Tag Archives: Political history

Remembering Michael Stolleis

Michael Stolleis - image MPILHLTIt seems difficult these weeks at my blog to leave Frankfurt am Main for other locations. The news about the death of Michael Stolleis on March 18, 2021 cannot be passed over here in silence, and thus again Frankfurt comes into view. Some obituaries succeeded very well in showing Stolleis’ role and achievements, and therefore I will not try to repeat everything already said with eloquent words.

The history of public law

On March 19, 2021 the Max-Planck-Institute for Legal History and Legal Theory announced with sadness the death of Michael Stolleis (1941-2021) on March 18, aged 79 years. Stolleis was a director of the institute from 1991 until 2006, and acted as its interim director from 2007 to 2009. In view of his work for the institute it is certainly necesary to stress he was from 1974 to 2006 also a professor for public law and legal history at the university of Frankfurt. Klaus Günther wrote an obituary for the law faculty. He points to Stolleis’ role for the Research Centre Normative Orders in Frankfurt. In the obituary at the main website of the Universität Frankfurt Enrico Schleiff stressed the fact Stolleis was a true intellectual and a scholar who set Frankfurt on the map worldwide.

Patrick Bahners looked in his contribution for the Frankfurter Allgemeine Zeitung in particular at the background. Stolleis’ father was burgomaster of Ludwigshafen between 1937 and 1941. After finishing secondary school Michael Stolleis followed the footsteps of his father who was both a vinegrower and lawyer, and started with learning viniculture. From a visit to a wine museum in Aigle I remember in particular how the plants and fruits need attention in every month of the year. Knowing about steps set before you, having to live in the present and working at the same time for the future is an excellent preparation for life. Bahners mentions rightly the way Stolleis combined objectivity with personal kindness. From the few times I met him I remember the word locker, relaxed, a label I did not associate at first with German professors, but luckily Stolleis could indeed look most happy and friendly. Stolleis conributed regularly to the FAZ with articles that struck me as most readable, well-informed and resonating in you mind long afterwards.

Stolleis studied law, German language and literature and art history at the universities of Heidelberg and Würzburg. He wrote his doctoral thesis under the aegis of Sten Gagnér in Munich [Staatsraison, Recht und Moral in philosophischen Texten des späten 18. Jahrhunderts, defended 1967, published Meisenheim 1972)]. Stolleis wrote a moving article in remembrance of his Doktorvater, a piece telling you much about Stolleis himself, too [‘Sten Gagnér (1921-2000), ein großer Lehrer der europäischen Rechtsgeschichte’, Quaderni Fiorentini 29 (2000) 560-569; PDF]. In 1973 he defended in Munich his Habilitationsschrift (second thesis) on Gemeinwohlformeln im nationalsozialistischen Recht (Berlin 1974). At that time it was one of the first forays by German legal historians into the history of the Third Reich. Its theme, terms for the common good in Nazi law, can only be tackled succesfully by someone trained also in German language and literature. Just a small example of Stolleis’ gifted pen and his calm judgment is his concise summary of the history of the Deutsche Rechtshistorikertag, in particular the paragraph on the dark years of the Third Reich.

The striking thing for me about Michael Stolleis is the combination of public law and legal history at one side, and promoting both fields whenever possible, as much for the general public as for fellow scholars. Frankfurt had a reputation for critical thinking with the Frankfurter Schule. Among the second generation of this group of scholars which focused on philosophy and social theory Jürgen Habermas and Niklas Luhmann stand out. Stolleis is responsible for putting the history of public law in Germany’s history on the same level as political and social history. The four volumes of his Geschichte des öffentlichen Rechts in Deutschland (Munich 1988-2012) definitely widened for German legal historians their fields of interest, and opened a necessary perspective on German history long overlooked as a defining and decisive element. However interesting, the history of private law cannot be the sole focus of legal history. Public law belongs as much to it as criminal law, procedure and canon law.

Only in my last post I mentioned the Repertorium der Policeyordnungen der Frühen Neuzeit, a project started by Stolleis. Social law as a historical subject was the theme in his Geschichte des Sozialrechts im Deutschland. Ein Grundriss (Stuttgart 2003). If you think Stolleis focused only on Germany you might turn to his preface for the biographical dictionary Juristen. Ein biographisches Lexikon von der Antike bis zum 20. Jahrhundert (first edition Munich 1995). His book on the image and the metaphor of the eye of the law shows him at work also in in the field of legal iconography [Das Auge des Gesetzes: Geschichte einer Metapher (Munich 2004)].

The Max-Planck-Gesellschaft loses with Stolleis one of its most active and resourceful directors. Between 1991 and 2006 the institute in Frankfurt transformed already much by opening to wider fields and new approaches, and thus it prepared for the final touch, a change in its very name. Leading such transformations and normal scholarly business in sometimes difficult situations, and through losses as the untimely death of Marie Theres Fögen, is a great achievement. I will not try to list all awards, academy memberships and honorary doctorates Stolleis received. Let one prize suffice, the Hegel-Preis awarded by the city Stuttgart to Stolleis in 2018. Hegel was not just a very influential philosopher. His views became central to state building in nineteenth-century Germany and nineteenth-century science, in particular for historical research, with consequences for the twentieth century at large. In a time when law faculties have turned into law schools or just Fachbereiche we should remember Stolleis as a truly outstanding thinker whose publications can help to free you from preconceived views and following trodden paths. My words can hardly do justice to Michael Stolleis whom I greatly admired. Sadness about his death should be mixed with gratitude for his life, achievements and example of a lawyer and historian firmly rooted in past and present.

A postscript

On March 23, 2021 Thomas Duve published on behalf of the Max-Planck-Institut a much more detailed obituary for Michael Stolleis, in German and English.

A few words

Old Supreme Court Room, Capitol (1808)

The Old Supreme Court Room, later the Law Library, in the Capitol, designed by Benjamin Latrobe – image: Digital Public Library of America / Digital Library of Georgia

This year I waited long, perhaps too long, before finally writing something about the sequence of events from election, confirmation and the attack at the Capitol to the inauguration of a new president of the United States. I will not take on the mantle of a prophet seeing the future by looking into the past to explain anything about these momentous events. By now so much words have been devoted to them, and to the foreseeable future, that I will not bother you with my personal views on this situation. Instead I will simply give here an overview of my posts concerning the United States published here in the last years. You will see a number of themes that can be easily connected with the latest events and developments in the United States.

In order to alleviate to some extent any disappointment I will add here a short paragraph on an institution that came very much into sight this month. In fact I plan to look in an upcoming post on a number of similar institutions in other countries.

(Almost) a nutshell guide to American legal history

The best thing to do is probably to give here a commented list with some of my blog posts concerning or touching upon the United States:

When you click on the word United States in the first paragraph of this section you will be led to all my posts with this tag, and hopefully you can be happy with my selection. For me it was rather interesting to see how often I wrote about America at my blog. At my legal history website Rechtshistorie you can pick your choice among the links for the United States on the pages for digital libraries and archives.

A brief look at a particular institution

The flag of the US Capitol olice - image source{ Wikimedia Commons

At the very heart of the events at January 6, 2021 in Washington, D.C. was the United States Capitol Police (USCP). Tragically, an officer of this federal police force died in the events, but more tragically on that day the USCP did at first not succeed in protecting the Capitol. The USCP did not employ its full sworn strength of 2,000 women and men. On the history page of its website the USCP explains it came into existence in 1800, but only after a number of incidents an act was passed in 1828 for its formal establishment. Among the incidents was the attack by the British army destroying the Capitol, a fact not mentioned on this page. This part of the USCP website has not yet been updated. You will bear with me being a legal historian for noticing on that page the merger with the Library of Congress police in 2009. The website of the White House Historical Association has a section on the events in August 1814.

Is it possible a part of the USCP was actually deployed around the Library of Congress on January 6, 2021? I can understand no blog post about the events of January 6 has yet appeared at In Custodia Legis, the official blog of the Library of Congress Law Library. I cannot help noticing the USCP does not have a motto beyond Protect and Secure Congress, but the Latin motto surely has a very similar intention. Legal historians will at some point in time start writing about the events of 2020 and 2021, and in view of the mass of written and audiovisual materials an early start at preserving materials is not amiss. The digital life of materials is sometimes suprisingly brief! The Library of Congress should be one of the places to preserve the memory of these troubled times. It is reassuring to see how the services of this library and in particular the Law Library have grown in recent years. Even faithful visitors of its website can be surprised by the wealth of materials made accessible online in 2020.

I suppose as an historian you should feel an itch when writing about current events, if only to remember your own views take form within the present, influenced no doubt by the past. The present enables you to see a few things at close hand, but even so often you will have difficulties to see larger developments and to stand at the right distances for seeing vital connections, ruptures and continuities. Interpreting facts will come soon enough. As for other interesting police forces and their history they will appear here, too, in 2021.

Studying the American constitution

Logo of ConSource annoucing the ove to Quill

At a moment when the turmoil around the election of a new president of the United States of America is still living history, thoughts naturally turn to the key elements in the administration and government. The nomination of a new judge to the Supreme Court did not immediately lead to more stability. Political division in the Congress seems to harden. It is no wonder people look at the American constitution as a beacon of light and direction. In this post I will look at some of the online resources for studying the American constitution, in particular ConSource, just before it will become fully integrated with The Quill Project (Pembroke College, Oxford). At some points I will look also at other useful resources.

Digital resources for and around the US constitution

Logo The Quill Project

The Quill Project of Pembroke College, University of Oxford, the new home for ConSource created by the Center for Constitutional Studies, Utah Valley University, has certainly the US constitution as its core, but it is also home to other projects concerning legislation and constitutional history. I confess my surprise about the presence of these projects. The American constitution has so many aspects that even a dedicated website can touch only a number of them. A look at the original ConSource website can help to keep a clear focus.

At ConSource you can choose items in the menu bar at the top of the screen or go to the four sections indicated at the start page. The Library is the central element where you can use a research browser or enter eight different collections, for example for the constitution, the Bill of Rights and the amendments, constitutional debates, the Federalist Papers and reactions to them, and state constitutions and charters. The Index is an index in three sections, for the constitution, the Bill of Rights and the first ten amendments, and a section for the amendments 10 to 27. The section on education contains videos, lessons plans and information on some other projects concerning education about civil society.

Federalist Paper No. 1, 1787

The Federalist Paper No. 1, 17, 1787 – images source: ConSource

The other approach at ConSource goes through four sections, starting with Documents which turns out to be the Library, the Constitutional Index, the videos and the lesson plans. There are several ways to search and filter the documents collections. It is good to see here also a collection concerning Magna Charta. Interestingly, both the original edition of the Federalist Papers and transcriptions of these pamphlets are given. Resources with original documents are indicated with a scroll icon. There are 21 videos for a wide range of topics, among them one concerning the role of legal history for interpreting the constitution. The lesson plans contain not only units concerning the constitution, but also for the Declaration of Independence, the Articles of Confederation, the Constitutional Convention and the history of the constitution in the early republic.

Finding the constitution in a new context

Start screen Center for Constitutuional Studies, Utah Valley University

How do these rich resource figure at The Quill Project after conversion? Even without looking deeply into the new online presence it is good to see immediately a user guide. One of the main differences with ConSource is the navigation. In my view it is wise to start with the items in the top menu bar, unless your item of choice is visible in the selection at the start page. Here the Library has two main sections, one for resource collections and one for commentary collections. However, the layout below the links to these section starts with a section labelled Negotiations. You can find here five collections concerning the constitutions and related central documents, and also two section on Utah legislative history. For some unclear reason there is no alphabetical or chronological order, nor have the Utah items be marked with a different symbol or color, things that can be easily mended. With such riches at your finger tips you will want to benefit also from the Reader’s Tools. At this web page you will find things in a very clear and sober layout. The Compare Tool is surely one of the things you will like to use.

When you see some minor problems with the layout in the paragraph here above it is not entirely by chance the overview of resource collections contains some elements which had better been set apart quickly, such as Quill Project News and Forthcoming Events. There is no clear order for the 33 collections, but you will smile when seeing the weather reports collection during the constitutional convention! It is great to have access here to letters edited for the Electronic Enlightenment project. There are eight commentary collections, a number with less chances for confusion or unclear layout, yet I cannot honestly detect a clear order here, too. The inclusion of materials about the creation of the electoral college for the election of the US president is most welcome. If you think I jotted down only some quibbles you might try to find a specific resource using the Reader’s Tools. I tried to locate the Federalist Papers, but alas I could not find them, maybe because some search index does not work correctly, but more probably they have not or not yet been transferred to the new platform.

Negotiations are the central theme at The Quill Project. Being somewhat an outsider to American legal history I can only applaud the attention to the fact the major documents of Early American legal history are the fruits not just of Founding Fathers defending principles with their best qualities, but of debates which did not happen in a laboratory. Decisions were made, postponed or cancelled under live conditions of debate, shrewd or honest use of rhetorical powers, and even under changing weather conditions, and in some years facing clear and present dangers. In my view The Quill Project does help with its resources in open access to break current debates about the American constitution and some of the amendments out of a straightjacket focusing too narrow on a restricted number of resources. The label originalism should indeed be reserved for that kind of framework. This portal helps you to see how origins are elements among many other things. It shows the constitution as an historical document coming into existence after many years of political and legal experience and debates.

Logo Law Library of Congress

At the end of this post you might be waiting for my usual service of a variety of other relevant links. However, in this case it would be foolish to make your own selection of links. A number of libraries at American law schools provide you with sure guidance to materials for constitutional history, a number of them in open access, others licensed and often only accessible at universities and research libraries. I mentioned a number of resources for legal history in open access in my post about the resources portal for the history of slavery in the United States. The Law Library of Congress is the obvious starting point for any research touching upon the US constitution. Its logo deserves a place at the very start page of the Library of Congress!

For those more interested in actual political action around the constitution in the early American republic and the way one of the Founding Fathers worked I would like to point to the digital collection Jefferson’s Three Volumes created by Princeton University. It offers apart from the history of three volumes of papers purposedly and explicitly put together by Jefferson himself and disastrously torn apart by the action of archivists a kind of time capsule. These documents in “3. volumes bound in Marbled paper” stem from his period as Secretary of State between 1790 and 1793. They show graphically the kind of information he daily received, his drafts and sometimes neat copies of his reactions and own actions. For me these documents make him more human. They do not diminish the fact he was indeed a Founding Father. In view of the fact resources can be part of licensed online collections you might want to consult my generous selections of resources for American history in open access in the form of digital libraries and digital archives at my legal history portal Rechtshistorie.

Fifty years selling precious prints, books and documents

Cover jubilee catalogue Forum Rare BooksTwo months ago I first looked at a most lavishly illustrated antiquarian book catalogue, and I only had to figure a moment to write about it here. In its wake I found two other recently issued illustrated catalogues of the same firm, Forum Rare Books in ‘t Goy, a hamlet near the Dutch village Houten. This year Forum exists fifty years. The jubilee catalogue is a treat in every aspect. In this post I will look at the jubilee catalogue and two other recent catalogues. Many items in these smaller catalogues can be linked with legal history, but more can be said about them.

In 2017 I discussed here another catalogue issued by Forum with books, prints and other items concerning slavery. The jubilee of Forum is a good occasion to look again for legal history in its recent catalogues.

A feast to the eye

During a period of closed archives and libraries it has been hardly possible to have old books, prints or documents in front of you in a reading room. Digital archives and digital libraries have gained a new importance. With COVID-19 virus affecting many cities, regions and countries in different degrees it is not at all certain institutions that just reopened can remain open. I admit to finding some solace in the beautifully produced jubilee catalogue (Catalogue no. 118, PDF, 32 MB) of Forum Rare Books, a firm that started in Utrecht in 1970, since a few years situated in lovely rural surroundings to the south east of my home town Utrecht.

The special catalogue contains 260 items, all of them accompanied with at least one image, in some cases printed in full page. Item after item you marvel both at something truly rare and often ingeniously illustrated. In a number of cases not only the images take your breath away, the prices indicated do this, too. If you try to forget about them, you can appreciate the catalogue as a kind of exhibit and start enjoying the objects and admiring the descriptions.

