Tag Archives: Political history

Women and law in medieval letters

Logo EpistolaeHow can you correct some of the deceptive perspectives, or even worse, outright biases, without surrendering your own powers of comprehension? What is humanly possible to change your mind? I think we should embrace every sincere invitation to let us listen better to voices easily overlooked in our regular research practice and use of sources. In the project under discussion in this post I will as usually try to look first of all for its qualities, and not only for things to be repaired or bettered. Epistolae: Medieval Women’s Latin Letters is a project created by Joan Ferrante, a professor of English literature at Columbia University, New York. Its core is a corpus of nearly 2,400 medieval letters, both in English translation and in the original languages. What does this substantial collection contain, and what not? How easy can you use its contents? What is in these letters for legal historians?

Spanning a continent and a millennium

The second logo of Epistolae

The letters in the Epistolae project are written in Latin. They date from the fourth to the thirteenth century, and thus there are texts from Late Antiquity up to the century which often has been seen as the apogee of the Middle Ages. The collection contains both letters sent by women and letters they received. Apart from browsing the entire collection you can search the letters using separate search fields for the title of a letters, senders and recipients, and there is also a global search field. The first three fields automatically generate suggestions for items containing a part of your search which you can select for quicker searching. By clicking on the title of a column in the results view you can change its sorting order. There is a basic bibliography for the resources used for this project, with in many cases only the title of publications and their presence in Columbia’s university library. In the second section of the project you will find biographies about the women figuring in the project.

One of the things I quickly noticed is probably one of the historian’s idols, the absence of years or a period of years in a number of search results. In some cases a global date can be added easily because we know the years in which the sender or recipient lived. Historians prefer to know from which period or year, or when necessary even from which date a source stems. Temporal precision helps you to avoid generalisations for a period like the European Middle Ages which span a continent during a millennium. However, the thing clearly most important here is showing the existence of letters written by women or received by women in a language mostly associated with men and male education.

However large the number of more than 2,300 letters may seem, you will probably want to see as many letters written by women as possible, and in a second set letters written to women, and you might want to have also easy access to letters sent among women, but I do not see here the possibility to create this subset quickly. With this in mind I was rather amazed that you will find for Hildegard of Bingen (1098-1179) only three letters dictated by her and three sent to her. Her correspondence is good for three volumes in the modern scholarly edition, Hildegardis Bingensis, Epistolarium, Lieven Van Acker and Monika Klaes-Hachmoller (eds.) (Turnhout: 1991-2001; Corpus Christianorum, Continuatio Medievalis, 91, 91a and 91b), commonly seen as the one of the largest collections of letters written by a medieval woman. Hildegard is justly famed for the wide variety of people she wrote to and writing to her. The examples given here are restricted to letters to Elisabeth von Schonau, Eleanor of Aquitaine and Bernard of Clairvauc, and letters of Bernard of Clairvaux and Elisabeth von Schonau. The entrance for Hildegard of Bingen mentions the English translation [The Letters of Hildegard of Bingen, Joseph L. Baird and Radd K. Ehrman (Oxford etc., 1994, 1998, 2004)]. I did not find a statement on the website for this severely restricted choice, but it might be a matter of creating a balance between well-known and lesser known women.

A Dutch and Flemish view

You could bet I would look in the database of Epistolae for Dutch women, and this is indeed fruitful and revealing. There are 127 search results for a global search with the term Holland, and 208 results when you search for Flanders. However, something else becomes also visible. Each letter with more than one sender or recipient is recorded as many times as there are senders and recipients. Let’s look for example at the two charters of count William of Holland addressed to Margaret of Constantinople, countess of Flanders, written both May 19, 1250 in Brussels. I could not help spotting that William is according to the first charter only count of Holland, and in the second charter he figures as king of Romans. Ashleigh Imus provided Ebnglish translations of these charters. I checked the text also in the source mentioned at Epistolae, the Oorkondenboek van Holland en Zeeland tot 1299 (OHZ), A.C.F. Koch, J.G. Kruisheer en E.C. Dijkhof (eds.) (5 vol., The Hague 1970-2006) digitized by the Huygens Institute / Institute for Dutch History.

The first charter, no. 851 in the OHZ, reads clearly “Willelmus Dei gratia Romanorum rex semper augustus, comes Hollandie,” both king and count, with for Margaret, “Margareta Flandrie et Hainonie comitissa”, yet another county, Hainault. In the second charter (OHZ, no. 856) William is called only king of Romans, “Willelmus Dei gratia Romanorum rex semper augustus”. When you check the OHZ you will see Margaret figures in more charters dated May 19, 1250. In no. 858 her name is abbreviated. No. 701 of December 16, 1246 is present in the Epistolae database, but this charter was not addressed to the abbot and monastery of Doesburg. Thosan is the Flemish monastery at Ter Doest.

In yet another letter, this time addressing pope Gregory IX in 1242, Ashleigh Imus rightly corrected a misprinted location in an old Italian edition. The charter mentions indeed Veurne (Furnes) in Flanders. There is a summary of this charter in the registers of pope Innocent IV [Les Registres d’Innocent IV (1243-1254) I, Elie Berger (ed.) (Paris 1884), p. 52, no. 290], dated “Datum Lateranensi VI Idus Decembris”, December 8, 1243, and not on “III Nonas Decembris”, December 3, and edited from the papal register Reg. Avon. I 289, f. 47. I could not find this charter at the Belgian portal Diplomatica Belgica. Ferrante mentions the conflict about Hainault in her very interesting short biography of Margaret of Constantinople (1202-1280), without however caring to give the date of her birth and death.

You can check the charters of the only Dutch king of the Holy Roman Empire also in Die Urkunden Heinrich Raspes und Wilhelms von Holland, Dieter Hägermann and Jaap Kruisheer (eds.) (Hannover 1989; Monumenta Germaniae Historica, Diplomata), available online at dMGH, the digital platform of the MGH in Munich. The two charters nicely shows the difficulties of recording in a database the presence of multiple people involved with one item, and in this case even two person with two roles in the first charter. Things are clearly not entirely correct when you cannot find Margaret when you use a global search for Hainault. I am afraid that you got to be very much aware of the fact that only 800 letters have been entered into the Epistolae database, even though 2000 letters have been collected and await further treatment.

