparison goes faulty. We use metaphors from all kind of spheres of life together, often without noticing the funny effect of for example naval terms side by side with agricultural words.

Has archaeology any uses for legal historians? I was hoping this question would show up here sooner or later. When reviewing in my mind the three museums at Amersfoort I would say that any discipline can be important, either on its own or more as a kind of handmaiden in the role of an auxiliary science. At Bordeaux a symposium will be held on February 8-10, 2017 concerning the theme (Re)lecture archéologique de la justice en Europe médiévale et moderne, “An archaeological (re-)reading of justice in medieval and Early Modern Europe”. There will be three main sections, one focusing on justice and space, another on justice and the body, and the third on objects associated with justice. The way archaeological approaches and methods used more commonly by legal historians can interact with each other will be explicitly addressed. The deadline of the call for papers is September 15, 2016. If you think you can convince scholars to use with great benefit the ways archaeologists approach the past, or make inversely them aware of the particular and fruitful ways legal historians work, you are most welcome. Hopefully this post helps you to consider the role of archaeology for legal history, not to solve just one cold case, but to gain perspectives on cases that might be closer connected than you can see at the surface.

Cold cases. Oude skeletten, nieuwe ontdekkingenMuseum Flehite, Amersfoort – June 19 to September 25, 2016