Title page of "Los emblemas de Andrea Alciatto tradcidos en rhimas (Lyon 1549) - image: Forum Rare Books

Title page of “Los emblemas de Alciatio traducidos en rhimas Españolas” (Lyon 1549)

Item no. 8 is a rare edition in Spanish of the emblems collected by Andrea Alciato (1492-1550), the famous legal humanist, published in Lyon in 1549. Alciato founded and shaped the emblem genre, the combination of images and a motto, often in verse. The catalogue tells you about the new images in this edition and its place in the publishing history of Alciato’s emblems. Much care is taken for the description of its physical state, making clear that existing damage has not affected the images. The references in smaller cursive print are the result of patient research in many reference works, bibliographies and catalogues. When possible Forum does point to online meta-catalogues. It took me a while before I saw that the only thing you can possible add to the description of this item is a reference to Lyon15-16: Bibliographie des éditions lyonnaises 1473-1600 where this edition figures as no. 17425; information from USTC 342602 should be compared to this database.

A second item worth mentioning here is no. 26, a book by Caspar Barlaeus, Medicea hospes, sive descriptio publicae gratulationis (…) Mariam de Medicis (…) (Amsterdam 1638). It records the almost royal entree to Amsterdam of Maria de’ Medici in 1638. The text is accompanied by fine engravings with images belonging to the realm of legal iconography. This publication is an example of the Early Modern genre of festival books, a subject in a post here in 2018. In the Early Modern Festival Books Database this book figures as no. 2676.

Let’s continue our tour of this grand catalogue with no. 44, a publication by Johannes van der Bosch, Nederlandsche bezittingen in Azia Afrika en Amerika [Dutch possessions in Asia, Africa and America] (2 vol. and atlas, The Hague-Amsterdam 1818). Van den Bosch founded in 1818 also the Maatschappij van Weldadigheid [Society for Beneficence] which aimed at creating better circumstances for poor people. His scheme led to the building of labor colonies in the province Drenthe to which beggars and their families were transported. In an earlier post this year about Dutch archives I mentioned two websites concerning these colonies, Koloniën van Weldadigheid and Alle Kolonisten. Last year Angelie Sens published De kolonieman. Johannes van den Bosch (1780-1844), volksverheffer in naam van de Koning (Amsterdam 2019), a book about this most active man and his initiatives. On my way to no. 44 I had to skip a beautiful work on animals by John Audubon and a gorgeous copy of the Atlas by Joan Blaeu.

If you think one continent is missing in this catalogue you should look at no. 48, a legal treatise by William Westbrooke Burton, The insolvency law of New South Wales, with practical directions and forms (Sydney 1842). The catalogue tells us there was only one edition of this pioneer work on a subject in Australian private law.

The sheer variety of subjects, the telling images and often most interesting descriptions in this catalogue will bring you moments of immersion in a kind of time machine hovering over centuries and continents. It is truly with some difficulty that I leave it to your own curiosity to find out about the wealth assembled within its pages. At the website of Forum Rare Books you can search for web pages about individual items, provided they have not yet been sold. The website is also the source for some of the images in this post.

Autographs, manuscripts and much more

For all its qualities the great jubilee catalogue does touch only with a restricted number of items on legal history. In my view the two small catalogues in this section make up for this omission. The first catalogue, 2020 Autographs, documents & manuscripts (Catalogue 221, PDF, 4,7 MB) contains 24 items. Here you can encounter not just books and manuscripts, but also archival records. The first item is a notarial act from Antwerp confirming in 1546 an Italian notarial document for Giovan Carlo Affaitati, a spice merchant whose money supported the finances of emperor Charles V.

Trial documents from Johan van de Bergh, 1726-1729

Item no. 5 contains documents from the years 1726-1729 concerning the trial at the supreme court of Holland, West-Friesland and Zeeland of a murder case. Pieter Oostenrijck, a baker from the village Zoeterwoude, was tried for killing Cornelis Jansz. Schier, the blacksmith of the village. The documents stem from Johan van den Bergh, between 1725 and 1755 the baljuw (bailiff) of the Rijnland district around Leiden. Van den Berg was also for many years burgomaster of Leiden. The layout of the document shown on the left is typical of documents actually presented in writing before a Dutch court in the Early Modern period. The catalogue points to an advertisement for the sale of the blacksmith’s goods in 1725. It is indeed the kind of document making you curious to find out more about a case and its circumstances.

A following item worth mentioning here is no. 13, a manuscript in French about India and the castes Indiennes, written in 1743 in Karaikal. The anonymous author compares the Indian caste system to Christian belief and customs, enlivening his argument with stories. It is interesting to figure out the background of the author and the purpose of his treatise.

A charter in Portuguese, 1388

No. 16 is a royal charter from Portugal, written in 1388, with a verdict from the court in Coimbra on a case about a claim to a particular parcel land. This document shows a quite early use of the Portuguese language in an official document issued by royal judges. For archival records such as this document Forum does not provide references.

The second smaller catalogue issued this year I want to present here deals with posters, pamphlets and prints (Catalogue 235, PDF, 10,8 MB), with 28 items. The first item in it to be linked with legal history is no. 2, a poster for the auction of the Wulperhorst estate in Zeist near Utrecht in 1801.The statement neither the Karlsruher Virtueller Katalog nor WorldCat contain information about copies is correct, but it is more logical to check for it in the holdings of Dutch archives using the Archieven portal where no copy is recorded. The catalogue contains three other posters for auctions, this time for the sale of ships (nos. 3, 5, and 21).

Item no. 4 is a partially colored and illustrated broadside, probably dating from the late seventeenth century, showing Charles the Bold (1433-1477), duke of Burgundy, as a judge. The engraved images are accompanied by explanatory texts. No 28 is a similar broadside showing count William the Good of Holland performing justice in 1336, also stemming from the second half of the seventeenth century.

The title page of the "Receuil van verscheyde placaten (...)

The sixth item in this catalogue is a volume with 92 printed ordinances, instructions and other documents relating to the army and navy of the Dutch Republic, issued between 1591 and 1716 with a long title, Recueil van verscheyde placaten, ordonantien, resolutien, instructien, ordres en lysten, etc. betreffende de saacken van den oorlogh, te water en te lande. The set is quite rare. The Short Title Catalogue Netherlands mentions 2 copies of this set. The description has a phrase about placaten, “publicly posted documents”, pointing rightly to the fact ordinances were indeed posted literally outside important and central buildings. However, the term stems from the word placard, stressing the fact such documents were issued with an official seal.

No. 7 is another rare broadside from 1623, Tweede basuyne. en ‘t boosdoens heylige
wraeck-spiegel …
, with an image of the execution of some of the conspirators against prince Maurits. In 2019 I wrote here about Maurits and his conflict with the Dutch statesman Johan van Oldenbarnevelt and his conflict. He was executed after a political trial in 1619. Two of his sons did in 1623 an ill-organized attempt at assassinating Maurits, helping thus to put their father’s legacy for the Dutch Republic in unfavorable light. From the events of 1618 and 1619 stems also item no. 24, an engraving by Claes Jansz. Visscher II of the hanging of the coffin with the body of Gilles van Ledenberg, secretary of the States of Utrecht and chief supporter of Van Oldenbarnevelt, who committed suicide in prison before his sentence had been pronounced.

The most famous political murder in the history of the Dutch Republic is the subject of item no. 10, a broadside from 1672 with four etchings by Romeyn de Hooghe about the killing of Johan and Cornelis de Witt by a mob outside the county prison in The Hague in August 1672. I had expected a reference to the study by historian Henk van Nierop, The Life of Romeyn de Hooghe 1645-1708. Prints, Pamphlets, and Politics in the Dutch Golden Age (Amsterdam 2018) who in some cases argues convincingly for a new date and context of several undated etchings of this artist.

My tour of this catalogue ends with two items from the late eighteenth century. No. 11 is a set of printed ordinances issued in 1805 by governor Jan Willem Janssens for the Cape Colony in South Africa. At this time the Batavian Republic (1795-1806) was the state ruling most parts of the Northern Netherlands. The rule of the Dutch East Indian Company in Cape Town had ended in 1799. In 1806 the English took over the Cape Colony after an earlier English period between 1797 and 1803. Item no. 12 is an engraving of the first meeting of the national assembly in The Hague in 1797 during the period of the Batavian Republic.

Ascertaining the provenance of all these precious books, prints and documents is surely one of the things to do before you or an institution can pay the requested amounts for a particular item, but this will not stop you from sharing with me the admiration for these items described with such care and flair, and made more tangible in fine photographs. My brief remarks cannot hide my pleasure in looking at these three magnificent catalogues. This year Forum Rare Books issued already 23 (!) illustrated catalogues. Many international book fairs are currently held as virtual fairs. Whatever the prospects of anyone wanting to possess these items, the catalogues and the website of Forum offer you a tour around the world with most interesting items.

A city in distress: Dordrecht and the 1352-1358 interdict

Bull of pope Innocent VI for Dordrecht, 13

Bull of pope Innocent VI with his sentence to lift the interdict from Dordrecht, 1355 June 2 – Regionaal Archief Dordrecht, finding aid 1, Stadsarchieven 1200-1572, no. 274-6

Among the most frequent comments about the COVID-19 virus is the remark this situation is totally new. Historians will remember the 1918-1919 pandemic and the Black Death around 1348. In recent decades my own country faced at least three contagious diseases, some of them badly controlled by the authorities. Whatever our views of current regulations, cities and countries have been confronted with other situations with normal life severely hampered. Events have been cancelled and churches are closed for services. The latter theme prompted me to search for information about and examples of a medieval ecclesiastical punishment, the interdict. What did this mean and how did it work? It was only logical to combine this with a search for online historical resources.

These days I looked in particular at digitized sources held by Dutch archives. There is a wide variety of ways in which they present digitized materials. When I bumped into a bull of pope Innocent VI in the online gallery of the Regionaal Archief Dordrecht I found a charter dealing with an interdict touching the largest and most important city of the medieval county Holland. In this post I will look in particular at the rich set of sources for this period under an interdict in this archive, but also at other resources, the historiography about this interdict and at medieval canon law.

This rather long post has five sections. After looking at the character and impact of an interdict the case in Dordrecht comes into view. The third section deals more in general with archival records and the history of archiving in Dordrecht, followed by a section on online records concerning the medieval papacy. In the fifth section you will meet a very active medieval lawyer with a Dutch origin and international connections. At the end I offer some conclusions.

Defining the medieval interdict

The interdict suffers from the far greater fame of another ecclesiastical punishment, excommunication. Excommunicated persons were cut off from the body of the Christian faithful, and the examples of kings facing excommunication made an impression on contemporaries. Elisabeth Vodola’s Excommunication in the Middle Ages (Berkeley, CA, 1986) still is the classic modern study on this subject. Fred Kloek, my own history teacher, wrote a book about papal excommunication and medieval politics, De pauselijke banvloek. Een geestelijk wapen in de middeleeuwse politiek (Amsterdam 1987). He refused to view excommunication as a weapon that became blunt over the centuries. In his view the power of this punishment was initially due to the relative weakness of kings, and thus the popes were able to ensure support from powerful allies, but this balance clearly shifted. Strategies and tactics were different things.

For a definition of the character and impact of an interdict I follow the explanations of Hartmut Zapp in his lemma ‘Interdikt’ for the Lexikon des Mittelalters 5 (1991) col. 466-467. An interdict meant withelding the administering of the sacrament and a halt to church services (cessatio a divinis). Apart from the interdictum personale the interdictum locale could pertain to entire communities, cities and regions, or just one particular place. It became possible to lessen the harsh impact of an interdict, for example by getting papal dispensation for celebrating mass behind closed doors. Religious orders could receive exemptions from interdicts. Only seldom an interdict led to repentance of culprits. An interdict became increasinlgy only a nuisance, not an effective spiritual punishment.

Peter Clarke wrote the most recent full-scale study on the interdict, The interdict in the thirteenth century. A question of collective guilt (Oxford, etc., 2007). For the Low Countries an article by Marian de Smet and Paul Trio offers a good starting point, ‘De verhouding tussen Kerk en stad in de Nederlanden in de late Middeleeuwen, onderzocht aan de hand van het interdict ‘, Jaarboek voor Middeleeuwse Geschiedenis 5 (2002) 247-274. In the absence of research for the entire Low Countries De Smet en Trio focused on local and regional cases. Their article helps to see the interdict on Dordrecht in perspective. They disagree with Hartmut Zapp about the diminishing impact of the interdict in the fifteenth century.

Not just one charter

The interdict led on Dordrecht by Jan van Arkel, bishop of Utrecht from 1342 to 1364, came in a period of political strife. After the death of count William IV of Holland in 1345 his sister Margaret, married to emperor Louis of Bavaria, claimed the succession and wanted her son William to act as a governor in her absence. Parties formed quickly around both Margaret and William. During a coup in 1351 William was taken hostage and imposed as the new count. Supporters of Margaret were exiled. This unlashed a chain of events. The influence of aristocratic families, officials of the count and cities with their own interests, and growing interest from other counts and dukes, not to mention the prince-bishops of Utrecht, set the scene for a period of more than a century of endemic conflict between the two parties.

Understanding the meaning of the charters about this interdict and their relations is much helped by the clear paragraph on them in the Geschiedenis van Dordrecht tot 1572, Jan van Herwaarden et alii (eds.) (Dordrecht 1996) 97-101. Innocent VI’s bull of June 2, 1355 states the interdict dured already thirty months, so it seems to have been inflicted before the end of 1352. Henric Scoutate, a former schepen (échevin), had been excommunicated for murdering three citizens of Dordrecht, among them the bailiff of Dordrecht and another schepen. Henric and his complices sought sanctuary at the main parish church, the Grote Kerk, but an outraged mob entered the church and the churchyard and killed them. This shedding of blood was enough reason for bishop Jan van Arkel to place Dordrecht under interdict. Meanwhile the party strife between the supporters of both claimants developed, and on top of that a war started between Holland and Utrecht.

The bull from 1355 is indeed part of an archival context. A quick search for Innocent VI (Etienne Aubert, pope from 1352 to 1362) in the collections of the archive at Dordrecht brings you to the very first archival collection, toegang 1, Stadsarchieven: de grafelijke tijd, 1200-1572, inv.no. 274, the archives of the medieval city Dordrecht. This inventory number contains 24 documents created between 1354 and 1358, mainly charters but also letters, all of them with digitized images; one item contains seven charters. The papal bull is described under inv.no. 274-6. In the Digitale Charterbank Nederland, the portal for charters in the holdings of Dutch archives, you will find currently 90 charters concerning interdicts.

Only one document from the set at Dordrecht, without indication of the year, 1354 according to the inventory, tells us directly something of the moves made by count Willem. In his letter he urged the city Dordrecht to cancel their verdict on two men, Aper Scoutate and his nephew Henric, to be sent on a punitive pilgrimage (no. 274-1). The count said his mother Margaret did not want to let this happen. We can follow the interdict closely only from 1355 onwards. The letter was written in Quesnoy, the main castle of the counts of Hainaut. The medieval notice on the verso is simply wrong. The city empowered on March 27 three men, Johannes de Zeelandia, Petrus de Leeuwenberch and Henric Prijs, one of the four parish priests of Dordrecht, to deal with the bishop to end the interdict (inv.no. 274-2). On the back of this charter you can dimly see some remarks concerning the actions of procuratores – proctors or agents – at the papal curia in Avignon using this mandate when introducing this case. Among the names is a magister Johannes de Cloetinghe, a place in Zeeland. A day later Henric Prijs was promised financial recompensation by the city Dordrecht for any trouble with the bishop; he received also a letter of credit for 400 guilders (no. 274-3), but this has only been written on the back of the former document. On May 11, 1355 Petrus Majoris, an auditor causarum in Avignon, confirmed that notwithstanding the delay for an appeal Henric Prijs is allowed to appeal in this case (no. 274-4).

Surely we miss other documents from Avignon of the case, but in three letters Henric Prijs told in 1355 something about his troubles and matters around the legal conflict, in particular in his letter sent on May 22 (inv.no. 274-5). Gerard van der Veen, the chancellor of Jan van Arkel, was in Avignon and gave to the cardinael van Bolongen 2000 guilders to act on his behalf. This cardinal was in some way a relation of the count of Holland. Guy de Boulogne (1313-1373) was indeed one of the most important cardinals with many connections. Prijs also noted that Ricardus de Anglia, the second advocatus of the Dordrecht case, had a positive attitude towards Maud (Matilda, Machteld) of Lancaster, the spouse of count Willem V. Henric’s letter of credit had not been accepted, and therefore he begged the eldermen for another one from the Lombards or caoursins in Dordrecht. Henric Prijs seems to have perceived rather quickly the importance of (political) connections and the way things worked in and around the curia.