If you want to follow the trail of charters in the Low Countries you can consult online several modern editions. For Guelders you have the Oorkondenboek van Gelre en Zutphen tot 1326, for the diocese Utrecht Oorkondenboek van het Sticht Utrecht tot 1301, S. Muller Fz. et alii (eds.) (5 vol., Utrecht 1920-‘s-Gravenhage 1959). For Brabant the Digitaal Oorkondenboek van Noord-Brabant brings you even more than the printed editions. Older editions for Frisia, Groningen and Drenthe can be consulted and searched at the Cartago platform.

Letters and charters

My probings in the Epistolae database point in the direction of a conclusion which is not entirely surprising. It seems a good thing to put in both real letters and charters into one database on the same footing, but alas charters need to be treated in a very distinct way in order to become usable for research. The projects for Holland, Utrecht and Guelders give you a searchable database and both OCR-scanned texts and images of the original edition. Of course you want to use all possible relevant sources about particular women, but putting them into a database and creating a reliable scholarly resource is not an easy thing, regardless of the subject you want to investigate. In the Epistolae database you cannot search directly for letters by women sent to other women, a thing many people will want to look for. In many charters women, in particular those of high rank in medieval society, do all kinds of things, in particular actions with legal consequences. It is perfectly understandable that you would like to have as many sources as possible in a single online resource, but one has to accept some consequences. To the philological skills needed to study medieval letters you will have to add the skills of the classic historical auxiliary sciences such as diplomatic,s the study of charters, and palaeography.

Joan Ferrante wisely choose to rely on printed editions for her enterprise. Her knowledge of medieval literature and approaches of this vast subject has led her to launching a database that has its strength primarily in the letters given both in Latin and English. Realizing the idea of wanting to show both writing letters and using the pen for legal matters in charters is not unthinkable, but it will be a tour de force. Finding the voices of medieval women is a quest in itself, but you cannot afford to lose sight of all tools needed and existing.

Another thing that needs stressing is attention to the epistolary genre with its own particularities. You can get an idea of a further mixture of matters relevant to legal history by looking for example at a recent volume concerning the papacy and letters, Kuriale Briefkultur im späteren Mittelalter. Gestaltung – Überlieferung – Rezeption, Tanja Broser, Andreas Fischer and Matthias Thumser (eds.) (Cologne-Weimar Vienna, 2015; Regesta Imperii Beihefte, 37), available online at the website of the Regesta Imperii. In his contribution in this volume,  ‘Letter-Collections in the Middle Ages’ (pp. 35-50), Giles Constable explains medieval letters are most often transmitted within collections. A real letter could be expanded and refined to serve as a literary text. He stresses the double nature of letters and charters which can have both a personal and businesslike character. Constable urges scholars to look carefully at each individual letter, and not to conclude things hastily because it is preserved in a particular collection. Wise words from not just one of the best known medievalists, but from a doyen in the field of medieval letters. His volume on Letters and letter-collections (Turnhout 1976; Typologie des sources du Moyen Âge occidental, 17) has been digitized by the MGH. You can learn basic things about medieval letters also in the chapter ‘Epistolography’ by Julian Heseldine in Medieval latin: An introduction and bibliographical guide, Frank Mantello and Arthur Rigg (eds.) (Washington, D.C., 1997) 650-658. On the resources page of Epistolae this guide is mentioned without a reference to this chapter.

Logo MGH, Munich

Speaking of the MGH, it is now possible to find at their dMGH platform also editions of letters in the Epistolae series, in particular the volumes of the Epistolae saeculi XIII e regestis pontificum Romanorum selectae, Karl Rodenberg (ed.) (3 vol., Berlin 1883-1897; MGH Epp. saec. XIII) in which you will find both real letters and more official correspondence. A letter to Joan of Constantinople, countess of Flanders and Hainault, sent by pope Gregory IX on November 5, 1235 (I, 563, no. 666) can be added in the Epistolae database. Among the latest publications of the MGH is the Codex Udalrici, Klauss Nass (ed.) (Wiesbaden 2017; MGH, Die Briefe der deutschen Kaiserzeit, 10) with early twelfth-century letters around the investiture conflict compiled by a cleric at Bamberg.

Visible and invisible filters

When finishing this post I could look also at the remarks about medieval letters in the first edition in Dutch from 1962 of the famous Guide to the sources of medieval history (Oxford 1995), also translated and updated as Introduction aux sources de l’histoire médiévale: typologie, histoire de l’érudition médiévale, grandes collections, sciences auxiliaires, bibliographie (Turnhout 1997) by Raoul van Caenegem and François Ganshof, to mention only the latest versions. Both authors mentioned in 1962 already everything I summarized here from later introductions to a rewarding genre which you cannot approach as if you can read everything at face value.

Banner Feminae

The most paradoxical thing about the project of Joan Ferrante is her apparent neglect as a professor of medieval literature of a thing which any student would know and duly acknowledge. It is one thing to set out to correct the bias filtering medieval women out of view, another thing to tackle the apparent biases in two distinct kinds of sources, medieval letters and charters. Both genres share a mixture of objective matters and personal touches. I am convinced of the need to use gender perspectives, but perhaps I am also too much a medievalist to forget about the challenges medieval sources pose for any kind of research. What can and has been done in research about medieval women can be traced in the online bibliography at Feminae: Medieval Women and Gender Index. You should not miss the bibliographies at Queens in the Middle Ages, too. A portal such as Monastic Matrix concerning medieval women’s religious communities is a model of its kind. The presence of English translations and accompanying biographies is surely most valuable for the Epistolae project, but the mélange of letters and charters has resulted in a rather unexpected mixture. It would be wonderful to use both genres together in one database, but one has to overcome some very real problems before you are able to hear the true voices of medieval women. In my opinion this database deserves a remix, an update with the 1200 letters waiting to be entered, and some tuning of the biographies and search interface to become fully operational as a search tool which can fulfill many needs.

Advertisements

The long years of the Council of Konstanz

Once upon a time the history of church councils seemed a matter of Christian theology slowly but inevitably reaching new levels of dogmatic intricacy, either led by wise popes or marred by popes who thought more of themselves than of the Catholic church. Things get more interesting when you look at the proceedings not as a distraction to theological matters at stake, but as historical events just as important as the canons and decrees finally proclaimed. One of the longest councils was the Council of Konstanz (1414-1418). Recently I was alerted to a modern representation of a chronicle showing the daily business of this medieval council. The virtual presence of this council is worth the attention of legal historians, too. In this post you will find a tour of some of the most important resources. As in my earlier post about the Fourth Lateran Council (1215) I will look also at images of this international meeting in fifteenth-century Germany, close to the modern border with Switzerland.

