Tag Archives: Political history

The long years of the Council of Konstanz

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

Five long years

Logo Konstanz Konzilstadt

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

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

Cover facsimile edition of Richtental's chronicle

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

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

Acts and decrees

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

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

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

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

A postscript

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

 

Advertisements

Opening a book: Simon van Leeuwen and Dutch history

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

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

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

A prolific writer

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

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

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

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

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

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

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

Holland’s history brought to higher levels

Frontispice of Batavia Illustrata, 1685

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

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

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

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

A postscript

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

Dutch historical newspapers in digital context

Screenprint Delpher-Externe krantenbanken

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

The riches of Delpher

Logo Delpher

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

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

Logo Staten-Generaal digitaal

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

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

A postscript

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

Laws under the double eagle of the Habsburg empire

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

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

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

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

Starting in Vienna…

Logo ALEX, ONB, Vienna

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

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

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

…. and going to Budapest

Logo Hungaricana portal

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

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

Header DTT - screenprint

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

Header Visegrad Digital Palriamentary Library

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

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

Preserving presidential lives and legacies

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

Banner National Archives

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

A short tour of presidential libraries

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

Logo Hoover Institution

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

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

Banner Situation Room

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

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

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

Logo Library of Congress

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

Looking at Cuba’s legal history

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

Law and justice in Cuba

Header dLOC

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

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

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

Header Civil Code (1800-1923) - FIU Law

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

Latin American perspectives

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

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

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

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

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

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

A postscript

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

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

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

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

Love and natural law

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

Love is the word

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

Portrait of J.G. Heineccius

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

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

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

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

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

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

A Frisian connection

Banner Franeker Universiteit

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

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

Heineccius in context

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

Banner IZEA, Halle

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

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

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