On June 8, 1355 Prijs announced the bull in which the bishop of Cambrai will act as a iudex delegatus (no. 274-7). A month later (July 8) he complained about magister Johannes de Zelandia, the other advocatus who took thirty écus from him (no. 274-8). This letter seems to indicate also some of the tarifs for actions and acts at the papal curia. In yet another letter without a date Henric repeats his plea to send him money (no. 274-9). On August 12 Petrus Maioris, the auditor causarum, confirms the protest of Henric Prijs and the three other parish priests (Wilhelmus de Lantscroene, Wigger Gerardi and Johannes de Tympel) against the accusations of the representants of Jan van Arkel on May 15 (274-10). On August 15, 1355 bishop Peter of Cambrai [Pierre d’André] sealed two charters, one adressed to Ludolphus Abolensis, clearly a kind of auxiliary bishop, and the other to Jan van Arkel, with the text of Innocent VI’s bull (nos. 274-11 and 12).

A procedural note about the relaxation of the interdict - Ra Dordrecht, toegang I, Stadsarchief 1200-1572, no. 274-14

A legal consultation about the relaxation of the interdict – Regionaal Archief Dordrecht, toegang I, Stadsarchief 1200-1572, no. 274-14

Below I will tell you about editions of the majority of these texts, but I can already show here an unedited text which sheds some light on the use of canon law in this conflict. No. 274-14 is an undated note with a splendid number of abbreviated words, fit for any examination in medieval palaeography! Halfway the text a decretal is mentioned, de offi. del. li.vi, pointing to the Liber Sextus (VI. I.14, the title De officio iudicis delegati). Does it read ix after decretalis or scilicet? This text ends with the conclusion the bishop of Utrecht would have to start a new procedure that could start only in the papal consistory. At the end it also becomes clear Ludolphus Abolensis wrote a consilium to this effect which is joined here by an anonymous lawyer.

Seal of Ludolfus Abolensis

The seal of frater Ludolfus episcopus Abolensis – RA Dordrecht, Stadsarchief 1200-1572, inv.no. 274-17

It is not clear for which diocese Ludolphus Abolensis was the bishop. J.F.AN. Weijling, Bijdrage tot de geschiedenis van de wijbisschoppen van Utrecht tot 1580 (diss. Nijmegen; Utrecht 1951; online, Radboud Universiteit Nijmegen) mentions him as a bishop who just happened to be in the diocese Utrecht (pp. 185-186). On September 29, 1355, he signed a charter in which he announced in Dordrecht the lifting of the interdict (inv.no. 274-15). A few weeks later he reassured the city this relaxation was effective notwithstanding any action of the bishop of Utrecht (1355 October 14, inv.no. 274-17). Meanwhile the city had already asked a priest, heer Arent, den grauwen priester, to go to Avignon to instruct Henric Prijs to ask for the absolution of the perpetrators of the murders in the church (1355 October 7, inv.no. 274-16). No. 274-21 is a copy of a papal letter dated January 6, 1356 to the abbot of the Norbertine abbey Mariënweerd whom Innocent VI ordered to view the earlier bull as null and void after a succesfull complaint by the bishop of Utrecht about the lifting of his interdict. This letter tells us the names of the three murdered victims, taken from the 1355 bull. At the back of this document is a letter dated May 5, 1356, by Johannes de Zelandia who wrote to the city of Dordrecht he thinks this papal letter is per se legally sound, but he will continue to get the interdict lifted. On the same day Petrus de Leeuwenberch, too, wrote to the city of Dordrecht about the actions by the bishop of Utrecht to cancel the relaxation of the interdict (inv.no. 274-22). According to this letter the cardinalis Boloniensis helped very much to reverse the earlier lifting of the interdict.

For brevity’s sake I would have skipped the three charters of Francesco degli Atti, bishop of Florence, to the city Dordrecht and the dean of Geertruidenberg (nos. 274-18 to 20) about the absolution for citizens of Dordrecht, but it is interesting to note how this bishop refers thrice to the fact he acts as a vice-regens for cardinal Aegidius, Gil Albornoz (1310-1367), clearly the most important cardinal in this period. Almost at the end stands the set of seven transfixed charters, with as the main document the foundation of a chapel at the Grote Kerk by Aper and Henric Scoutate (inv.no. 274-23, 1356 May 10). In my view it seems this could well be the new gesture of reconciliation replacing the earlier pilgrimage. The very last document concerning the interdict is a charter issued by bishop Jan van Arkel and Henricus Mierlaer, archdeacon of Utrecht and provost of the St. Martin’s cathedral on December 6, 1358 (inv.no. 274-24) announcing finally the end of his interdict. In this very short charter all attention should go to the words about dilectus noster consanguineus Arnoldus de Iselsteyn, a nephew of the bishop who had been the bailiff of the city Amersfoort and keeper of the castle Stoutenburg. Earlier Arnoud of IJsselstein had been involved in financing the policies of his uncle. In 1358 he was a councillor of count Willem. A mental illness ended Willem’s short reign.

Searching archival records in Dordrecht

Among the Topstukken [Highlights] at Dordrecht are more documents concerning legal matters, You can look at a charter from 1299 confirming the stapelrecht of Dordrecht which ensured traders had to unload their freights and bring them to the market before continuing their voyages, and at a manuscript from 1525 with municipal ordinances (keuren). For each item a short essay has been added explaining its meaning and importance. However, for these two items and for the 1355 bull no reference is given to the specific fonds or archival collection, as if nobody seeing these documents and reading the essays would want to see them in their archival context.

The set of charters and letters about the interdict at Dordrecht is without any doubt the largest surviving one in the Netherlands. Jacob van Oudenhoven noted them in his Oudt ende nieuw Dordrecht (…) (Haarlem: Vermerck, 1666; online, Österreichische Nationalbibliothek) 357-359 as a part of the official inventory made in 1649 of the records in the IJzeren Kast, the iron chest with city records (pp. 339-367). P.H. van de Wall published the bull in his edition of sources concerning Dordecht, Handvesten, privilegiën (…) der stad Dordrecht (3 vol., Dordrecht: Van Braam, 1770-1777; 2nd ed., Dordrecht: Van Braam, 1790; vol. 1, online, Delpher) 247-249. In his opinion it was not necessary to publish other documents about this case because the case was well known. He mentioned drawer Q where this and other documents were kept, and noted in particular only a charter of September 29, 1355 (Q.12) in which the bishop of Cambrai lifted the interdict (inv. 274-15).

Theologian Guillaume Henri Marie Delprat (1791-1871) was the first to write again at length about this set of documents. He published the majority of them in his article ‘Dordrecht onder kerkelijk interdict, 1352-1356’, Kerkhistorisch Archief 3 (1862) 1-64 [online, Internet Archive]. Delprat did not edit the papal bull, but only referred to Van de Wall, because large parts of the papal bull are repeated in another document (no. XVII). Delprat was a pioneer of research into the fourteenth-century religious movement of the Devotio Moderna. In the same journal he published an article about another interdict, ‘Het bisdom Utrecht en het graafschap Holland onder kerkelijken ban in de jaren 1280 tot 1283’, Kerkhistorisch Archief 3 (1862) 321-397. In both articles Delprat looked at the history of the interdict and at cases in medieval Europe.

The city archives of Dordrecht have rich holdings and a long history, charted by P.J. Horsman in his study Abuysen ende desordiën : archiefvorming en archivering in Dordrecht, 1200-1920 [Abuses and disorder: the formation of archives and archiving in Dordrecht, 1200-1920] (PhD thesis, Universiteit van Amsterdam, 2009; online). The oldest surviving medieval municipal accounts from the Northern Low Countries stem from Dordrecht. In the inventory by P. van den Brandeler, Inventaris van het archief der gemeente Dordrecht (3 vol., Dordrecht, 1862-1869; online, Hathi Trust Digital Library) the documents about this interdict had been placed in a separate rubric (I, 56-63) with twenty items. Van den Brandeler gave also the old signatures for these documents, most of them kept in the Iron Chest, and he referred when possible to the edition by Delprat. The inventory by J.L. van Dalen, Inventaris van het archief der gemeente Dordrecht (2 vol., Dordrecht 1909-1912) is basically still in use and searchable online in the search system of the Regionaal Archief Dordrecht, last edited in 2014. The references to Delprat have not been included in the descriptions. The current finding aid gives the documents concerning the interdict in chronological order. Horsman tells specifically Van Dalen added to each item the number given by Van den Brandeler and the old signatures. In my view references to editions are meta-data which enrich a finding aid. On closer inspection these references have been assembled by Van Dalen in the regestenlijst in the second volume of his inventory. These regesten give one-line summaries of the juridical content of documents in chronological order.

Photo of J.L. van Dalen at website Regionaal Archief Dordrecht

Jan Leendert van Dalen (1864-1936) is the man sitting at his desk on the website of the Regionaal Archief Dordrecht. He wrote twice at some length about the interdict on Dordrecht. In his book on the history of the Grote Kerk [De Groote Kerk (Onze Lieve Vrouwenkerk) te Dordrecht (Dordrecht 1927; online, Delpher] he discussed the affair (pp. 30-34) and he gave the text of the four letters by Henric Prijs [inv.no. 275-5 to 8, pp. 171-174], followed by summaries of the pieces not published by Delprat. Perhaps this explained his somewhat fatigued tone in the second volume of his history of Dordrecht a few years later [Geschiedenis van Dordrecht (2 vol., Dordrecht 1931-1933; vol. I, vol. II, Delpher]. Van Dalen devoted just one paragraph (II, 687) to the interdict in a distinctly tired tone, as if alread all that could be said had been written. Perhaps he was thinking about the study by G.D.J. Schotel, Een keizerlijk, stadhouderlijk en koninklijk bezoek in de O.L. Vrouwe-Kerk te Dordrecht (Amsterdam 1859; reprint Schiedam 1987; online, The Memory of the Netherlands) where you can find editions of five documents (pp. 94-98). Four of them had just been published by Delprat. In the fifth document Schotel succeeded in missing twice a crucial word, and his indications of gaps are wilful. Before I saw his edition I had already transcribed this document, the letter of count William, and you will find it in an appendix to this post.

It is ironical to see how Van de Wall not only edited the bull, but gave its exact signature in the IJzeren Kast (Q.5), how Delprat omitted it in his edition, and how Van Dalen put his references into regesten, as a kind of end notes. At that time it was a long standing tradition for Dutch archivists to create such short summaries which focused on the legal actions documented in archival records. If you think this is too much irony, you should ponder the sentence in the accompanying essay on the website of the archive at Dordrecht stating the papal bull should have been returned to the diocesan archive of Cambrai, because this bishop was ordered by pope Innocent VI to lift the interdict. The information has been condensed from the volume of essays about the archives of Dordrecht, Van ijzeren kast tot hamam. Topstukken uit het archief van Dordrecht, Jan Alleblas et alii (eds.) (Zwolle-Dordrecht 2011), with on pp. 23-24 the papal document, and on pp. 10-11 an article about the Iron Chest.

Papal records

Whatever you think about the chequered history of these records in Dordrecht, you will have to consider also I could at the moment of writing not visit a library to consult a number of important resources. I had no access to a copy of the Suppliques d’Innocent VI (1352-1362), U. Berlière (ed.) (Rome 1911; Analecta Vaticano-Belgica, V) nor to the Lettres d’Innocent VI (1352-1362), G. Despy (ed.) (Brussels, etc., 1953; Analecta Vaticano-Belgica, XVII, 1) or Innocent VI (1352 – 1362). Lettres secrètes et curiales, publiées d’aprés les registres des Archives Vaticanes, Pierre Gasnault, M.H. Laurent, Nicole Gotteri (eds.) (5 vol., Paris 1958-2006). Through the services of the bibliographic database of the Regesta Imperii you can quickly consult online the entry for Innocent VI by Pierre Gasnault for the Dizionario Biografico Treccani (2004).

Thus finding online resources was not just a question for the resources of the Regionaal Archief Dordrecht, a regional archive because it holds also archival collections of other cities and villages around Dordrecht, but also for finding access to more general sources and editions, in particular for papal documents. I could not access the database Ut per litteras apostolicas which covers the editions of medieval papal registers, nor did I have access to CD-ROM’s with images of these registers. An article by Yves Renouard, ‘Les minutes d’Innocent VI au Vatican’, Archivi d’Italia e rassegna internazionale degli archivi 2 (1935) 12-26 – online, Biblioteca Nazionale Centrale, Rome – taught me an object lesson how difficult it is to approach the papal registers from the period in Avignon. Even having them in front of you does not make things a straightforward task, because acts of Innocent VI have been mixed with those of other popes.

You can find digitized images of Van Dalen’s regesten within collection 131, Archiefdienst van de gemeente Dordrecht, inv.no. 1851, the archival collection of the archival service at Dordrecht. In my view they would become more useful when added as an appendix to finding aid 1 for the early municipal records until 1572. I created a concordance between the works of Van den Brandeler, the old signatures in the IJzeren Kast, Delprat’s edition, Van Dalen’s inventory and his regesten. Among the digitized resources which I could use is the Bullarium Trajectense for papal charters until 1378 concerning the medieval diocese Utrecht, edited by Gisbert Brom (2 vol., The Hague 1891-1896; online, Bayerische Staatsbibliothek, vol. I and II). Brom, Bullarium, no. 1548, gives a summary of the charter of January 6, 1356 (inv.no. 274-21) registered in Reg. Av. t. 12, fol. 534. The bull of 1355 is summarized in Brom, Bullarium, no. 1533 (p. II, 71), present in Reg. Av. t. 11, fol. 496v.

It would have been wonderful to use also the riches of the Repertorium Germanicum, but this resource starts only for the period from 1378 onwards. However, with some luck I could use an edition of supplications to the pope from the diocese of Utrecht in the fourteenth century. The edition of Supplieken gericht aan de pausen Clemens VI, Innocentius VI en Urbanus V, 1342-1366, R.R. Post (ed.) (‘s-Gravenhage 1937) has not yet been digitized, but it appeared also in the journal Archief voor de geschiedenis van het Aartsbisdom Utrecht 60 (1936) and 61 (1937), accessible at the Trajecta Portal for Belgian and Dutch ecclesiastical history.

Some supplications give you reason to think they did came into existence with a particular background, or they contain precious information about some persons. Wigger Gerards was a parish priest in Dordrecht, but also a chaplain of count William V [Post, no. 19 = Brom I, no. 1058 and Berlière I, 302, 1343 February 10]. Nicolaas de Stuyc from Dordrecht, a canon of the cathedral chapter in Utrecht acted in 1355 as a messenger for the clergy of the diocese Utrecht at the papal curia [Post, no. 14, 1342 Oct. 16 = Berlière I, no 251, and Post no. 458, 1355 Nov. 9 = Berlière II, no. 724]. He had been a councillor of countess Johanna of Brabant who was married to William IV of Holland [1349 March 26, Post, no. 213 = Berlière I, no. 1537]. Peter van Leeuwenberch was a baccalareus in canonibus and dean of St. Mary’s chapter, Utrecht [Brom, II, no. 1465, 1353 Feb. 6]. Chancellor Gerard de Veno comes into view in the supplications, too. Post noted he obtained numerous canonries during his career, starting in 1347 with a canonry of the cathedral chapter in Utrecht [Post, no. 153, 1347 July 3]. Johannes de Zelandia is first mentioned as a legum doctor and iudex curie vestre temporalis civitatis Avinionensis [Post, no. 502, 1358 April 6], and slightly later also as a vestri sacri palatii advocatus [Post, no. 506, 1358 May 22]. In a later request he used also the title advocatus fiscalis [Post, no. 523, 1359 Jan. 26]. In this request he tried to obtain a canonry at the St. Peter’s chapter in Utrecht for his brother Wisso, a cleric in Zierikzee, a town in the province Zeeland.

Not only priests did ask favors from the popes. On December 10, 1353, Margaret, duchess of Hainaut, received papal permission to have masses read in locis interdictis and the same day she gets also permission to enter cloisters with six women, to be able to have mass celebrated before sunrise, and to use a portable altar [Post no. 413 = Berlière II, no. 371; Brom, II, nos. 1494-1497]. The duchess clearly reckoned it would be wise to be prepared encountering interdicts anywhere. William V and his wife Maud of Lancaster, and John of Blois, too, requested only much later such a similar permisson [Post, nos. 473-474, 1357 April 30].