Five long years

Logo Konstanz Konzilstadt

Probably the most famous event of the Council of Konstanz was the trial of Jan Hus. In order to avoid too much coverage of modern memorial years I decided not to write about him here. One reason for writing here about this church council was my amusement about the tweets of Ulrich Richental, a modern incarnation of the fifteenth-century author of a chronicle about the Council of Konstanz. The tweets tell you on a day-to-day basis about events during the council, and they are directly linked to the multilingual website Konstanz Konzilstadt.

King Sigismund of the Holy Roman Empire succeeded in conveying a church council at Konstanz in a time when Western Europe had to face the presence of three popes, three because one of them, John XXIII, was a so-called antipope who resided in Bologna. Gregory II was pope in Rome and Benedict XIII reigned from Avignon. One of the problems for this council was the division between those in favour of full power over the church in the hands of a council (conciliarists), and those sticking to papal and curial power (curialists). Imagine the international crowd of ecclesiastical dignitaries and the courtiers of king Sigismund all together in a small town on the lovely Lake Constance, and you get the picture.

Cover facsimile edition of Richtental's chronicle

We can form our own picture of this council in a very literal and pictorial way thanks to the illustrated chronicle of Ulrich Richental (around 1360-1437). The famous illustrated manuscript at the Rosgartenmuseum in Konstanz is available in a modern facsimile edition [Chronik des Konzils zu Konstanz 1414–1418. Die Konstanzer Handschrift der Konzilschronik des Ulrich Richental, Jürgen Klöckler (ed.) (2nd ed., Darmstadt 2015)]. Interestingly, the list of manuscripts given in the German Wikipedia article on Ulrich Richental contains more items than the online database of the Handschriftencensus which omits two manuscripts that went missing. Some manuscripts have been digitized. This chronicle is the well from which the modern successor of Ulrich gets the information for his tweets. The tweets started only in 2016. It is safe to assume the idea for daily tweets was inspired by similar Twitter accounts and blogs for the commemoration of the First World War.

As for scholarly literature concerning the Council of Konstanz I was surprised that the online bibliography of the Regesta Imperii (accessible in German and English) for some reason lists only literature published before 2010 when you use the thesaurus search. You will have to check many titles using the various translations of the city name Konstanz to find relevant publications.

Acts and decrees

A second reason to write here about the Council of Konstanz brings us safely back to the sources legal historians will want foremost to consult, the manuscripts and archival records, and when available critical editions of the sources. Finding out about such editions for medieval councils can be daunting. On my legal history website the first section of the page concerning relevant editions for canon law deals with councils. For sound foundations I could rely here on an article by Joseph Avril, ‘Les décisions des conciles et synodes’, in: Jacques Berlioz et alii (eds.), Identifier sources et citations (Turnhout 1994) 177-189. Lately I checked for the online availability of a number of Early Modern editions of conciliar decrees and decisions, but some modern editions, too, have been digitized, too. The edition of the Acta concilii Constantientis by Heinrich Finke (ed.) (4 vols., Münster 1896-1928) has been digitized at the Internet Archive. Finke gives in the first volume materials from the preparatory phase of the council (1410-1413). It was harder to find a complete set with a single point of reference for other modern editions. The Monumenta conciliorum generalium saeculi decimi quinti, F. Palacky et alii (eds.) (4 vols., Vienna 1857-1935), with sources for the Council of Basel can be found conveniently online in Gallica. The second major edition for the Council of Basel, Concilium Basiliense. Studien und Quellen zur Geschichte des Konzils von Basel, J. Haller (ed.) (8 vols., Basel 1896-1936) has been digitized in its entirety at the Bayerische Staatsbibliothek, Munich. In the case of Basel having easy access to the editions is only the start of finding your way in a myriad of documents.

Among the participants at Konstanz were French dignitaries with more than a basic knowledge of canon law, among them cardinal Pierre D’Ailly (1350-1420), Jean Gerson (1363-1429) and cardinal Guillaume Filastre (1348-1428). Finke published a journal held by Filastre in his Forschungen und Quellen zur Geschichte des Konstanzer Konzils (Paderborn 1889; online, Internet Archive). With Francesco de Zabarella (1360-1417) we meet a great canon lawyer. In 1410 he became archbishop of Florence and year later he was created cardinal, hence his nickname Cardinalis. Zabarella died in Konstanz on September 26, 1417. Studies by Dieter Girgensohn and Thomas Morrissey have considerably enlarged our knowledge about him and his views. As a papal legate he was involved with the Council of Konstanz from the moment he was sent in 1413 as a papal legate to king Sigismund to discuss the chances for a church council.

Another canon lawyer wrote a dedicatory letter in the first printed edition of the acts of the Council of Konstanz, the Acta scitu dignissima docteque concinnata Constantiensis concilii celebratissimi (Hagenau: Gran 1500) by Hieronymus de Croaria (ca. 1460/63-1527). The Gesamtkatalog der Wiegendrucke (GW 07287) and the Incunabula Short Title Catalogue (ISTC 00800000) habitually summarize titles of works stemming from institutions and authorities. Searching in the ISTC for Concilium Constantiense yields four results. The GW has a separate page for the incunabula editions of conciliar decrees. Both the GW and the ISTC point to digitized copies of incunabula. Konrad Summenhart (1460-1502) studied in Paris and Heidelberg before becoming a professor of theology and even chancellor of the university of Tübingen. In his work Opus septipartitum de contractibus he looked both at contractual law as administered in courts as on the impact on the forum conscientiae, the personal conscience. He wrote about subjects as usury and tithes. Hieronymus de Croaria had been his colleague in Tübingen as a professor of canon law before he went to Ingolstadt. Later on he worked also as a judge.

Heinrich Finke guided the research of Joseph Riegel who defended a thesis on the wildly varying numbers of participants at the Council of Konstanz [Die Teilnehmerlisten des Konstanzer Konzils. Ein Beitrag zur mittelalterlichen Statistik (Freiburg im Breisgau 1916; online, Internet Archive)], a thing already debated by contemporaries.The Council of Konstanz became during five years a focus of European politics and church reform, a place where many influential people met. The sheer number of participants, their background and views, and the impact on church life merit and warrant a good chance at finding always new perspectives, not to mention resources, to make it worthwhile to look again this event, not in the least with an eye to legal history.