Some older source editions and studies relevant for the papacy at Avignon have been digitized, too. Among them are works such as Die päpstlichen Kollektorien in Deutschland während des XIV. Jahrhunderts, Johann Peter Kirsch (ed.) (Paderborn 1894; online, Internet Archive) and Claude Faure, Étude sur l’administration et l’histoire du Comtat Venaissin du XIIIe au XVe siècle (1229-1417) (Paris-Avignon 1909; online, Gallica). Most instructive is also a formulary with models for supplications created by a papal procurator from Hamburg working at Avignon, Das Formelbuch des Heinrich Bucglant. An die päpstliche Kurie in Avignon gerichtete Suppliken aus der ersten Hälfte des 14. Jahrhunderts (…), Jakob Schwalm (ed.) (Hamburg 1910; online, Staats- und Stadtbibliothek Hamburg). As for late medieval accounts, you might want to look at digitized accounts from four French regions and the papacy at Avignon in the project Ressources comptables en Dauphiné, Provence, Savoie et Venaissin (XIIIe-XVe siècle) with for example seven registers Introitus et Exitus of the Camera Apostolica between 1334 and 1342 held at the Archivo Apostolico Vaticano. I mention some of these resource on purpose, becaus they figure also in a most interesting article which provides crucial clues in the next section. The relevant chapters and the select bibliography in the History of courts and procedure in medieval canon law, Wilfried Hartmann and Kenneth Pennington (eds.) (Washington, DC, 2016) are of course the first place to look for more resources.

Back of document 274-2

The note on the verso of the mandate issued by the city Dordrecht, May 27, 1355 – RA Dordrecht, Stadsarchief 1200-1572, inv.no. 274-2 (enlarged and contrast enhanced)

In view of the large number of documents concerning this case edited by Delprat it seems only natural to supply here transcriptions of those documents that have not yet been published. I decided to edit the papal bull of 1355, after all the very document which prompted my investigations, and three other documents, the letter of count Willem, the short legal consultation and the charter of the bishop of Utrecht that ended in the interdict in 1358. I hesitated to edit also the rather long letter with the mandate for the agents of the city Dordrecht (inv.no 274-2), but perhaps I had better leave something to do for others, too! For those wanting to start I placed here an enlarged and sharpend image of the notes made in Avignon on the verso of the mandate as an invitation to look at the documents yourself.

Focusing on Johannes de Zelandia

One person in the Dordrecht documents, magister Johannes de Zelandia, stands out for his functions and legal degree. While contemplating his faits et gestes I could luckily use a scanned version at the website of the MGH in Munich of an article by Knut Schulz, ‘Bemerkungen zu zwei deutschen Juristen im Umfeld des päpstlichen Hofes in Avignon im 14. Jahrhundert. Johannes Henrici (von Seeland) und Wilhelm Horborch’, in: Formen internationaler Beziehungen in der Frühen Neuzeit. Frankreich und das Alte Reich im europäischen Staatensystem. Festschrift für Klaus Malettke zum 65. Geburtstag, Sven Externbrink and Jörg Ulbert (eds.) (Berlin 2001) 159-178. The complaints by Henric Prijs about Johannes’ need for money have some ground indeed. Johannes not only reached high offices, but later on possessed several houses in Cologne. Schulz thought there was no biographical notice about Johannes, but in fact there is a very short notice “Henrici (Johannes)” by J. van Kuyk in the Nieuw Nederlandsch Biographisch Woordenboek III (Leiden 1914; online, Huygens Institute for Dutch History) col. 579. The article of L.Ph.C. van den Bergh, ‘Aanteekeningen over de geschiedenis der advocatuur in Holland’, Nieuwe Bijdragen voor Regtsgeleerdheid en Wetgeving 5 (1855) 486-505, is from 1855, not 1885 as wrongly indicated by Van Kuyk [online, Hathi Trust]. Van den Bergh mentioned Johannes just once (p. 489), and I will come back to this reference.

Schulz doubts rightly whether Johannes was an auditor sacri palatii. Post records one request presenting him as a vestri sacri palatii advocatus [Post, no 506, 1358 May 22]. In one of the documents in Dordrecht Johannes calls himself in Romana curia advocatus [inv.no. 274-21, 1355 May]. Schulz shows him foremost as one of the procuratores at the curia for the city Hamburg, in particular for an interdict case richly documented in the edition of sources by Richard Salomon und Jürgen Reetz (eds.), Rat und Domkapitel von Hamburg um die Mitte des 14. Jahrhunderts (3 vol., Hamburg 1968-1975). You can read the accounts of the Hamburg agents with payments to Johannes online in the edition of Th. Schrader, Die Rechnungsbücher der hamburgischen Gesandten in Avignon 1338 bis 1355 (Leipzig 1907; online, Staats- und Universitätsbibliothek Hamburg). In a safeconduct issued in 1359 Johannes is mentioned as a legum doctor and causarum fiscalium patronus [Brom, Bullarium II, no. 1624, 1359 June 20]. With three other lawyers he contributed a legal consultation on a conflict between the clerics and the city of Speyer in 1373, and here, too, he is a sacri pallacii apostolici advocatus. I could trace not only the manuscript Wolfenbüttel, Herzog-August-Bibliothek, Cod. Guelf. 277 Helmst., fol. 211r-213v, but you can even look online at his consultation in another manuscript, Frankfurt am Main, Universitäts- und Stadtbibliothek, Ms. Praed. 88, fol. 34r-36v. Schulz noted Johannes became in 1357 with four other magistri at the curia an advocatus for the dean and chapter of Trier. Among them was a Richardus de Anglia who earlier on had acted also for Dordrecht. The image of the papal curia as a busy beehive where people circled around the pope and cardinals for their favor and money comes readily to your mind. The multiple tasks and charges, and the money coming with them, give his note “Vester totus”, yours truly or literally “completely of you”, in his letter of May 5, 1356 to the city of Dordrecht a hollow ring [inv.no. 274-21].

Schulz’s main scoop was the rediscovery of an article by Léon-Honoré Labande, ‘Liquidation de la succession d’un magistrat pontifical du XIVe siècle, l’Allemand Jean Heinrich (1375-1376)’, Annales d’Avignon et du Comtat Venaissin 1 (1912) 177-199 [online, fascicule 2 and fascicule 3, Gallica]. Labande edited the last will of Johannes de Zelandia; unfortunately only half its text has been preserved. A charter published in the Oorkondenboek van Groningen en Drenthe, P.J. Blok et alii (eds.) (2 vol., Groningen 1896-1899), searchable at Cartago, mentioned Johannes with the nickname dicto Lalaman, which definitively sounds as a phonetic rendition of the word l’allemand. No. 458 (1358 May 14) contains a verdict in a case heard by Petrus Majoristhe auditor sacri palatii we already met, concerning Gerardus de Veno, yet another figure in the documents at Dordrecht, who had to surrender his income from a prebend in Groningen. The first witness to this charter is our Johannes de Zelandia, in Romana curia advocatus. In his will Johannes donated his manuscript of the Lectura Codicis by Cino da Pistoia to another lawyer, Pons de Lagnes (Lecturam Chini super Codice, Labande, p. 185).

Johannes de Zelandia was also twice a temporal judge for the city Avignon. In an article by Louis Duval-Arnould, ‘Les registres de la Cour temporelle d’Avignon à la Bibliothèque Vaticane (Vat. lat. 14761-14781)‘, Mélanges de l’école française de Rome 92 (1980) 289-324, he is signalled as Johannes Henrici Alamanni in 1359 and 1375, the last year of his life. The manuscript Città del Vaticano, Biblioteca Apostolica Vaticana, Vat. lat. 14774 (description), documents his activity in 1375. In the same issue of this journal Jacques Chiffoleau, too, mentioned Jean de Zélande in a paragraph on the wide variety in background and the difficulties to retrace people at Avignon [‘La violence au quotidien. Avignon au XIVe siècle d’après les registres de la Cour temporelle’, MEFR 92-2 (1980) 325-371, at 330].

Foto van Janskerkhof 18, Utrecht - foto: D.C. Goosen, Het Utrechts Archief, 2011

The former claustral house Janskerkhof 18 – image: Het Utrechts Archief, cat.no 819349, photo by Dick Goosen, 2011

Much to my surprise Samuel Muller Fzn., the famous archivist at Utrecht, wrote a century ago about a claustral house of the St. John’s chapter in Utrecht sold to meester Jan van Zeeland in 1364 [S. Muller Fzn., Over claustraliteit: bijdrage tot de geschiedenis van den grondeigendom in de middeleeuwsche steden (Amsterdam 1890; Verhandelingen der Koninklijke Akademie van Wetenschappen, Afd. Letterkunde, vol. 19; online, Internet Archive) 137; Utrecht, Het Utrechts Archief, toegang 222, Kapittel van St. Jan, inv.no. 135-4, 1364 Aug. 31]. Muller supposed Johannes was a lay person. Thanks to the study about the jurisdiction on immovable property in the medieval city Utrecht by Martin de Bruijn, Husinghe ende hofstede. Een institutioneel-geografische studie van de rechtspraak over onroerend goed in de stad Utrecht in de middeleeuwen (Utrecht 1994) 194, we can even identify this house at the present Janskerkhof square no. 18, located somewhat backwards.

It would not help to bring together here all possible bits of information about Johannes de Zelandia, but some of them make you think again about this most interesting figure. Labande shows for example he was married to Amantia. If you think he was only active in Avignon in these years, the safeconduct I mentioned points in another direction. You will be less surprised by a charter from 1356 showing Johannes Heynrici de Zelandia at the abbey of Egmond, an institution under the protection of the counts of Holland [Haarlem, Noord-Hollands Archief, toegang 356, Abdij van Egmond, inv.no. 127 (1356 Dec. 17)]. This charter was copied into a cartulary (inv.no. 3, fol. 67v), a thing noted only in a regest (no. 367). It has not been included in the Digitale Charterbank Nederland, because the description is only given in a regest. It is the very document Van den Bergh noticed in 1855 in the Egmond cartulary. Johannes acted as the procurator of this abbey, too. Brom recorded him paying in 1357 for abbot Hugo the yearly sum to the papacy [Brom, Bullarium II, p. XXXVIII, also in G. Brom (ed.), Archivalia in Italië belangrijk voor de geschiedenis van Nederland I.1 (The Hague 1908); online, Huygens Instituut for Dutch History) p. 389, no. 1092].

Robert Fruin, the founding father of Dutch historiography in the nineteenth century, mentioned him appearing in an account of the counts of Holland in 1356 [R. Fruin, Verspreide geschriften I, P.J. Blok, S. Muller Fzn. and P.L. Muller (eds.) (The Hague 1900; online, Internet Archive) 137]: Item gegeven Meester Philips van Leyden voor sinen cost, die hi dede tutrecht met Meester Jan van Zeeland om den zoene te verclaren . . . , “given to master Philips of Leyden for his costs when was at Utrecht with master Jan of Zeeland to explain the reconciliation” [The Hague, Nationaal Archief, toegang 3.01.01, Graven van Holland, registers inv.no. 221, EL 22, fol. 64, and inv.no. 223, EL 27, fol. 100]. Philips of Leyden (1326/27-1382) is famous for his treatise on the care for the common good and the power of princes, De cura reipublicae et sorte principantis, first published in 1516. I searched in vain for any reference to the interdict for Dordrecht in his work. The reconciliation is surely the one between count Willem V and the bishop of Utrecht. Anyway, it shows Johannes again in action within the diocese of Utrecht. In 1357 Philips was sent to Avignon as an ambassador for count Willem.

Apart from a lack of access to archival records and printed editions, I had to find out things without the help of the most important scholarly literature. Two fairly recent volumes concerning the papacy in Avignon are accessible in open access, Offices et papauté (XIVe-XVIIe siècle) (Rome 2005; online, Open Edition) and Offices, écrits et papauté (XIIIe-XVIIe siècle) (Rome 2007; online, Open Edition), both edited by Armand Jamme et Olivier Poncet, provide very interesting articles and also a number of lists of functionaries for a good deal exactly at Avignon during the fourteenth century.

As for Dutch sources I acutely felt the need to look at accounts of the counts of Holland. The editions by H.G. Hamaker, De rekeningen der grafelijkheid van Holland onder het Henegeouwsche huis (3 vol., Utrecht 1875-1878) cover mainly the first half of the fourteenth century. The sequel edited by H.J. Smit, De rekeningen der graven en gravinnen uit het Henegouwsche huis (3 vol., Utrecht 1924-1939) is not available online. I could check one relevant volume of other accounts, De rekeningen van de grafelijkheid van Holland uit de Beierse periode, I, De hofrekeningen en de dijkgraafsrekeningen van de Grote Waard, I: 1358-1361, D.E.H. de Boer and J.W. Marsilje (eds.) (The Hague 1997; online, Huygens Institute for Dutch History). It would expand this post too much to give here a survey of relevant digitized sources at the portal of the Huygens Institute. I looked rather closely at some of them, but to no avail. However, you can benefit form the digitized guide by M.J. van Gent and M.-Ch. Le Bailly, Gids voor de landsheerlijke archieven van Gelre, Holland, Zeeland en het Sticht. Bestuurlijke, economische en sociale geschiedenis vóór 1500 (The Hague 2003).

Local history and European history

The Dordrecht city archivist Van Dalen was decidedly a man doing local history. Despite its great length my post has indeed the purpose of showing wider connections which come together at a particular place in a particular period. While researching this post I was also reading the Wereldgeschiedenis van Nederland, edited by Lex Heerma van Voss and others for the Huygens Institute for Dutch History (Amsterdam 2018). The aim of this book to show world history inside the history of one country holds a strong appeal for anyone who likes to transcend the borders of your usual territory. I am woefully aware that my foray into papal history has been hampered by not having access to a number of vital printed editions and modern works about the papal curia in Avignon, and I could not investigate other persons and subjects sufficiently. I would dearly want to check relevant registers and accounts of the counts of Holland at the Dutch national archives (Nationaal Archief, toegang 3.01.01, Graven van Holland) and similar sources for the bishops of Utrecht held at Het Utrechts Archief (toegang 218-1, Bisschoppen van Utrecht), even if the period 1340 to 1380 is only partially covered in the latter.

A significant catch in this post is insight in the way regests can both be helpful and most irritating. Putting information about document both in descriptions and in regests goes against the principle of a single point of definition. When the regests are not clearly and actually connected to the documents they describe, and in the case of a digital finding aid, literally and preferably linked directly and correctly to each other, you can miss crucial information. When you check for example for the abbey of Egmond the charters of this abbey held at the Noord-Hollands Archief Haarlem in the Digitale Charterbank Nederland you will find 811 charters in this database, but the regestenlijst added to finding aid 356 contains some 1,550 summaries. If this random example is only one occurrence of a serious problem, this database needs serious tuning and updating. In some cases rather old regesten currently get a new lease of life, even as additions to refurbished and reorganized inventories, but this cannot be done properly by just copying and pasting. The problem with these old summaries is not their focus on legal matters, but the way they can form a second information layer which should be consistently connected to finding aids and the items within them. The example of the regesten in Dordrecht surviving as part of another collection is rather extreme.

Originally I had planned a rather concise post with just some notes on an interesting papal bull, but the documents around it contain much more than had surfaced until now. The paragraph on Johannes de Zelandia became almost an independent post, but I decided to put it right in the centre of this contribution. Johannes was not just a proctor for one particular case. He put his mouth where the money was, in Trier and Hamburg among other places, and he did have other important functions as well. His possessions included houses in the Provence, in Cologne and Utrecht. The variant versions and spellings of his name and his nickname make him difficult to trace. Nearly forty years ago Wybe Jappe Alberts wrote an article ‘Tussen Keulen en Parijs. Overpeinzingen bij vijftig jaren bisdomgeschiedenis’, Jaarboek Oud-Utrecht 1981, pp. 26-34 [online, Utrecht University Repository], where he looked at the importance for Utrecht of the archbishops of Cologne in the first half of the fourteenth century. Between Cologne and Paris runs the road to Avignon and Rome. This post shows some rather curved parts of that road, and some of the wider views you might encounter. It is definitely possible to view a local interdict in a much wider context.

A postscript

I would like to point here to the bibliography on medieval ecclesiastical punishments at the blog FULMEN: Excommunication et autres censures spirituelles de l’Anqituité à nos jours.

As a fruit of ongoing digitization of manuscripts in the digital Vatican Library the register (latarium) Vat. lat. 14774 has now been digitized, too. From f. 35v onwards in this register Johannes Henrici Alamani acted for a brief period as a temporal judge in Avignon.

The Dutch Republic, order and ordinances

Startscreen Entangled Histories

Last year ordinances rightly figured here in a post about the Dutch book trade in the seventeenth century. Printing and publishing ordinances on behalf of authorities formed a stable core business for printers and publishers. In 2019 a project started to digitize Belgian and Dutch Early Modern printed collections of ordinances, the socalled plakaatboeken. In January 2020 the Koninklijke Bibliotheek, the Dutch national library, published at KB LAB, its digital humanities platform, the results of the project Entangled Histories: Ordinances of the Low Countries.

For a very particular type of ordinances a study appeared recently, also in January 2020, which forms a perfect candidate for a comparison between research using archival and printed resources at one side, and the use of datasets on the other side. This post shows ordinances also at the crossroads of government, politics and medicine at a point in time where this has become a new reality.

Choosing your approach

In my post on the book trade and ordinances in the Dutch Republic I looked at the study of Andrew Pettegree and Arthur der Weduwen on Dutch book production and sales during the seventeenth century. They pointed out how vital the task of printing and publishing ordinances was for printers and publishers. Each order for a single ordinance meant printing a fixed number of copies for which a low quantity of paper was needed, and best of all it guaranteed an immediate sum of money from the issuing authority, all factors making publishing and printing a stable business. The authors rightly concluded that the chance of printing and selling ephemeral works on a regular basis was probably essential for the success of the Dutch book trade.

Pettegree and Der Weduwen could not only locate rare editions in archives and libraries all over Europe, they also studied stock catalogues and auction catalogues for editions now lost. As members of the team for the Universal Short Title Catalogue they add information about existing copies of newly detected works to this online resource.

Getting hold of ordinances was important also for those authors venturing to create printed collections of ordinances called plakkaatboeken. A number of authors worked at provincial courts where you could expect to find the largest possible relevant collections. Finding out about these printed collections is much helped by using library catalogues with clear information about the nature of these works. The spelling of the very word plakkaatboek was not yet standardized, and thus you can encounter forms such as placaetboeck or placcaetboek. A few months ago I wrestled to locate digitized versions of the main collections for the Dutch Republic and Flanders in order to add them to my web page about Old Dutch Law. This task was hampered by the fact some digital libraries provide a link to an entire multivolume set, but others give you only links to each individual volume of a particular set.

However, even having online access to digital versions of these works, preferably combined with index volumes to them which I mentioned whenever available, is just the beginning of your research. These online versions are only to a limited extent searchable. Some digital versions have behind the screen an OCR-ed version, but it is notoriously difficult to get sufficiently reliable results when scanning Early Modern editions with the ordinary OCR process. These editions use several print types which pose difficulties in correct rendering, not to mention ligatures for certain letter combinations and abbreviations. Exactly for coping with this point the project of the Koninklijke Bibliotheek, led by Annemiek Romein, comes into its strength.

The project Entangled Histories: Ordinances of the Low Countries set out to provide reliable texts in three ways. First of all existing scans of digitized books were improved by creating new scans using HTR (Handwritten Text Recognition) with the Transkribus software. A second step was establishing each ordinance – or other element – as a distinct textual unit. The third step was enabling computerized categorisation of these units using a pre-established model. The project website provides explanations for each step.

The results of Entangled Histories are given as datasets, decidedly in plural. On the page explaining access to them it is stated the data are available in five formats, Alto, Page, XML, .docx and .txt for each book. An implication of this variety is the absence of a straightforward toolkit to use these data, because you can pick out your own format and determine the way you will handle them. The datasets are accessible at the Zenodo platform, with a separate page at Zenodo giving you a list of all works included. A quick overview is possible when you search with the tag Entangled Histories at Zenodo. The page with examples does not deal with the end result of the digital process, but with the models used for training the computers of Transkribus to read the pages.

Nearly 110 volumes for a total of 40 works have been included in this project. A number of them contain also texts on customary law (coutumes or costumen), statutes and other regulations. It is most thoughtful of the team at the Dutch Royal Library to include these works as well. The title of each dataset begins with an abbreviations pointing to the library from which a copy has been used. It seems only for one index volume accompanyng a plakkaatboek a dataset has been created, the Generale inhoud van alle de placaten (…) Groot Utrechtsch Placaetboek (Utrecht: Van Poolsum, 1733). You can deplore the absence of some editions from the sixteenth century, but this fact highlights only the clear need for decisions for any project.

It is possible to create your own workflow with these datasets and save them online. I had expected Annemiek Romein (Universiteit Gent), who created the project during her period in 2019 as a researcher in residence at the Koninklijke Bibliotheek, to create also a searchable textual corpus which you might access online, but this has not happened. Romein and the project members did not lock the data into only one format allowing only restricted research possibilities. In January 2020 I contacted Annemiek Romein to explain such decisions. She explained to me textmining was not the principal aim of this project. The version of a text coded in XML can be used for an online searchable edition. The focus of this project was more on the use and comparison of OCR and HTR scanning. In the overview of the volumes included you can use the DOI (Digital Object Identifier) address to go directly to a particular dataset. A direct combination of the datasets with the original scans cannot be offered at this moment, because these scans were made by the Grand Omniscient Firm for the cooperating libraries.

In view of this situation it is perhaps wise to remember such decisions for this project with datasets would have been entirely within the reach of the former Dutch NCRD institute for documentation on legal history and legal iconography. The NCRD had its office at the Koninklijke Bibliotheek in The Hague. The institute had been created by the KB and Dutch universities. At some point in its history the board of directors had to decide whether the database with a bibliography and scanned images, still only accessible under license, would run at a single computer or become available on more computers on a network. In my view Dutch and Belgian legal historians should not only start using the datasets of Entangled Histories, but also start working together to create its own infrastructure, both in the real world and in virtualibus, in order to combine knowledge and efforts in the field of digital humanities. No doubt the Foundation for Old Dutch Law could play a role in such matters, too.

Approaching lethal illnesses

Cover "Per imperatief plakkaat"

Until this point you might have become impatient with me about the promised second part of this post, a particular subject which can be linked with our own times. You might have wondered why I seem to search solace in writing about a glorious period in Dutch history which was not so happy for many people, as if nothing else happens in the world right now. The study of A.H.M. Kerkhoff, Per imperatief plakkaat. Overheid en pestbestrijding in de Republiek der Zeven Verenigde Nederlanden [By strict order. Government and fighting plagues in the Dutch Republic] (Hilversum 2020) deals with policies and ordinances against the plague and other contagious diseases during the Early Modern period. At the publisher’s website is a preview of the first fourteen pages of this book.

The main question in Kerkhoff’s study is why it took almost three centuries before the Staten Generaal, the central governing body of the Dutch Republic, decided to enact general measures againt contagion in periods with threats of plague. Kerkhoff starts his study by looking at the first successfull policies against contagion made by Italian cities around 1400. He even translated a statute against the plage issued in Ragusa in 1377. It needs stressing these Italian towns were in some cases large city states, a fact other states might have noticed, too. However, for centuries local Dutch towns issued their own pestordonnanties. Only in 1664 the Staten Generaal came with an ordinance pertaining to all provinces and other regions. Other authors, for example Leo Noordegraaf and Gerrit Vlak, De gave Gods. De pest in Holland vanaf de late middeleeuwen (Amsterdam 1996; online, Digitale Bibliotheek voor de Nederlandse Letteren (PDF)), did certainly mention this ordinance, but they and others focused on one region or on a single town. In the Groot Placaet-boek (…) Staten Generael ende (…) Staten van Holland en West-Vrieslandt (…) edited by Cornelis Cau et alii (9 vol., ‘s-Gravenhage-Amsterdam 1658-1795) the second volume contains the ordinance issued on July 31, 1664 by the Court of Holland, Zeeland and West-Friesland (II, col. 3171-3174). A few days later the States of Holland came with its own resolution concerning measures to be taken. Kerkhoff combines research in archives with the use of relevant historical studies. Using digitized collections of ordinances or even the new datasets, provided you can tune them quickly to your preferred way to approach them, can be most helpful to support more traditional ways of research, and it will also be most instructive to become better aware of the restrictions and limits of both approaches.

Kerkhoff wants to show that the political will to impose measures in the most general possible way was more important than medical views of contagion control. The author briefly mentions some examples of modern diseases which confronted Dutch authorities in recent decades and reminds us of the clash of interests in the debates about the policies against these diseases. With currently the new corona virus as a very real and growing presence in many countries this study seems to have been written with an uncanny intuition about the return of such matters of grave concern. Medical and epidemological knowledge, wisdom and vision are certainly needed to deal with different views about actions against this virus. With yet another project on its way at the Huygens Instituut for the digitization of the resolutions of the States of the provinces in the Dutch Republic between 1576 and 1795 and their reIease in a open access research environment I am sure a combination of the datasets of Entangled Histories with these resolutions will open new vistas and roads to ask new questions, to probe deeper into them and shed new light on older studies and views.

A postscript

In June 2020 the first tranch of some 5,000 scanned pages with resolutions of the States General appeared on the Dutch crowdsourcing platform Vele Handen. The REPUBLIC project, too, works with Transkribus. Volunteers will check the scans and correct the computerized transcriptions.

Annemiek Romein, Sara Veldhoen and Michiel de Gruijter published the article, ‘The Datafication of Early Modern Ordinances’, DH Benelus Journal 2 (2020) about the Entangled Histories project.

Maurits and Oldenbarnevelt, a prince and a statesman

Paintings of Maurits and Oldenbarnevelt at the exhibition of museum Flehite

Paintings of Oldenbarnevelt (left) and Maurits (right)

Any country has some dates in its history on which politics and violence come together. Political murders are a rare phenomenon in Dutch history. Willem van Oranje, leader of the Dutch Revolt in the sixteenth century, was assasinated in Delft on July 10, 1584. The brothers Johan and Cornelis de Witt were lynched by a mob in The Hague on August 20, 1672. The mob held them responsible for the French occupation of the Dutch Republic. In recent years my country has witnessed the assasinations of politician Pim Fortuyn (May 6, 2002) and movie director Theo van Gogh (November 2, 2004). Last week solicitor Derk Wierum was shot brutally in front of his home in Amsterdam. Alas it was not the first time in this century a Dutch lawyer was shot, but the death of a solicitor defending a crown witness is an assault on the rule of law and justice.

In the list of Dutch historical figures who became a victim of violence you will find also a lawyer and statesman sentenced to death after a political trial. Johan van Oldenbarnevelt (1547-1619) clashed with prince Maurits, the son of William of Orange. I hesitated to deal here with yet another commemoration based on rounded years, but at last I visited an exhibition in his home town Amersfoort. I looked at some historical spots and archival records, and I will briefly mention some recent publications about Oldenbarnevelt.

A matter of choices

In the lovely old inner city of  Amersfoort – near Utrecht- Museum Flehite has organized the exhibition Johan en Maurits. Van vriend tot vijand [John and Maurits, from friends to enemies]. The exhibition opened on May 13, 2019, exactly four hundred years after the execution of Oldenbarnevelt on the inner court of the Binnenhof in The Hague, the premises of the Staten-Generaal, the governing body of the Dutch Republic. A life of service to the state, helping to create and unify it, ended on the scaffold. In a country sharply divided between his followers and those agreeing with prince Maurits Oldenbarnevelt had become a public enemy.

Photo of the Bollenburg house, Amersfoort

Van Oldenbarnevelt stemmed from a fairly average family in Amersfoort. His father was a merchant who acted also as a sequester, an official who took goods into his charge pending judicial proceedings. It is not known where Johan was born, but the house Bollenburg (Muurhuizen 19) where he lived for some time in later years still exists. The Muurhuizen, literally “wall houses” is nowadays a very picturesque street around the inner city with many beautifully restored medieval and Early Modern houses.

The information about his youth comes mainly form a single source, his own statement from 1619 about his life. The full biography on Oldenbarnevelt by  J. den Tex [Oldenbarnevelt (5 vol., Haarlem-Groningen 1960-1972) warns for wanting to flesh out such information. After going in 1564 to The Hague to work for a barrister he studied between 1566 and 1569 in Louvain, Bourges, Cologne, Heidelberg and Padua. At Louvain his name was entered wrongly in the student register…  In 1570 he became a barrister at the Hof van Holland. Two years later he went to Delft to work for the hoogheemraadschap (water control board) of Delfland. In 1576 he became the city pensionary of Rotterdam. Soon he was chosen also on committees of the States of Holland. After the death of William of Orange in 1584 he supported a transfer of power to his son Maurits. His activity, qualities and insights were duly noticed, for in 1586 he reached the two posts he would hold until his death, landsadvocaat (state solicitor) and raadpensionaris (grand pensionary) of Holland.

Much has been made of the personal differences between Maurits and Oldenbarnevelt. Up to the year 1600 they seemed to make a perfect match, Maurits as a prudent and most gifted tactical military leader, Oldenbarnevelt as the man of grand strategies. Thanks to their combined leadership the Dutch Republic grew from a very low point in the mid-eighties to an emerging European power. A campaign to deal with the pirates of Dunkirk led to a hard fought victory in 1600 on the beach of Nieuwpoort in Flanders where Maurits won the day with some luck. The incident annoyed him a lot, because he had urged Oldenbarnevelt not to start this adventure.

In 1609 a truce for twelve years with Spain was reached. Oldenbarnevelt had personally supported François van Aerssen (1572-1641), the Dutch ambassador in France, until 1613 when he did not continue him in his function. Van Aerssen felt disappointed and soon became the personal advisor of Maurits. A prolonged debate about theological matters in the Dutch Republic, in particular about predestination, developed into a full-scale political conflict about the relation between church and state. Maurits decided in 1617 to join sides in public by going to the church of Oldenbarnevelt’s opponents in the Kloosterkerk, next to Oldenbarnevelt’s home in The Hague. The way a national synod should convene at Dordrecht and settle these matters was another matter of disagreement. In several cities riots broke out. In August 1617 Oldenbarnevelt forced the States of Holland in issuing an ordinance permitting individual cities to raise mercenaries to protect citizens. Citizens were not allowed to appeal to the Court of Holland, and soldiers had to obey only the orders of the States of Holland, not those of their commander Maurits. The very balance of power in the Dutch Republic between the individual provinces, the States General and the stadhouder was at stake, and also the adherence to the principles of government laid down in the Union of Utrecht (1579). Oldenbarnevelt favored a situation where towns and provinces could decide themselves on the admission of religious movements, and more specifically he wanted space and tolerance for those who did not join the Reformed protestant majority.

Maurits’ role in the events from 1617 until 1620 is nowadays much clearer than for Den Tex. J.G. Smit could edit 120 letters by Maurits held since 1862 at the Koninklijk Huisarchief [Royal Archive] in The Hague [‘Prins Maurits en de goede zaak : Brieven van Maurits uit de jaren 1617-1619’, in: Nederlandse historische bronnen I, A.C.F. Koch, J.G. Smit and A. Kersten (eds.) (The Hague 1979) 43-173; online, Digitale Bibliotheek der Nederlandse Letteren]. These letters show clearly how Maurits worked slowly but steadily against Oldenbarnevelt after the resolution of August 1617. A year later, after more riots, forced changes in city government, and above all the dismissal of the waardgelders in several towns Maurits had Oldenbarnevelt and his chief supporters, one of them Hugo Grotius, arrested on August 29, 1618. Maurits was in contact with some of the men who were later on chosen to judge Oldenbarnevelt.

It is wise to refer here also to the analysis by Jonathan Israel in his major study The Dutch Republic. Its rise, greatness, and fall 1477-1806 (Oxford 1995) of what happened in this year. Finding a legal reason for arresting Oldenbarnevelt might not have been particularly difficult, but on whose authority the arrest had to be done was certainly unclear, as was the choice of a tribunal and the judges. In the end the judges were chosen from both Holland and the other Dutch provinces. The trial dragged on for months. In the end the verdicts surprised many people. Grotius and Hogerbeets were sentenced to life imprisonment, but Oldenbarnevelt was sentenced to death, with the execution already following the next day, May 13, 1619. Maurits had ignored pleas for leniency towards Oldenbarnevelt. He did not attend the execution and an eyewitness report troubled his mind severely.