A postscript

In this post I tried to be as concise as possible, but I think it is right to point here also to another old edition concerning the Council of Konstanz, the seven volumes of the edition edited by Hermann von der Hardt, Magnum Oecumenicum Constantiense Concilium (…) (Frankfurt am Main 1697-1700), digitized by the Universitäts- und Landesbibliothek Düsseldorf. I had preferred to give you the exact link to a completely digitised set, but searching in this digital library brings you quickly to the volumes. I found the reference to the digitised set at Düsseldorf in a 2015 blog post by Klaus Graf at Archivalia where he dealt with the entry for this council in the Historisches Lexikon Bayerns. However, Graf mentioned only two volumes of Hardt’s edition.

Another resource worth mentioning is the online version of Chris Nighman and Phillip Stump, A Bibliographical Register of the Sermons & Other Orations Delivered at the Council of Constance (1414-1418) (2006, updated 2007) available at the website of the Bibliographical Society of America.

A book that should figure here, too, is Martin Cable, “Cum essem in Constantie…”: Raffaele Fulgosio and the Council of Constance 1414-1415 (Leiden 2015). Fulgosio (1367-1427) was a notable lawyer.

 

Opening a book: Simon van Leeuwen and Dutch history

Portrait of Simon van Leeuwen by P. Philippe, 1662 - Amsterdam, Rijksmuseum

Portrait of Simon van Leeuwen by P. Philippe, 1662 – engraving, Amsterdam, Rijksmuseum

In the galaxy of lawyers in the seventeenth-century Dutch Republic Hugo Grotius is at the very center. Other lawyers are judged according to their contributions to legal doctrine. In this view Simon van Leeuwen (1626-1682) would figure near the outer rim, because he was more a compiler and commentator. Nevertheless, he shared with Grotius among other things an interest in Dutch history. In this post I would like to look at Van Leeuwen’s books, and in particular his posthumously published work on Dutch history. This year I could benefit time and again from its information while researching the lives of some people living in the Golden Age of the Dutch Republic. My curiosity to find out more about his works prompted me to write here in my series Opening a book. Van Leeuwen translated for example also a work in the field of world history. My search brought me back to the repertory of Dutch Early Modern historians, Repertorium van geschiedschrijvers in Nederland 1500-1800 by E.O.G. Haitsma Mulier and G. van der Lem (The Hague 1990), now also available online in the Digitale Bibliotheek voor de Nederlandse Letteren.

A prolific writer

If you check for Simon van Leeuwen in the Short Title Catalogue Netherlands you will get nearly ninety hits, and the earliest book shown is his edition in 1651 of a work by Quintyn Weytsen, Een tractaet van avarien, a work about general average, cases in maritime law about unavoidable damage to ships, a matter dealt with here three years ago. In 1652 van Leeuwen published his first own book, Paratitula juris novissimi dat is Een kort begrip van het Rooms-Hollandts-reght (Leiden 1652), with in the subtitle the term that made him famous, the Rooms-Hollands recht, the Roman-Dutch Law. I had expected the exhibit of the Robbins Collections of Berkely’s School of Law would at last resurface on its redesigned website, but as for now you can only view the starting page of The Roman-Dutch Legal Tradition. Notaries are the subject of his following book, Notarius publicus, dat is, De practycke ende oeffeninge der notarissen (first edition, Dordrecht 1657), but actually it had already been printed a year earlier as an additional part of the second edition of the Paratitula (Leiden 1656). In this book he offers also a dictionary of Dutch law terms, including the neologisms coined by Grotius in his Inleidinge tot de Hollandsche regtsgeleerdheid (1631).

Cover öf the "cesnura foresnsis", 1662 - source: STCN

Cover of the first edition of Van Leeuwen’s “Censura forensis” (Leiden 1662) – copy Vrije Universiteit Amsterdam; image: STCN

Van Leeuwen’s practice as a lawyer explains to some extent his choice of subjects. He was born in Leiden where he studied literature and law at the university. After receiving his law degree in 1646 he started as a barrister in The Hague at the Hof van Holland and the Supreme Council, and later in Leiden. In 1681 he returns to the Dutch Supreme Council, the Hoge Raad van Holland en Zeeland. In 1659 appeared his first work on Dutch history, Redeningh over den oorspronck, reght, ende onderscheyt der edelen, ende wel-borenen in Hollandt, literally translated “an argument about the origin, law and distinction of noblemen and gentry in Holland”, a subject which should indeed interest people in a country that aspired to be a real republic of equal citizens. In 1659 appeared also his translation of a book by Petrus Peckius (1529-1589), De iure sistendi, with the Dutch title Verhandelinghe van handt-opleggen ende besetten: dat is, Arrest op persoon ende goederen (Leiden 1659), a book about the way one could arrest people and legally seize goods. His following book is in Latin, which no doubt helped to get noticed by lawyers all over Europe, Censura forensis, theoretico-practica id est Totius juris civilis, Romani […] methodica collatio (Lugduni Batavorum 1662).

A year later appeared an even more ambitious work, an enlarged version of the edition by Denis Godefroy and Antonius Anselmus of the Corpus Iuris Civilis (Amsterdam-Leiden 1663). A few years later Van Leeuwen chose a more restricted subject, court procedure, in his Manier van procederen in civile en criminele saaken (Leiden 1666). In 1667 appeared his translation of a work in Latin on Persian history by Johannes de Laet (1593-1649), Voyagien, naa, en door het groot en magtige koninkryk van Persia (Amsterdam 1667) [Persia seu Regni Persici status variaque itinera in atque per Persiam]. De Laet (latinized Laetius), a student at Leiden of Scaliger, was a pioneer of comparative linguistics and world geography, and also a governor of the Dutch West India Company. Van Leeuwen commands our respect for his wide interest and his personal combination of global and more local matters.

In 1667 Van Leeuwen published also two editions of sources, the Handvesten ende privilegien van den lande van Rijnland, met den gevolge van dien, and Costumen, keuren, ende ordonnantien, van het baljuschap ende lande van Rijnland, in particular ordinances and privileges of Rijnland, the area around Leiden which in one particular respect, water government, formed a unity. We shall see below how he used these sources in the work published only after his death. in 1671 appeared a work on the history of Roman law he wrote together with Arnoldus Vinnius (1588-1657), De origine & progressu juris civilis Romani authores & fragmenta veterum juris consultorum, to which he contributed two chapters.

The last independent work published during Van Leeuwen’s life was a book on the history of Leiden, Korte besgryving van het Lugdunum Batavorum nu Leyden (Leiden 1672). The collection of legal consultations Bellum juridicum: ofte Den oorlogh der advocaten (Amsterdam 1683) is ascribed to him, but there is reasonable doubt about his authorship. One of the reasons for this doubt is that we know Van Leeuwen helped in this very year Cornelis Cau in publishing the third volume of the massive collections of ordinances issued by the General Estates and the States of Holland, the Groot placaet-boeck, vervattende de placaten […] van de […] Staten Generael […] ende van de […] Staten van Hollandt ende West-Vrieslandt (third volume, The Hague 1683).

Holland’s history brought to higher levels

Frontispice of Batavia Illustrata, 1685

Frontispice of Van Leeuwen’s “Batavia Illustrata” (1685) – copy Royal Library, The Hague – image STCN

With Van Leeuwen we encounter a writer interested in several subjects: Dutch law, Dutch history, Roman law and even world history. In my view he clearly aspired to have a part in major projects both within Holland and on an European scale. Only by considering this context you can arrive at an explanation for the title of his posthumously published massive work Batavia illustrata, ofte Verhandelinge vanden oorspronk, voortgank, zeden, eere, staat en godtsdienst van Oud Batavien (…) (1 vol. in 2 parts, The Hague 1685), “Illustrious Holland, or a treatise on the origin, progress, traditions, state and religion of Old Batavia. Van Leeuwen presents here materials around an enlarged edition of a work by Wouter van Goudhoeven (1577-1628), D’oude chronijcke ende historien van Holland (first edition 1620), in itself a continuation of the so-called Divisiekroniek, first printed in the early sixteenth century. Van Leeuwen does not only follow the foot steps of Dutch historians, but chooses a title, Batavia Illustrata which in a way sounds as a conscious imitation of the title of a famous work on the history of Italy, Italia illustrata by Flavio Biondo. The frontispiece of Van Leeuwen’s opus ultimum shows in front of the two angels with the title at the left an allegory of the Dutch virgin with a staff bearing the hat of library and a hand caressing the Dutch lion, and at the same time telling Clio, the muse of history, the stories of Holland’s glory which she jots down in the book on her knees. If you read the complete title on the title page you cannot miss the double approach of this work, a continuation and improvement on earlier histories and a work based on research in oude schriften ende authenticque stukken, “old manuscripts and original records”.

The gentry, too, appears in Van Leeuwen’s long title. An overview of genteel families in Holland is a major feature of his book, with lots of genealogical detail. It reads almost as a who is who of Dutch Early Modern history. Inevitably this work has been digitized by the Great Global Search Firm, but only in black-and-white. You had better use the version in the Digitale Sammlungen of the Bayerische Staatsbibliothek, Munich (vol. 1, vol. 2). The last part of the second volume contains several lists of all kind of Dutch officials, including the board members of three major hoogheemraadschappen, the independent boards responsible for water control and protection against the sea, Rijnland, Delfland (around Delft) and Schieland (near Rotterdam). Here you will find out why the museum Boymans-van Beuningen in Rotterdam is situated at a lane called Matenesserlaan, not only because of a field name, but also in recognition of the role of a powerful family. During my research on members of the Van Matenesse’s I found often more in Van Leeuwen’s book than in modern Dutch biographical works conveniently accessible online at the Biografisch Portaal. Of course I could also spot at some turns information which clearly is not correct, but in general this work is reliable.

For me the point in writing here about Van Leeuwen is the fact he was not just a second-rank writer about Dutch law, however right this judgment surely is. Van Leeuwen did efforts to republish or translate the work of others, and he succeeded in collaborating on important publications of other Dutch authors. He did not only publish source editions, but used them also for his own historical works. Through his manuals on Dutch law, legal procedure and notarial law his influence on Dutch practitioners of the law was substantial. Both the original and the English translation of his work on the Roman-Dutch law influenced law in South Africa.

A postscript

On May 19, 2017 the fifth and final volume of the series “Bibliografie van de Nederlandse Rechtswetenschap tot 1811”, Bibliography of jurists of the Northern Netherlands active outside the Dutch universities to the year 1811, edited by the late Robert Feenstra and Douglas Osler (Amsterdam 2017), will be officially presented at the Peace Palace in The Hague. No doubt Van Leeuwen, too, figures in this volume, and the multitude of the reprints and re-editions of his works will come much more into view.

Dutch historical newspapers in digital context

Screenprint Delpher-Externe krantenbanken

The results of the Dutch elections last week made headlines worldwide, but they did not offer a ready prompt for a quick reaction here. As usual in the Netherlands in the absence of a two-party system it will take some months to build a new coalition government. Even when there had been a land slide election, it would have taken some time to interpret its impact. By sheer coincidence the Dutch digital library Delpher announced last week a new enriched version which now also includes a lot of local and regional newspapers. Their presence means you can look at historical events and their perception at a deeper level, too. Some weeks ago I spotted also another very different Dutch newspaper which I had not expected to find at Delpher. in fact its digital presence has scarcely been noted at all. These two facts finally pushed me into writing this short contribution. In a way it will be a sequel, too, to my first post in March 2017. A few years ago I published here posts about Dutch digital libraries and on digitized British and Dutch newspapers. Delpher figured also in a post about my country and the First World War.

The riches of Delpher

Logo Delpher

Delpher is a digital platform created by the Dutch Royal Library in The Hague in cooperation with Dutch university libraries. Delpher combines two relatively small digitized book collections with digitized journals, newspapers and typescript of radio bulletins. One of the major assets of Delpher is the possibility to search in all collections with one search action. The digitized newspapers stem not only from the own collection of the Royal Library, but also from libraries and archives elsewhere, in a number of cases outside the Netherlands. The latest addition in the newspapers section (Externe krantenbanken) brings you now easy access to historic newspapers from the province Utrecht held at the Archief Eemland in Amersfoort, the province Noord-Holland (Noord-Hollands Archief in Haarlem, Regionaal Archief Alkmaar and the Waterlands Archief, Purmerend), and Zeeland (Krantenbank Zeeland). Delpher omits the URL’s of the five individual newspaper collections, but you can see a list of these newspapers when you filter your search results (Kies krantentitel). The overview of digitized newspapers can also be downloaded (PDF). For searching newspapers published during the Second World War Delpher has created a nifty preset filter. I can point you to a list of the eighty digitized journals at the website of the Royal Library. Somehow I cannot really understand why such information is not simply presented at the very platform and spot where you would ask for such things.