Some telling objects

One of the early editions of the verdict on Oldenbarnevelt

An early contemporary edition of the verdict on Oldenbarnevelt, 1619

The exhibition in Amersfoort is rather small, but the role of pamphlets and broadsides is made quite clear. The verdict on Oldenbarnevelt was quickly printed and published in several languages. Some of the items on display are most telling. The walking stick of Oldenbarnevelt is perhaps the most famous item associated with any Dutch historical figure. A poem by Joost van den Vondel immortalized both its owner and the stick. Another item is rather grim. The Staatliche Kunstsammlungen in Dresden recently acquired a sword which belonged to the German executioner Hans Pruym who worked for the city of Utrecht, the very man who decapitated Oldenbarnevelt. The Rijksmuseum in Amsterdam has another sword said to have been used for the execution of Oldenbarnevelt (object no. NG-NM-4245), inscribed with a poem, but there is no provenance record of it before 1745. The story of Oldenbarnevelt’s captivity has long been known partially from a deposition by his servant Jan Francken, edited by Robert Fruin, ‘Verhaal der gevangenschap van Oldenbarnevelt, beschreven door zijn knecht Jan Francken’, Kroniek van het Historisch Genootschap, 6th series, part 5 (1874) 734-785 (online, Hathi Trust Digital Library). This year the original diary long held in private possession finally became visible to the public. It has been shown at the Museum De Gevangenpoort, a prison museum just outside the Binnenhof in The Hague, and is now on display at Museum Flehite.

Engreaving of the executionm, 1619

‘Justice done to Jan van Oldenbarnevelt’, engraving of the execution of Oldenbarnevelt by Claes Jansz. Visscher, 1619 – source: Het Geheugen van Nederland, https://www.geheugenvannederland.nl/

This engraving has become famous for many reasons. Andrew Pettegree and Arthur der Weduwen discussed it in their study The bookshop of the world, reviewed here earlier this year, as the very work which laid the foundation for the success of Broer Jansz., a publisher in Amsterdam who succeeded in very quickly publishing this powerful picture. At Museum Flehite it is literally used as a background picture on a wall. These years saw a flood of pamphlets about and more often against Oldenbarnevelt. Fake news was created, too, to undermine his position. A number of these pamphlets has been put on display at Museum Flehite. The death of Oldenbarnevelt was not the end of the political strife. A few years later two of his sons prepared a coup, but they were quickly unmasked and severely punished. This did not help to put Oldenbarnevelt and his party in favorable light. The conflict helped to create a fundamental division in the Dutch Republic between those supporting the Oranje family and those supporting the cities and their governing class.

A quick look at recent publications about Oldenbarnevelt leaves me with sometimes mixed feelings. Jan Niessen, Johan van Oldenbarnevelt 1547-1619, vormgever van de Republiek (Utrecht 2019) is rather short. The translation of Jan Francken’s diary by Thomas Rosenboom does some service in retelling his story in modern Dutch [Het einde van Johan Oldenbarnevelt, beschreven dor zijn knecht Jan Francken (3rd ed., Amsterdam 2019)], but a new edition of the text from the original diary which surfaced this year is necessary. The book of Ben Knapen, De man en zijn staat. Johan van Oldenbarnevelt 1547-1619 (7th ed., Amsterdam 2019) offers a political study of Oldenbarnevelt by a historian and politician. Broeders in oorlog, vijanden in vrede. Johan van Oldenbarnevelt en Maurits van Nassau, redders van de Nederlandse Republiek by Mike Hermsen (Zutphen 2019) focuses on the two statesmen and their contribution to the Dutch state, with a fine choice of illustrations. Wilfried Uitterhove’s De zaak Oldenbarnevelt : val, proces en executie (Nijmegen 2019) focuses not only on the final years, but also in particular on the documents concerning the trial. Ronald Prud’homme van Reine, Onthoofdingen in de Hofstad. De val van de Oldenbarnevelts (Amsterdam 2019) looks also at the plot of the two sons. Bollenburg, het huis van Oldenbarnevelt by Jojanneke Clarijs (Bussum 2017) appeared a few years earlier to commemorate the recent restoration of this house.

Account of the costs for the trials, 1621

Account for the costs of the trials in 1618-1619 – Utrecht, Het Utrechts Archief, Huis Hardenbroek, inv.no. 4507

The main historiographical gap is still the lack of a full biography of prince Maurits on the scale of Den Tex’ work for Oldenbarnevelt. The study by J.G. Kikkert, Maurits van Nassau (Bussum 1985; 3rd ed., Soesterberg 2016) is very much in favor of Maurits. Arie van Deursen, Maurits van Nassau, 1567-1625. De winnaar die faalde (Amsterdam 2000) did not quite live up to high expectations. Some of the documents about Oldenbarnevelt’s life and the trial were edited already long ago, for example the questionings at the trial, Verhooren van Johan van Oldenbarnevelt (Utrecht 1850; online, Hathi Trust) and the Gedenkstukken van Johan van Oldenbarnevelt en zijn tijd, M.L.van Deventer (ed.) (3 vol., The Hague 1860-1865; online, Hathi Trust). The document on the left, an account of the costs for the trials against Oldenbarnevelt, Grotius, Rombout Hogerbeets and Gilles van Ledenberg, was edited by J.J. de Geer van Oudegein, ‘Onkosten der judicature van Van Oldenbarnevelt’, Kronijk van het Historisch Genootschap 17 (1861) 336-340 [online, Hathi Trust]. This account is now – together with yet another copy of it – one of the special items in the archival collection of castle Hardenbroek for which I am busy finishing a new and very extensive finding aid at Het Utrechts Archief.

Another element that for many years hampered scholars to do research on Oldenbarnevelt was exactly the fact his archive held at the Dutch National Archives was only fully described as late as in 1984 by H.J.Ph.G. Kaajan, Inventaris van het archief van Johan van Oldenbarnevelt, 1586-1619 (finding aid no. 3.01.14 (PDF), followed in 1987 by a finding aid for the Oldenbarnevelt family archive [H.J.Ph.G. Kaajan, Inventaris van het archief van de familie Van Oldenbarnevelt, (1449) 1510-1705) (finding aid no. 3.20.41 (PDF)]. Kaajan drily notes in his introduction Oldenbarnevelt’s handwriting was terrible. The modern edition of his state papers and family papers by S.P. Haak and A.J. Veenendaal, Johan van Oldenbarnevelt. Bescheiden betreffende zijn staatkundig beleid en zijn familie 1570-1620 (3 vol., The Hague 1934-1967) can be consulted online, too.

Doing full justice to two historical figures can be seen as a metaphor, but in this case there are certainly spurs – both new objects and archival records – to delve again into the early history of the Dutch Republic which was shaped decisively by Maurits and Oldenbarnevelt. It is always a good sign when an exhibition makes you think again about its subjects and the objects put on display.

Amersfoort, Museum Flehite: Johan & Maurits: Van vriend tot vijand – May 13, 2019 until January 5, 2020

A postscript

On February 5, 2020, AvroTros television broadcasted the first installment of the series Historisch bewijs [Historical proof] created in cooperation with the Rijksmuseum featuring both the sword from Dresden and a sword in the holdings of the Rijksmuseum [Rijksmuseum, inv. no. ng-nm-4245] said to be the executioner’s sword. As an extra you can look at a fifteen minutes video of background research in the municipal archive of The Hague. The sword from Dresden was put on display at the Rijksmuseum in 2018. Research concerning both swords led to the article by Lieke van Deinsen en Jan de Hond, ‘The Sword and the Album: Material Memories and an Eighteenth-Century Poetic Account of the Execution of Johan van Oldenbarnevelt (1619)’, The Rijksmuseum Bulletin 66/3 (2018) 204-233. The sword in Dresden [Rüstkammer, Staatlichen Kunstsammlungen, inv. no. iv 0198] came into view thanks to research by Gisela Wilbertz who published the article ‘Das Schwert des Scharfrichters Hans Prum in der Dresdner Rüstkammer’, Signa Iuris 16 (2018) 91-108. Hans Prum (ca. 1560/65-1621) stemmed from Meisenheim. He came to the Netherlands and worked in Zutphen and Utrecht; see for his life the articles by Cornelis R.H. Snijder, ‘Het scherprechtersgeslacht Pruijm/Pfraum, ook Prom/Praum/Sprong genoemd’, Gens Nostra 69 (2014), 488-500, 70 (2015), 14-23 (also online, PDF), and ‘Hans Pruijm, scherprechter te Zutphen 1595-1604. Executeur van Johan van Oldenbarnevelt’, Zutphen 35/4 (2016) 105-111 (online, PDF).

Hong Kong, Macau and Singapore, three Asian city states

Sometimes events can seem rather unique, but historians have been trained to be wary of this claim. Since weeks the city state Hong Kong is in the grip of political turmoil. The legal and political status and future of this special administrative region in China is at the core of the disputes and actions. It is not a new idea to look at the law of both Hong Kong and Macau together, but I decided to add a third town in South East Asia to the comparison in this post. What have these city states in common apart from their geographical situation around a harbor? In this post I will look at a number of digital archives and libraries which bring you to important resources for the legal and cultural history of these interesting Asian cities.

Three of a kind?

It is tempting to start here with the colonial period of the three harbors. Macau was the oldest European colonial town in China, founded by the Portuguese in 1557. In and around Hong Kong people have lived already some 5000 years. For Singapore on the Malaysian peninsula there is a reference from the second century BCE. From the fourteenth century onwards there is more continuity for Singapore, but it is also clear the Portuguese destroyed the city in 1613. I prefer to treat the three towns here at first separately.

Startsscreen "Memória de Macau"

With currently some 600,000 inhabitants Macau is the smallest of the three cities. They live on a territory of just 30 square kilometer, making Macau the most densely populated spot on earth. Macau’s fortunes depended initially strongly on the position of the Portuguese commercial empire. Even though the Portuguese influence became weaker, Macau became attractive as a pivotal point in intra-Asiatic commerce. Since 1999 Macau is a special administrative region of China. The Hong Kong-Zhuhai-Macau Bridge, actually a tunnel and a bridge with a length of 42 kilometer, connects since 2018 Hong Kong with Macau.

A search for digital resources concerning Macau yielded quickly some important results. The portal Memória de Macau was only launched in April 2019. It brings you to digitized books, archival records, maps, audiovisual materials and images of museal objects in Macau. The portal offers also a chronology of Macau’s history which you can even filter for events in politics and law, and there are of course sections on the arts and culture. Memória de Macau is accessible in Portuguese and Chinese. For searching the legal history of Macau the Base de Dados de Legislação de Macau (LEGISMAC) brings you not only to current law in Macau, but also to laws and other legislative acts since 1855. At Fontes Macau-China, sécs. XVI-XIX, part of the Observatório da China you will find a digital library with Early Modern books, its contents are viewable with a Portuguese, Chinese and English interface. The Biblioteca Digital da Fundação Jorge Álvares in Lissabon is a small digital library with digitized books about Macau and China. In the UM Digital Library Portal of the Wu Yee Sun Library, Universidade de Macau you can consult among other things Chinese worksWestern books on China and rare Western books. For Macau the digital library at the portal on Portuguese colonial history Memórias de Africa et do Oriente contains only nine titles.

The Arquivo de Macau has digitized the official gazette, the Boletim do Goberno / Boletim official de Macau, for the period 1850-1999, you can view the issues with a Portuguese, Chinese or English interface. In 1993 the Chinese government announced the legal framework for Macau from 1999 onwards. It is referred to as the Basic Law (here the English translation).

Hong Kong’s long history

Start screen Historical laws of Hong Kong Online

A similar search for digital collections concerning the (legal) history of Hong Kong took me much more time. Only the Hong Kong Legal Information Institute came immediately into view. This branch of the WorldLII contains not only modern legislation and jurisprudence, but also Privy Council Judgments (1861-1997), historical laws (1890-1964), and also first instance and appeal judgments since 1946. The University of Hong Kong Libraries offer access to Historical Laws of Hong Kong Online as a part of the Hong Kong University Library Digital Initiatives, a portal to several digital collections, including sections for rare books, legislation and war crime trials. I should have spotted at Historical Laws of Hong Kong Online the link to a page with several other online resources, for example Hong Kong Government Reports Online (1842-1941). The Hong Kong Public Libraries have among its digital collections a general Hong Kong Collection and for example old newspapers since 1853. The Run Run Shaw Lbrary of the City University of Hong Kong has a portal for its Digital Special Collections. Hong Kong Memory is a portal for digitized cultural heritage, mainly for the arts, geography, audiovisual collections and oral history. You can consult a number of historical maps at HK Maps. For Chinese rare books there are a digital collection of the Chinese University of Hong Kong Library and the Hok Hoi Collection of the Hong Kong Public Libraries with classic Chinese literature.

Two archives founded by the government of Hong Kong preserve archival records, the Government Records Service, with three digital collections and three virtual exhibits, and the Legislative Council Archives, founded in 2012. Within The Hong Kong Heritage Project you find the archive of the Kadoorie family and much more. A number of digitized archival collection for Hong Kong has been digitized by libraries. The Hong Kong Public libraries have digitized some 48,000 digitized archival records of the city council between 1965 and 2000 in their collection Municipal Council Archives. The Chinese University of Hong Kong Library, too, offers digitized archival records. In the Land Deeds Collection there are 160 land deeds and six volumes of fish-scale registers, from the mid-seventeenth to the twentieth century. In the Sheng Xuanhei Archive you will find digitized documents and transcriptions concerning a very influential merchant and politician (1844-1916) who initiated many projects. At Open Public Records of the UK National Archives this university gives you access to dozens of digitized documents from various series held at Kew. With the Elsie Tu Digital Collection (Hong Kong Baptist University) we come closer to this century. This collection contains speeches and publications of a scholar who followed closely political and legal developments in Hong Kong during the last quarter of the twentieth century. Her university presents also the HKBU Corpora, two linguistic corpora, the Corpus of Political Speeches (1789-2015) and The Chinese/English Political Interpreting Corpus (1997-2017), with in both corpora speeches from the USA, Hong Kong and China.

In Hong Kong some 7,5 million people live on an area of 1,100 square kilometer, which brings this city a rank lower than Macau but still very high in the list of most densely populated places of our planet. The British took over power in 1841, formally stabilized in the 1842 Treaty of Nanking. The extension of Hong Kong’s territory came about in 1898 with the treaty concerning the 99 year-period of British rule over Hong Kong. During the Second World War the Japanese army occupied Hong Kong. In 1997 British sovereignty was transferred to China, entering the current period of fifty years until 2047 as a special administrative region within China.

A look at Singapore’s history and its digital presence

Heading "Straits Settlements Gazette", 1890Government

Heading of the “Straits Settlements Gazette”, 1890 – image source: Books SG, http://eresources.nlb.gov.sg/printheritage/index.htm

With Singapore we go from China to the most southern point of the Malaysian peninsula, close to the Indonesian archipelago. The destruction of this town in 1613 is a clear break in its history. In 1819 a British trading post was established which gained in 1824 the status of a British colony. In 1824 an Anglo-Dutch treaty created a clear separation between Dutch and British territories in Malaysia and the islands of the Dutch East Indies. From 1826 onwards Singapore was a part of the Straits Settlements, governed from British India. From 1867 to 1942 Singapore was a Crown Colony. The harbor became in the twentieth century known for its facilities for the British fleet. Although it was deemed to be unassailable for enemies, the Japanese could take over Singapore in 1942 very quickly. After the Second World War a turbulent period followed from which Singapore eventually emerged in 1965 as an independent republic. Singapore has currently some 5,6 million inhabitants on a territory of 7,800 square kilometer leading to a ranking for population density between Macau and Hong Kong. One of the things I realized while looking at Singapore is the major role of Chinese people in its history.

When you look at digital libraries in South East Asia it is good to start perhaps with the Asean Digital Library, a portal hosted by the National Library Board, Singapore and founded by the Association of South East Asian Nations. For Singapore this digital library contains some 26,000 items. The National Library Board of Singapore presents digitized old books and manuscripts in several subcollections at Books SG. Among the books labelled Politics and government you will find a number of issues of the Straits Settlements government gazette. Among the digitized titles I would like to mention two recent guides, The rare materials collection : selections from the National Library Singapore (2017), readable online, and the volume 50 records from history : highlights from the National Archives of Singapore (2019), downloadable as a PDF (264 MB), with in the latter a number of important documents for Singapore’s legal history.