Among the digitized newspapers are also a number of official gazettes. Indeed, to my surprise it is not just the Nederlandsche staatscourant in its various incarnations (digitized for 1814 to 1950), but also the Bataafsche staatscourant (1805-1806) and its sequels during the French period until 1814, and even the Verzameling van verslagen en rapporten behoorende bij de Nederlandsche Staatscourant, reports accompanying between 1904 and 1950 the Dutch official gazette. Surely an official gazette stands on a different footing than ordinary newspapers, but nowhere at Delpher its presence and special position is indicated. You might wonder why the Staatsblad, a gazette for official decrees and announcements, and the Tractatenblad, the gazette for treatises, were excluded or not yet included at Delpher. The very copyright on these publications is only one of the matters to consider here. To be able to view legislation and its resonance in public opinion and its consequences in cases heard before the courts reported in both national and local newspapers is a major advance.

Logo Staten-Generaal digitaal

To make things worse, the digital presence of the Staatscourant is not even mentioned at the portal Staten-Generaal digitaal with digitized parliamentary debates and reports for the period 1815-1995. The FAQ corner provides hardly any link. Even the links to current digital versions are not given in the of this project. The Royal Library, too, fails to give the link to either Delpher or a direct link to the digitized historical issues of the Staatscourant on its webpage about its history. Instead of complaining I had better offer you here a direct link at Delpher to the historical issues of the Staatscourant, created by using Delpher’s filter options.

I will keep my promise and write indeed a short post, but I must add a few remarks. You might have noticed my references in Dutch to some elements of the Delpher portal. Despite my honest admiration for all the efforts going into Delpher which make it a goldmine for all those delving into Dutch history, books, journals and newspapers, I would like to urge the creation of an interface with at least one additional language. If you agree that such digital initiatives are valuable and important for Dutch culture and history, they might be interesting, too, outside a relatively small country as the Netherlands. As creator of Rechtshistorie, a bilingual website about legal history, I am fully aware of the tasks facing you to create and maintain websites or portals in more than one language. The Dutch Royal Library is an important partner in a number of international projects, and it is only natural to follow with a multilingual interface for all its websites. Adding English or other languages to the interface of Delpher would in particular work as an expression of gratitude to international partners. Among them are such institutions as the Herzog August Bibliothek in Wolfenbüttel, the Kungliga Biblioteket in Stockholm, Calvin College, the National Archives, Kew, the Zentralbibliothek in Zurich and the Archivio Segreto Vaticano. Meanwhile the teams of the Royal Library should be able to deal quickly with the omissions and gaps mentioned here. Hopefully I have won your curiosity to visit Delpher for the first time or again, and let linguistic barriers not stop you to use it!

A postscript

In May 2017 Delpher announced the addition of 75 journals (PDF). You will quickly spot in this list more staatsbladen for the former Dutch colony in the Indonesian archipelago, and several journals concerning legal statistics. The presence of the Rechtsgeleerd magazijn (1882-1938), a platform for the publications of leading Dutch lawyers, and also the Weekblad van het Regt (1841-1943) is to be applauded. In June 2017 yet another batch of newly digitized journals was announced, with the Staatsblad voor het Koninkrijk der Nederlanden (1951-2005) and the Indische tijdschrift van het recht (1915-1942), a legal journal concerning law in the Dutch East Indies. In the latest addition (August 2017) I noticed the Bijvoegsel (Supplement) to the Staatsblad for the years 1851-1841, the Gouvernementsblad van de kolonie Suriname (1873-1950),  the legal journals Rechtsgeleerde bijdragen en bijblad (1885-1894) and the Nederlandsche jaarboeken voor regtsgeleerdheid en wetgeving (1839-1851), and also Van Stockum’s naam- en zaakregister van wetten, Algemeene Maatregelen van Bestuur en Koninklijke Besluiten (…) (1936), a register to Dutch legislation and official decrees since 1813.

Laws under the double eagle of the Habsburg empire

Double eagle of the Austrian Empire, around 1870? - source: Wikimedia Commons

Double eagle of the Austrian Empire, around 1870? – source: Wikimedia Commons

When you want to find resources concerning the history and laws of the Habsburg Empire you will be inclined to look first of all at sources in Vienna. However, in Budapest, too, you can find important sources. The Doppeladler, the two-faced eagle in the blazon of the Habsburg rulers, looked in two directions, and this hint should be followed indeed! In this post I will look both at Austrian and Hungarian resources. The existence of a very interesting portal to digitized sources in Hungary prompted me to write this contribution.

However, the image of an eagle should remind you to look beyond what is immediately visible to human eyes. A second thread in this post is the importance of parliamentary libraries and the online availability of official gazettes. Hopefully this will not only make your curious about the legal history of the Habsburg empire, but indeed ready to explore relevant resources at your computer screen.

Starting in Vienna…

Logo ALEX, ONB, Vienna

Legal historians wanting to do research about law and justice in Austria can benefit in particular from the ALEX project of the Österreichische Nationalbibliothek in Vienna. If you would like to enlarge the territory of your search you can go immediately to the links for similar resources in Germany, the Czech Republic and Hungary. The ALEX project brings together historical legislation, parliamentary records, jurisprudence and a host of legal journals. You can find laws as they were originally published in the official gazettes for the various regions of the Habsburg Empire, or use some of the official – and semi-official – collections. The series started by Joseph Kropatschek, Sammlung aller k.k. Verordnungen und Gesetze vom Jahre 1740 bis 1780 (first edition in 8 volumes, Vienna 1786) with laws published between 1740 and 1780 got in 1789 the formal name Theresianisches Gesetzbuch, the “Theresian Code”. It figures also in the blog ALEX dazumal accompanying the ALEX project. The blog posts can help you finding quickly materials for a particular subject, for example electoral legislation, hunting laws, migration and much more. In the section where you can set filters for particular regions or the whole empire (Gesamtstaatliche Gesetzgebung) you can choose the language of your preference, be it German, Hungarian, Croatian, Czech, Polish, Slovenian or Italian. Ruthenian and Rumanian have yet to be added…

Header image RepöstRG (Predella of the Neustädteraltar, Stephansdom, Vienna)

The second way to find Austrian legislation between 1500 and 1918 is literally a gateway. Heino Speer (Klagenfurt) has created the Repertorium digitaler Quellen zur österreichischen Rechtsgeschichte in der Frühen Neuzeit [RepÖstRG), a repertory in two versions, one programmed in HTML, the other one using WordPress. This double gateway offers not only access to legislation, but also to (older) scholarly literature. You can search here in chronological or territorial order. With additional information for persons and the spread of Protestantism in Austria Speer deserves praise for his marvellous efforts, in particular when you can also turn here to the Corpus Iuris Civilis in several editions.