The NLB has also created a section Newspapers SG with some Malaysian newspapers. The educational portal Roots created by the National Heritage Board looks at Singapore’s history and cultural heritage since 1819. At Legal Heritage the Singapore Academy of Law brings you not a digital library, but a guide to Singapore’s legal history. Lee Su-Lin, a librarian at the National University of Singapore created with Historical sources of Singapore Law a guide to (digitized) materials for researching Singapore’s legal history. You can benefit also from the guide to Singapore Primary Sources by her colleague Nur Diyana. The National University of Singapore offers digitized historical maps of Singapore (from 1846 onwards), a HISGIS for Singapore and the Singapore Biographical Database dealing with Chinese personalities in Singapore’s history The NUS Libraries have a large section with digitized Chinese materials pertaining to Singapore, including historical newspapers. At Singapore Statutes Online you can find three constitutional documents and a few acts from the colonial period.

The holdings of archives, libraries, museums and galleries in Singapore can be searched conveniently using the One Search portal. Thus you can look at inventories of the National Archives of Singapore. At its digital portal Archives Online you can look for example at a section for government records with also parliamentary papers – and at the Straits Settlements Records (1826-1946), Overseas and Private Records. The Singapore Policy History Project of the NAS is also worth your attention.

Of course important collections relevant to the subjects of this post can be found elsewhere. In the Cambridge Digital Library you can find the collection Voices of civilian internment: WWII Singapore. Among digitized items of the vast collections of the Royal Commonwealth Society you find can some panoramic photographs of Hong Kong, Macau and Kanton (Guangzhou) made in the early twentieth century.

Three or four harbors?

When you look at old maps of Macau and Hong Kong the latter is often difficult to spot, but yet another harbor to the north in the Pearl River Delta is quite visible, Guangzhou, to the Western world long known as Canton. Guangzhou is situated some 145 kilometer north of Hong Kong. To mention just one characteristic about Guangzhou, Cantonese is one of the major forms of the Chinese language. Singapore and Guangzhou figure in the top ten of largest harbors of the world. It would have been interesting to look here also at Guangzhou, for example at the Guangzhou National Archives, but it is perhaps better to admit I spotted it rather late.

While preparing this post on the history of three Asian ports another thing became very visible for me. In the Human Development Index of the United Nations, a quite detailed overview with several sections, you will find in the main HDI list just behind the top on place 7 Hong Kong, and on place 9 Singapore. Macau is not included in the HDI, but it would rank around number 17. China currently figures at place 88 of the HDI main list. The three city states of this post simply belong to the richest countries and areas of our world. Two of these three ports hold a stable place among the world’s busiest harbors.

Inevitably there are some clear lacunae in my post. It would be most useful to know about digital versions of the historical gazette(s) for Hong Kong, not just for Macau and Singapore. I referred only briefly to the historical and current constitutions which can be swiftly found using one or more of the portals for constitutions worldwide. Incidentally, I have listed a dozen relevant portals for constitutions at the digital libraries page of my legal history portal Rechtshistorie, where you will also see the archives I mention here. The page for digital libraries brings you also to the major portals for official gazettes and treaties. I have not looked closely at the development of the legal systems in the three city states, but this calls for more space, time and knowledge – both of the legal systems involved and of Portuguese, Malay and Chinese! – to engage with them here in real depth and width. The selection of resources for their cultural and legal heritage shows at the very least the need to use multiple perspectives. Perhaps the largest deficit here is the lack of references to (legal) sources in and about China and its history, and the omission of a perspective from China. On my website I mention a number of digital libraries with Chinese books and also a number of archives in China, but I point only to a small number of resources on China’s legal history. Finding digital resources with digitized old books for Malaysia is an even greater challenge, but it is also advisable to turn to bibliographical research. The Asean Digital Library has digitized some 1,300 items from the National Library of Malaysia.

Whatever the outcome of the current conflicts in Hong Kong, it is surely influenced by the fact people live here literally packed on the shores of a thriving harbor and an important Asian economy. The people of Hong Kong are acutely aware of the legal, economical and political differences with China. These differences stand both for the success of Hong Kong and the challenges it faces. All over the world major towns have to deal with problems national governments find difficult to address. A number of cities worldwide cooperate in networks such as Metropolis and United Cities and Local Governments. The city states of this post stand out as not just remarkable legal cases for doing comparative law and comparative legal history, but as communities in densely inhabitated towns at pivotal points in the world economy and at the frontiers of major countries which have and show their own interests in them. The mixed legal systems of Hong Kong and Macau are a mixed blessing. All three towns in this post have a long history of great changes which will encourage them to face current problems, too.

200 years Monumenta Germaniae Historica, a story of editions, projects and scholars

Flyer "200 Jahre MGH-Editionen"Every year some subjects and themes are brought to your attention just because there is some jubilee or centenary. In the face of their sheer number I wisely do not venture to trouble you with all centennial or even bicentennial celebrations. For me the Monumenta Germaniae Historica are exceptional in many ways. In view of the scholarly impact on the field of medieval history, German and European history, and in particular many fields of legal history. A meeting in Frankfurt am Main on January 20, 1819 has had a very important influence on the shaping of history as a scholarly discipline taught at universities. The flow of editions produced in two centuries is one thing to marvel at, but the story of this institution is much richer. Some celebrations have already been held in January, but the last week of June 2019 has been chosen as the week with more events around this bicentenary. I will try to be as concise as possible, but the story of the MGH deserves space!

History, nationalism, Romanticism

Logo MGH, Munich

The start of the project we now know as the Monumenta Germaniae Historica happened in a particular time and place. Horst Fuhrmann analyzed concisely in his splendid book on the scholars of the MGH the start of this enterprise and much more, and I follow here his lead [Sind eben alles menschen gewesen. Gelehrtenleben im 19. und 20. Jahrhundert. Dargestellt am Beispiel der Monumenta Germaniae Historica und ihrer Mitarbeiter (Munich 1998; online, MGH (PDF))]. After the dissolution of the Holy Roman Empire in 1803, according to the late Peter Landau more important in Germany’s history than the reforms created by Napoleon, after the Napoleonic wars and the establishment of a new political order in Europe at the Congress of Vienna (1814-1815) there was time in Germany to look backwards. You would assume that a number of people influenced by Romanticism founded the Gesellschaft für ältere deuttsche Geschichtskunde. the society for the study of older German history, but Lorenz vom Stein (1757-1831) and his visitors were not the archetypical romantics. This lawyer and former Prussian minister met at Frankfurt am Main with four delegates of the Bundestag, the central organ of the Deutsche Bund (1815). Vom Stein was known for his proposals for reforming public law and administration. Instead of looking back at the past he wanted to work to rebuild and strengthen Germany as a nation. The project originally set out to publish a number of sources in a relatively short time span, maybe ten years. Vom Stein had been in contact with leading German romantics to ask for their opinion and support.

In the first years the project met with some approval but also with indifference, criticism and even derision. Metternich subjected the first volumes to censorship. One of the ironies was the fact a team of students was sent to Paris to copy medieval manuscripts, because they were more bountiful and better accessible in the French capital than in other major libraries. The German states did not want to put money into the MGH. An offer for funding the project came not from German politicians, but from the Russian tsar. Vom Stein politely declined and spend a lot of his own money. In 1820 an accompanying journal was started, the Archiv für ältere deutsche Geschichtskunde, the ancestor of the current Deutsches Archiv für Erforschung des Mittelalters. From 1823 onwards an archivist from Hannover, Georg Heinrich Pertz (1795-1876), led the small team around Vom Stein. He designed the division of the editions into five major series, the Scriptores for editions of works dealing with history, the Leges with legal resources, the Epistolae for letters, the Diplomata for charters, and the Antiquitates for other sources. Pertz stayed with the Monumenta for fifty years.

Fuhrmann, himself a former president of the MGH, was quite right in writing a story about scholars as people, ordinary mortals with great gifts and sometimes wilful personal characteristics. The strife between Pertz and Georg Waitz (1813-1886) was not only a matter of different visions of history and scholarly practices, an archivist developing on his own the historical-critical method to edit sources against a scholar trained by Ranke, but also a clash of two humans. Some projects stemming from the MGH belong to the Vorarbeiten, preliminary works such as the Regesta Imperii started by Johann Friedrich Böhmer who later on after quarrels with the MGH decided to edit a series Fontes rerum Germanicarum (4 vol., Stuttgart 1843-1868). Others, too, had their trouble with the MGH and started their own series. Philipp Jaffé edited after his break with Pertz the series Bibliotheca rerum Germanicarum (6 vol., Berlin 1864-1873). Thus the MGH delivered not only its editions, but set path-breaking examples of using the historical-critical method. It became a model for projects abroad by the very fact they initially stuck to just publishing sources, not scholarly monographs. Controversies about its role and aims led to other important scholarly projects in the field of medieval history.

A human history

With Philipp Jaffé (1819-1870) we encounter perhaps the most tragic of all Monumentisten. Jaffé had studied in Berlin, and without getting a Ph.D. he started his own projects. The first edition of his Regesta pontificum Romanorum, a work listing 11,000 papal acts and charters up to 1198, appeared in 1851. In these years he studied medicine in Berlin and Vienna, believing he had no chance to make a career as an historian being a Jew. However, Ranke considered Jaffé his very best student and made him the first ausserplanmässiger professor in all Germany. Between 1854 and 1862 he worked for the MGH. On the title pages of the six volumes of the Scriptores series Jaffé helped editing his name was not mentioned. In 1863 a feud developed between him and Pertz, who eventually wanted to deny him access to the Staatsbibliothek in Berlin. Jaffé started his own series with major source editions. He got estranged from his family, converted to Lutheranism, and in growing isolation he took his life in 1870, a fact that shocked the scholarly world.

It is impossible to follow here the MGH and its contributors through all its history, if only for the sheer number of scholars for which you can find photographs at the MGH website. Jews had indeed a great role for the published editions. In particular Harry Bresslau, the author of the Geschichte der Monumenta Germaniae Historica (Hannover 1921; reprint 1976; online, MGH) felt hurt under antisemitic attacks. During the period of the Third Reich Ernst Perels and Wilhelm Levison were among the targets of the Nazi regime. The MGH became a Reichsinstitut für ältere deutsche Geschichtskunde, but Nazi control was not total. In 1939 Levison could find a refuge in Durham. In 1944 the MGH had to leave Berlin for Pommersfelden near Bamberg. In 1949 the institute came to Munich where the MGH found in 1967 its current location in the main building of the Bayerische Staatsbibliothek. You can find the titles of the MGH’s own publications about its history on this web page.

The library collection of the MGH is now famous for its riches, but it was only after getting in 1907 the books of Ludwig Traube and in 1911 those of Oswald Holder-Egger a substantial library came into existence [see Norbert Martin, ‘Die Bibliothek der Monumenta Germaniae’Bibliotheksforum Bayern 19/3 (1991) 287-294]. One of the special qualities of the online catalogue is the presence of links to reviews of works in the Deutsches Archiv. Nowadays we may take dMGH, the digital MGH, for granted, but such projects are solely possible with financial means and other support by institutions as for example the Bayerische Staatsbibliothek and the Deutsche Forschungsgemeinschaft (DFG). The MGH have a legal status under public law as an institution for the Freistaat Bayern with subventions by other Bundesländer. I have been fortunate to work in 1997 and 1998 with the library staff of the MGH, and my fond memories of these days prompt me to write here, too. Apart from the vast collection with printed books on the history of medieval Europe the Virtueller Lesesaal offers a lot of books in several sections. Here I would like to single out the digital version of Paul Oskar Kristeller’s Latin manuscript books before 1600. A list of the printed catalogues and unpublished inventories of extant collections (4th edition, 1993; supplement, 2006; revised digital edition 2016). This indispensable guide has been revised and updated by Sigrid Krämer and Birgit Christine Arensmann.

A mighty enterprise

The time with just five massive series of editions is long ago, a mighty fleet of series has sailed into our century. The Monumenta Germaniae Historica in its printed form take many shelves in a library and make a mighty impression. In the early eighties the very stacks with the folio volumes of the MGH collapsed in the rather new library of the history department in Utrecht, luckily before opening hours. Apart from a library catalogue you might better use the yearly leaflet with an overview of the editions which duly was posted near these stacks. The Gesamtverzeichnis 2019 is also available online (PDF). In 1997 even the library of the MGH decided to catalog again all editions since 1826.

Legal historians will within the old series and the current program of edition projects first of all turn to the Leges and Diplomata series. In the Leges series there are currently projects for sources such as the Collectio Gaudenziana (Wolfgang Kaiser), the Collectio Walcausina (Charles Radding), a part of the Leges Langobardorum, capitularies, formulae, and even for the most intriguing and difficult corpus of Pseudo-Isidorian decretals, just one example of a project which cannot be seen properly without looking to other forged collections around it. More soberly it is also an example of a project running over many decades. If you remember Antonio Agustín’s reluctance in the late sixteenth century to pronounce a clear verdict, a forgery or genuine material, even though he was in the best position to do this, you will understand the courage of scholars such as Horst Fuhrmann, Schafer Williams, Klaus Zechiel-Eckes and now Eric Knibbs to proceed in their wake with finally producing a critical text edition. Among other projects in this series are editions of medieval councils, a new edition of Regino of Prüm, royal constitutions, the glosses to the Sachsenspiegel, and the Latin version of an other treatise on German law, the Schwabenspiegel. It is good to see here attention for several kinds of legal systems

The publications within the Diplomata series may seem more straightforward. The sheer mass of charters issued from the Carolingian period onwards is indeed much greater than one could calculate in the first half of the nineteenth century. Nowadays not only charters of kings and emperors are being edited, volumes for some princes have appeared, too, and also for the Latin kings of Jerusalem. For the charters of the emperors Henry V and Henry VI there is even a digital pre-edition online, for the latter only for German recipients. Dieter Hägemann and Jaap Kruisheer, assisted by Alfred Gawlik, edited the two volumes of Die Urkunden Heinrich Raspes und Wilhelms von Holland (2 vol., Wiesbaden 1989-2006) with the charters of the only Roman king from the Low Countries. It is also the only case in which a Dutch scholar worked on a volume published for the MGH.

As for the newer series it is sensible to look here at just three series. In the series MGH Hilfsmittel we find works such as Uwe Horst, Die Kanonessammlung Polycarpus des Gregor von S. Grisogono. Quellen und Tendenzen (Wiesbaden 1980), the Wortkonkordanz zum Decretum Gratiani, Timothy Reuter and Gabriel Silagi (eds.) (5 vol., Wiesbaden 1990), the monograph of Rudolf Pokorny and Hartmut Hoffmann, Das Dekret des Bischofs Burchard von Worms. Textstufen – Frühe Verbreitung – Vorlagen (Wiesbaden 1991), and the printed edition of Linda Fowler-Magerl, Clavis Canonum. Selected canon law collections before 1140 (2005). Her work is now available online in a database with a German and English interface. Danica Summerlin and Christoph Rolker have added new canonical collections to the database.

The series Schriften der Monumenta Germaniae Historica is one of the oldest series to supplement the original program. You can choose at will in this series for classic studies. I mention here for legal history Arno Borst, Die Katharer (Stuttgart 1953), Horst Fuhrmann, Einfluß und Verbreitung der pseudoisidorischen Fälschungen von ihrem Auftauchen bis in die neuere Zeit (3 vol., Stuttgart 1972-1974), the six volumes of the congress Fälschungen im Mittelalter (6 vol., Stuttgart 1988-1990), Harald Siems, Handel und Wucher im Spiegel frühmittelalterlicher Rechtsquellen (Stuttgart 1992), and Maike Huneke, Iurisprudentia romano-saxonica. Die Glosse zum Sachsenspiegel-Lehnrecht und die Anfänge deutscher Rechtswissenschaft (Wiesbaden 2014).

Within Studien und Texte, the third series which I like to mention, you will find indeed both source editions and monographs, such as Stephan Beulertz, Das Verbot der Laieninvestitur im Investiturstreit (Wiesbaden 1991), and Sascha Ragg, Ketzer und Recht. Die weltliche Ketzergesetzgebung des Hochmittelalters unter dem Einfluß des römischen und kanonischen Rechts (Wiesbaden 2006), the first of a number of recent volumes in this series with studies and editions concerning medieval inquisitions. For your convenience I refer to the page on medieval legal procedure of my legal history website where I have included these works.