…. and going to Budapest

Logo Hungaricana portal

Vienna and Budapest are cities along the Danube river. It is only logical to visit also Budapest. The Hungaricana portal, accessible in Hungarian and English, pushed me into writing about the Habsburg Empire. The Hungaricana portal shows on its start page five main sections, a gallery with images, digitized books in the library, historical maps of the Austro-Hungarian Empire, also separately searchable at MAPIRE with a trilingual interface, more maps and plans, and finally digitized archival records. The library sections contains also publications issued by museums and archives, including publications of the Österreichisches Nationalarchiv. In particular the archives section brings you to a great variety of digitized sources, for example medieval charters, documents from the city of Budapest, royal letters and decrees, and a census from 1767.

The databases page shows the full strength of Hungaricana. The Régi Magyar Könyvtár [RMK, “Old Hungarian Library”] with digitized old works written in Hungarian, can only be viewed in Hungarian. It contains also the bibliography created by Károly Szábo of works published in Hungarian between 1531 and 1711 and books in other languages printed in Hungary between 1473 and 1711, all with their RMK number and additional information. The maps section, too, can only be viewed in Hungarian, and thus you might have to rely on the quality of the translating tool in a well-known browser.

Header DTT - screenprint

Hungaricana is operated by the Parliamentary Library of Hungary. In the Digitalizált Törvényhozási Tudástár, the Digital Parliamentary Databases, accessible in Hungarian and English you can find much, from laws, legal books, national and ministerial gazettes to legal journals, parliamentary proceedings and decrees. The search interface is in Hungarian and English. This digital library is clearly comparable to the Austrian ALEX portal and indeed a veritable portal for Hungary’s legal history.

Header Visegrad Digital Palriamentary Library

Interestingly there is a second portal with information about the parliaments of countries within the borders of the Habsburg Empire. The Visegrád Digital Parliamentary Library has links to digitized sources for Austria in the ALEX portal, for Hungary from 1861 onwards, Poland (1919-1939 and from 1989 onwards) and for Slovakia since 1939. Visegrád is the Hungarian town on the Danube where the leaders of four East European countries signed in 1991 a covenant for cooperation, the Visegrád 4. In fact the Visegrád portal leads you directly to the Joint Czech and Slovak Digital Parliamentary Library, with both current and historical information; the links of the Visegrád portal for the Czech Republic do not work, but you can find the right links in the Digitální Repozitár of the Czech parliament. This website goes even beyond the Habsburg empire to sources from medieval Bohemia. You will perhaps also want to look at the ten historical maps of the Visegrád portal covering the period 1815 to 1999, but you will surely want to use its multilingual dictionary of parliamentary terms.

At the end of this post I will try to suppress my wish to give you here much more information, but perhaps it will suffice to tell you that I included information about and links to a number of official gazettes on the digital libraries page of my legal history site. In some cases you will see the exact link, in other cases you will find them as a part of a parliamentary library, and there are some portals for gazettes, too. On my page concerning digital archives you can find out more about archives in Austria, Hungary and Poland. I hope to add soon information about the Czech Republic and Slovakia, but meanwhile you can already use the links at some archive portals which will help you in your research under the watchful eyes of the double eagle in its various incarnations.

Preserving presidential lives and legacies

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

Banner National Archives

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

A short tour of presidential libraries

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

Logo Hoover Institution

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

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

Banner Situation Room

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

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

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

Logo Library of Congress

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

Looking at Cuba’s legal history

With the death of Fidel Castro (1926-2016) an era of revolutionary turmoil ends and a period preluding to a transition seems to begin for Cuba. All over the world the events that made Castro a legendary figure, both idolized and hated, will be brought back into view by the media. In this post I would like to look succinctly at some elements of Cuba’s legal history. My overview is coloured by the sometimes random presence of digital collections, but nevertheless it seems useful to bring them together. As a matter of fact I did not search these collections only in the wake of today’s headlines. You can find my selection of relevant digital libraries for both North and South America on my web page with digital libraries which deal with or concern exclusively law and justice. Lately I discussed here Lara Putnam’s article about the dangers of relying too much on digital resources. I hoped to have steered away of some of the pitfalls she indicates, but there is here ample attention for digital resources.

Law and justice in Cuba

Header dLOC

When looking at Cuba it is perhaps most fitting to look at this island first of all from a Caribbean perspective. The Digital Library of the Caribbean (dLOC) is a portal created by an international consortium of research libraries. One country gets special attention at dLOC, Haiti. The section for law at dLOC contains more legal materials about and from Cuba than for any other country, some 6,000 items. A search for Cuba as a subject in the DLOC yields nearly four thousand items. You can approach dLOC in three languages. dLOC contains for example the Diario de sesiones del Congreso de la Republica de Cuba from 1902 to 1957. Among the contributing institutions of the dLOC is another digital portal, Manioc, which focuses on former French colonies in the Caribbean. Luckily this portal has an interface in four languages. With only some thirty digitized historical printed books concerning Cuban law and history the harvest here might seem at first insignificant, but the significance is more to be aware of the melting pot of languages in the Caribbean, with not just Spanish, English or Dutch as European influences. A more general search for Cuba at Manioc brings you nearly 2,300 results. dLOC has a special section for nineteenth-century Cuban imprints. The Braga Brothers Collection at dLOC deals with the history of the Cuban sugar industry.

At dLOC the revolutionary period of Cuba comes in particular into view with the digital collection of Mexican and Cuban film posters. There is also a virtual exhibit of these posters.In opposition to them stands the collection of digitized Cuban exile newspapers produced in Florida. The film posters can be supplemented by the well-known Latin America Pamphlet Coillection of Harvard University. For pamphlets the Latin American Pamphlets Digital Collection of Harvard’s Widener Library is a starting point. The Digital Archive of Latin American and Caribbean Ephemera of Princeton University contains some 900 items concerning Cuba.

logo-bdpiCuba figures, too, at the portal of the Biblioteca Digital del Patrimonio Iberoamericano. This portal is the fruit of cooperation between a number of Latin American national libraries, among them the Biblioteca Nacional José Martí at Havana. I mention the portal especially because it offers you access with a trilingual interface. The digital library of the Cuban national library can only be viewed in Spanish. At the portal you will find for Cuba mainly digitized literary works. You will find the database for the national bibliography useful. Let’s not forget to mention the Archivo Nacional de la República de Cuba and the Instituto de Historia de Cuba.