Time to celebrate

Flyer Bock auf MittelalterIn its long and illustrious history the Monumenta Germaniae Historica had to deal with many crises and decisive moments. Think only of the 1880 fire in the house of Theodor Mommsen in Charlottenburg which destroyed working materials of the Monumenta, his personal library and some precious manuscripts in his custody! Remember the periods with a stifling political climate in the dark times of the Nazi regime. During the Second World War some materials were stored in a mine which was destroyed in 1945. Many projects suffered setbacks when editors failed to do their jobs properly, when death came too soon for experts dealing with most difficult matters, or clashes happened between scholars. The presidents and the Zentraldirektion have to steer between many rocks. Sometimes the presence of particular scholars is most helpful. From my own period I cherish the memory of Reinhard Elze, former director of the Deutsches Historisches Institut in Rome, who walked each day from his home to the MGH in the Ludwigstrasse. I think his steady rhythm and kind presence helped everyone in a way to stay focused and open to people and ways to solve problems of any kind. The funny poster makes me remember the way Horst Fuhrmann could make jokes and show his happiness.

The program for the jubilee contained events in Berlin and Vienna in January, the festivities of last week in Munich, and a symposium to be held at the DHI in Rome on November 28-29, 2019 on “Das Reichsinstitut für ältere deutsche Geschichtskunde 1935 bis 1945 – ein “Kriegsbeitrag der Geisteswissenschaften”? [The research institute of the Reich for the study of older German history, 1935-1945. A war contribution of the humanities?]. The DHI and the MGH were forced to merge in 1935. What impact did the control of the Reich have, and not only for substantially widening the budget? On June 28 a discussion panel rightly stressed the international character of the MGH has today. In 1947 the MGH for the first time elected corresponding fellows, then and ever since from abroad. The flyer for this event shows a list with more than fifty scholars from Europe, the USA and Japan. The main scholarly meeting on June 28 and 29 dealt with the theme Quellenforschung im 21. Jahrhundert [Research on sources in the 21st century].

What laurels does the MGH need? The founders put a crown of oak leafs around the motto in Latin which defies translation, but inspiration and labor of love is the very heart, not only the forests of medieval Germany. Using the older volumes with the introductions in Latin, slowing down your reading speed to digest the wealth of information in the double apparatus of the annotation, checking the Deutsches Archiv for thorough articles, concise information about new works, and the yearly messages of the Zentraldirektion on the progress of editions in preparation, looking at the website for new books in the holdings of the MGH which you might want to use yourself, too, you realize the contributors to the MGH put all their talents into helping to create sure foundations for research, Grundlagenforschung. They challenge you to do your own tasks in a similar dedicated way. Let’s hope the staff and fellows of the MGH can continue to work for the community of scholars in the fields of medieval law and history!

 

Ordinances and the book trade of the Dutch Republic

Some periods in history pose the problem of being too familiar. The Roman Republic, the Italian Renaissance, the Dutch Republic, the French Revolution and the Second World War are among the obvious examples. Sometimes scholars proclaim they can offer radical new interpretations of a period and its major developments, but often their studies reach this goal only to a limited extent. In this post I will look at a book focusing on one particular trade in the Dutch Republic. The authors make a fine case to put the book trade and the role of printed works at the very heart of the Dutch Golden Age, the seventeenth century. Andrew Pettegree and Arthur der Weduwen studied in The bookshop of the world. Making and trading books in the Dutch Golden Age (New Haven, CT, 2019) not only the beautifully produced books now found in libraries, but also ephemeral prints, such as pamphlets and ordinances, which were less likely to survive. Pettegree and Der Weduwen visited numerous libraries and archives to trace these sources, and they point to resources showing traces of books now lost. Their work touches directly on Dutch legal history, enough reason to create space here for their stimulating study.

Ongoing research

Logo STCN

In March Pettegree and Der Weduwen, both working at the University of St. Andrews in the team for the Universal Short Title Catalogue (USTC), visited the Netherlands. Apart from giving lectures and doing research in a number of archives and libraries, they acted as keynote speakers at an afternoon session on March 28, 2019 about the Dutch Short Title Catalogue Netherlands (STCN) held at the Royal Library in The Hague. The STCN set standards for a high-level description of Early Modern printed works, putting the lessons of analytical bibliography into practice. Initially newspapers, broadsheets and pamphlets were excluded from the STCN, and also in particular academic dissertations. The USTC started as a bibliography for books printed in France during the sixteenth century, but it has opened its nets for all printed works from incunables up to the year 1700.

In The bookshop of the world the authors advance well beyond the commonly held view of the Dutch Republic as a country with Europe’s most active and most respected printers catering for the whole world. Their research into printed works which in a number of cases survive in unique copies leads them to the assertion books formed only one-quarter of the printed works in the Dutch Republic. Newspapers, pamphlets, ordinances and foremost very ordinary simple books for daily use take the lion’s share of the production and trade in printed works, and more than that, these works provided printers and publishers with regular work and stable profits.

Pettegree and Der Weduwen bring this new book and its bold claims as a synthesis of a number of studies they published in the last ten years. A number of volumes with essays edited and co-edited by Pettegree function as substantial building blocks, for example Broadsheets : single-sheet publishing in the first age of print (Leiden 2017) and with Flavia Bruni Lost books. Reconstructing the print world of pre-industrial Europe (Leiden 2016), the last volume also available online in open access. Earlier Pettegree published with Malcolm Walsby the bibliography Netherlandish books : books published in the Low Countries and Dutch books published abroad before 1601 (2 vol., Leiden 2011). Der Weduwen is known for his study Dutch and Flemish newspapers of the Seventeenth Century, 1618-1700 (2 vol., Leiden 2017). It is hardly conceivable how a similar synthesis could be written without detailed studies on these subjects. Among Pettegree’s other books I must at least mention The book in the Renaissance (2010) and The invention of news. How the world came to know about itself (2015). The idea for the book about Dutch books can remind you also of a collection of his own articles Pettegree published in 2007, The French book and the European book world.

The main sources to support the claims of Pettegree and Der Weduwen are themselves products of the vibrant Dutch book trade. In the late sixteenth century Dutch book traders independently created book auctions, accompanied by auction catalogues, as a new phenomenon of the European book trade. Dutch publishers early on included advertisements in the newspapers they printed, including announcements of new books and book auctions. Some very popular books were reprinted almost every year. However, in some cases we know about them only because they figure in an auction catalogue which mentions one or two editions or in the stock catalogues some publishers issued, yet another new medium. Pettegree and Der Weduwen realized how city councils paid for ordinances printed as broadsheets to be fixed at public buildings, thus offering to printers a reliable source of income. Almanacs, prayer books and catechisms, other religious works and all kinds of manuals may not have survived the centuries in large numbers, but these often small-sized works helped printers and publishers to survive. Printing a too large or a too small number of copies of a work catering for a more educated public might well ruin a firm or hamper its functioning for many years. Some inventories exist which show the large number of unsold books and paper stocks with many thousand sheets in the shops of printers who went bankrupt. Such numbers of sheets allow for extrapolating the annual number of books printed in the Dutch Republic. I do not want to spoil your reading with the actual number offered by the two authors!

An archival turn

The bookshop of the world is a fascinating book, not only for its views on the Dutch book trade, but even more for its vision of the Dutch Republic in which printed works formed a key element in communication. While reading the explanations of political developments and events in the seventeenth century time and again I marvelled at the natural way they underlined the important role of printed works. I even started wondering if this had been presented ever before in such a convincing way, yet based on painstaking and often daring research.

At Het Utrechts Archief a project for the description of some 5,000 Early Modern ordinances issued by the city of Utrecht and the States of the province Utrecht was finished in December 2017. It is more sensible to search for ordinances in archives, but as long scholars researching the Early Modern print world focused on books they first and foremost visit libraries. Archives would more readily make efforts to create finding aids for archival collection than spend money, time and expertise on describing pamphlets and ordinances. Not only ordinances were printed separately, resolutions of the Staten-Generaal and other States appeared thus in print. Last year the Huygens Institute / Institute for Dutch History in Amsterdam started the project REPUBLIC to digitize all early Modern resolutions of the Staten-Generaal. In 2018 Annemiek Romein (Erasmus Universiteit Rotterdam and Universiteit Gent) started blogging at Bona Politia about her project to create better access to Dutch legislation in all its forms during the Early Modern period.

Logo Trinity College Dublin

Pettegree and Der Weduwen did visit numerous archives and libraries all over Europe searching for copies of known printed works and copies of unrecorded editions, and they will continue to pursue the path of personal inspection. It is difficult to highlight any institution with unexpectedly rich Dutch collections, but I think legal historians will want to know about the Fagel Collection held at the library of Trinity College Dublin. In 1802 this library succeeded in buying en bloc the library of Hendrik Fagel (1765-1838). Fagel, the last of an illustrious line of griffiers, heads of the chancery of the Staten-Generaal, had to sell his voluminous private library built by him and his ancestors since the 1670s. Whether you look at his books, the ordinances, the pamphlet collection or the maps the riches are astonishing. At least 500 pamphlets in Dublin are not recorded anywhere else. The volume edited by Timothy R. Jackson, Frozen in Time: the Fagel Collection in the Library of Trinity College Dublin (Dublin, 2016) can tell you more about this private library, and the generous bibliography on the website of the Fagel Collection offers you still more.

Some reflections

At the meeting around the Short Title Catalogue Netherlands in March both the staff of the STCN and the USTC emphatically encouraged people to send their thoughts and comments about these database directly to them by email. I cannot and will not hide my enthusiasm about The bookshop of the world which rightly has been published also in a Dutch translation {De boekhandel van de wereld. Drukkers, boekverkopers en lezers in de Gouden Eeuw (Amsterdam 2019)], but of course it is possible to make some remarks. There is a clear need to be aware of the different qualities of the STCN and the USTC. Pettegree and Der Weduwen applaud the high standards of the descriptions in the STCN. Such information makes it possible to distinguish clearly between editions, editions with only a changed title page and new editions. In this sense the USTC and comparable catalogues need the power and skills of analytical bibliography. In its turn the USTC has started to become a truly universal catalogue for printed work published in Europe between the start of printing in the mid-fifteenth century and the year 1700. The original cores of the USTC are the two bibliographies of sixteenth-century French editions, French vernacular books : books published in the French language before 1601, Andrew Pettegree, Malcom Walsby and Alexander Wilkinson (eds.) (2 vol., Leiden, etc., 2007) and Books published in France before 1601 in Latin and languages other than French, Andrew Pettegree and Malcom Walsby (ed.) (2 vol., Leiden, etc., 2012). USTC casts its nets now considerably wider, but this would be unthinkable without such large-scale bibliographies produced over the years.

Logo STCV

At the meeting in March Steven Van Impe (Hendrik Conscience Erfgoedbibliotheek, Antwerp) told his public about the way the Short Title Catalogue Vlaanderen (STCV) is not just the Flemish counterpart of the STCN, not just a little sister doing a sister act, as he put it. From the start the STCV did not only include books, but also newspapers, broadsides and pamphlets. This was simply more feasible for the STCV because even now the total number of entries is after twenty years just below 50,000, whereas the STCN has a total content of closely to half a million works. The STCV publishes an online version of its manual for book description, and there is a yearly series of four seminars with each time fifteen participants willing to become bibliographers of Early Modern printed works. Thus the STCV team trains both scholars and staff members of institutions with relevant holdings in contributing to the STCV. In my view this training program is exemplary.

Among other things to note is the fact Dutch ordinances in the Early Modern period were printed from 1600 onwards which makes it much easier to read them. The excuse of not being able to read such legal resources is simply wrong. For such printed works it is now increasingly possible not to plod in a library through unwieldy printed volumes which sometimes lack sufficient indices or offer only a selection of ordinances. Instead it is wiser to go to an archive, ask for their copy of a publication with Early Modern ordinances and use their library to find editions of individual printed ordinances. You will appreciate the difference between reading an often much later edition of an ordinance, and handling the original edition, sometimes even in either a broadside or pamphlet format. You might imagine yourself listening to the city crier announcing the latest rulings, hearing them read by the vicar in your village church after the Sunday service or pushing with your elbows to get in front of the newest ordinances posted at the city hall or elsewhere in town.

A book with nearly everything?

Only when I had almost finished reading The bookshop of the world I noticed some omissions. The first concerns our knowledge about the books and book collections of women. The authors have not encountered any auction catalogue or other sources showing a woman’s book collection. It is possible to point to at least some catalogues pertaining to books held by Anna Maria van Schurman (1607-1678), the first female student at Utrecht University who became a polyglot author corresponding with many scholars. In Utrecht she lived for many years literally next door to theologian Gisbert Voetius, well known for his opposition to Descartes. PIeta van Beek succeeded with support from Joris Bürmann in her study ‘Ex libris’. De bibliotheek van Anna Maria van Schurman en de catalogi van de Labadistenbibliotheek (Ridderkerk 2016) in tracing six catalogues concerning her books and the collection of the Labadist sect she had joined in 1669. Van Beek edited the texts of the catalogues and even added images of two catalogues. The library of The Grolier Club in New York owns five of these very rare catalogues. Van Beek suggests when Anna Maria van Schurman left Utrecht in 1669 for Amsterdam to follow Jean de Labadie she probably asked a theology student to get her books auctioned under his name [Catalogus variorum & insignium librorum praecipue theologorum D. Aemilii à Cuylenburg (…) (Utrecht 1669; copy Wolfenbüttel, Herzog August Bibliothek)]. Two auctions with books from the Labadists took place at Altona, and thus they can escape scholarly attention when you search only within the Dutch Republic. It is perhaps useful to note here you can search freely even without licensed access to Book Sales Catalogue Online. You can even see some images of the books you find. This exceptional case confirms in particular how you must cast your nets as widely as possible to ascertain facts about Dutch book printing and ownership.

The second omission I noticed touches on the publication of legal works. In chapter 12 concerning the printed publications of people trained at university level theology and medicine get more attention than jurisprudence. Pettegree and Der Weduwen flatly state legal works in print were mostly imported from abroad, which is basically a correct statement for works in Latin, and that only few Dutch lawyers published their works in the Netherlands. Here it seems the authors did not notice for example the series Bibliografie van hoogleraren in de rechten (…) concerning the works published by professors of jurisprudence at a particular Dutch university, for which you can even find two volumes online (PDF), 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) and Bibliografie van hoogleraren in de rechten aan de Utrechtse Universiteit tot 1811, edited by Margreet Ahsmann, Robert Feenstra and Corjo Jansen (Amsterdam, etc., 1993). They could have used also Douglas Osler’s Catalogue of books printed in Spain, Portugal and the Southern and Northern Netherlands from the beginning of printing to 1800 in the library of the Max-Planck-Institut für Europäische Rechtsgeschichte (Frankfurt am Main 2000).

Title page of Willem van Alphen, “Papegay ofte Formulier-boeck van alderhande requesten (…)”, 1642 – copy Ghent, University Library

You can search for the works of Dutch legal authors of the seventeenth century in the STCN such as Paulus Voet, his son Johannes Voet, Arnoldus Vinnius, Antonius Matthaeus II and III, and others, and make up your mind about their presence. Surely it makes sense to distinguish between works on Roman and natural law, and publications about Dutch law, both in fact these authors often published about both subjects. Pettegree and Der Weduwen are right to look in this study in particular for the more popular works that were less likely to survive in libraries. Recently I looked at the models for legal actions at court compiled by Willem van Alphen, secretary of the Hof van Holland in The Hague, in his Papegay ofte formulier-boeck van allerhande requesten (…) (first edition The Hague: for J. Verhoeve, 1642; online, Ghent University), a book reprinted four times during the seventeenth century. In 2017 I have written here about the books written by Simon van Leeuwen, not a university professor. The STCN currently has some 4,560 titles from the seventeenth century with the subject code Law, and this figure should be viewed in the light of its overall total of printed works.

Let these remarks not stop you from benefiting from an important and most readable study! Some attention to legal books serving the needs of the ordinary notary or barrister would have completed Pettegree’s and Der Weduwen’s most readable and convincing vision of the Dutch Republic as a country with an explosion of printed works exerting influence at any level, and some major innovations in the world of books. Law and jurisprudence were part and parcel of this society which thrived on communication in print.

A postscript

On December 5-6, 2019 a conference will be held in Liège on Printing and disseminating the Law in the Habsburg Netherlands, the Dutch Republic and the Prince-Bishopric of Liege in the Early Modern period (16th-18th century). The call for papers is out, with as deadline June 30, 2019. You can send your proposals to Renaud Adam and Nicholas Simon.