Header Civil Code (1800-1923) - FIU Law

A starting point for looking at Cuba’s legal history might be the digital collection Civil Codes (1800-1923) in the eCollections of Florida International University Law Library in Miami. You can find here the Cuban Código Civil of 1889 and a second edition from 1919. Interestingly this digital collection contains also nineteenth-century codes of civil law from Marocco, Spain, Portugal, Japan and the Netherlands, the last in a French translation [Code civil néerlandais, P.H. Haanebrink (trad.) (Brussels 1921)]. The FIU Law Library has also created a digital collection for Cuban law before 1961, and in the Mario Diaz Cruz Collection you will find materials collected by a prominent Cuban lawyer. Comparisons between the law in sixteen Caribbean countries are possible thanks to FIU’s digital collection Caribbean Law and Jurisprudence with acts, ordinances and case law reports. The Red des Archivos Diplomáticos Iberoamericanos has a section with the main juridical documents from Cuba between 1904 and 1934 and a link to the Cuban Guia de Tratados, alas as for now without any treaty.

Latin American perspectives

Yet another example of a digital collection which covers Latin America is the Spanish America Collection at the Internet Archive, created by the John Carter Brown University Library, Brown University, Providence, RI. This library has not just digitized some 3,700 works but also very sensibly divided them into smaller collections, among them one for Cuba. Just 35 books might look a meagre result, but among these books are for example Ignacio José Urrutia y Montoya, Teatro histórico, juridico, y politico-militar, de la Isla Fernandína de Cuba, principalmente de su capital La Havana (Havana 1789) and the treatise Instituciones de derecho real de Castilla y de Indias by José Maria Alvarez (2 vol., Habana 1834). The John Carter Brown Library provides also an important visual collection, the Archive of Early American Images. Among the general digital resources for the history of Latin America I would like to mention also the Early Americas Digital Archive, University of Maryland.

The largest quantity of digital collections concerning Cuban history and culture has been created by the Merrick Libraries, University of Miami. The Cuban Heritage Collection with over fiftysub collections covers many subjects. This set of collections is clearly also the core of the Cuban collections at dLOC. It is a matter of choice to look here at them from specific angles or to approach them from a Caribbean perspective at dLOC.

It is possible to pursue many avenues and to spend much time in finding more information. Just two weeks ago Mike Widener (Lillian Goldman Law Library, Yale University) wrote about some recently acquired books about Cuban law. Speaking of blogs you might as well go straight for In Custodia Legis, the blog of the Law Library at the Library of Congress. You will find much of interest in the seventeen contributions touching Cuba. For Latin American constitutions you can choose at will from several portals dealing with constitutions all over the world. At my website I mention most of them, but you might want to have here the direct link to the main portal for Latin America, Constituciones Hispanoamericanas, part of the Biblioteca Virtual Miguel de Cervantes.

Perhaps more closer to the actual situation at Cuba is the Presidio Modelo, a former prison built between 1926 and 1931 following the panopticon model advocated by Jeremy Bentham. The prison was in use until 1961 and is now a museum. You cannot help thinking that a panopticon model would have suited a particular kind of regime. Fidel Castro himself once was a prisoner here. Anyway, many people were forced to leave or choose to leave Cuba. Duke University has made a digital collection on Caribbean Sea Migration between 1956 and 1996 in which you can find apart from Cuba also Haiti and the Dominican Republic. At Habana Patrimonial, a portal to Cuban heritage, only the links to museums seems to be functioning.

Whatever the future might bring for the Cuban people, Cuba and Castro formed an inseparable unit. To the alliteration of these words many will add the name of Kennedy. The Cuban missile crisis of 1962 is the subject of a virtual exhibition created by the John F. Kennedy Presidential Library and Museum in Boston. It is easy to focus on the clash between Cuba and the United States in the second half of the twentieth century, and therefore it seems just to remember here also at least briefly the story of the Amistad. Tulane University has created Slavery and the U.S. Supreme Court: The Amistad Case, a digital collection about the story of a ship with 53 Africans faced with the threat to become slaves. Their voyage to New York started on June 28, 1839 in Havana. Tulane University has also created a digital collection with some 1,800 early photographs of Latin America. For a much wider panorama of Latin American legal history you should not miss Global Perspectives on Legal History, the book series both in print and online in open access of the Max-Planck-Institute for European Legal History at Frankfurt am Main. This institute runs several projects on legal history and Latin America.

You might be tempted to think my tour of websites could go on forever! Those who visit my blog more often are used to see contributions with many web links. I provide them for your use, not to chase you away from my blog, but to bring you to resources which are sometimes difficult to find or easily overlooked. Please use these links, it is a pleasure to share them with you, and hopefully they help you to gain insights into Cuba’s (legal) history and culture.

A postscript

Of course more blogs bring posts and comments about Cuban history and Fidel Castro. Here a selection:

-Cindy Hermus, The Cuban Revolution and me, Age of Revolutions – July 4, 2016
-Michelle Chase, Reading List: Cuba, Age of Revolutions – July 7, 2016

One post is always too short to mention everything, but the presence of Cuban legal materials at LLMC Digital merits attention for those able to use them at subscribing institutions. A search at the World Legal Information Institute yields results from 1758 onwards with cases in English reports. The Latin American Interests Group of the FCIl-SIS, a branch of the American Association of Law Libraries, is working on a new online Guide to Legal Research on Cuba. Meanwhile the guide to current Cuban law with lots of links offered by the Law Library of Congress should satisfy many needs. At Globalex Yasmin Morais is responsible for the guide on contemporary Cuban law.

In my hunt for relevant digital resources I forgot to look for a relevant edition of the well-known Guía del investigador americanista, a feature of the online journal Nuevo Mundo/Nuevos Mundos. Early in 2016 Vanessa Oliveira and Xavier Calmettes published their fine and nicely illustrated Guide du chercheur américaniste : Enquête de terrain et travail de recherche à Cuba.