Tag Archives: Public law

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 digitizwed 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.

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.

Streams of life and strife: Water as a legal matter in Roman law

Banner Roman Water Law

After six months I should finally fulfill my promise to honor here at least once a year the role of Roman law. You might almost call it the mother of all legal history! Luckily I found a subject in Roman law close to current interests. Water as a vital element of life was not absent in Roman law. Its presence is in fact manifold. The project Roman Water Law at the Freie Universität and the Humboldt Universität in Berlin helps to look at regulations concerning water and its uses according to an interesting scheme. Legal attention to water has a very long history.

A Roman look at water

The project Roman Water Law has found space on the Topoi platform which stands out for its distinctive graphic design. Topoi currently contains nearly twenty research collections and smaller projects on a variety of themes. Actually the website for Roman water law is the fruit of two research programs of the Berlin Exzellenzcluster Topoi held between 2012 and 2017, “Water from a legal perspective” and “Infrastructures from judicial, gromatic and political perspectives”. The core of the virtual collection is a combination of legal sources found in the Corpus Iuris Civilis, three individual leges (laws) and the Codex Theosodianus with texts from Roman authors who touched the subject of water. The results are 572 entries with a Latin text and English translation to which one of ten newly defined categories have been assigned.

Table IX of the Lex Irnitana

Table IX of the Lex Irnitana – Museo Arqueológico de Sevilla – image: Red Digital de Colecciones de Museos de España, http://ceres.mcu.es

The harvest for Roman laws in the technical sense, leges approved by the senate of the Republic, may seem meagre with just three laws. However, one of them, the Lex Flavia Irnitana from AD 91, was only found in 1981. The fragments of six out of originally ten bronze tables are now held at the Museo Arqueológico in Seville {Hispania Epigraphica, no. 5058). This law, dated around 91 BC, is the most complete surviving example of a Lex Flavia, a municipal law. Chapter 82 of the Lex Irnitana deals with drainage and creating and changing roads, paths, canals and sewers, for which only the duumviri, a pair of magistrates elected for one year, are authorized if there is a municipal decree for their actions.

When you look at the overview of the 572 entries you can use first of all several filters. Thus you will quickly see that legal texts form the majority of the texts, only 73 items stem from Roman literature. Within the corpus of legal text the Digesta rule supreme with 435 entries. Among the sources from literature are 22 entries from Frontinus. Cicero provides only six entries. Texts found in the Corpus agrimensorum have been cited and translated using the work of Brian Campbell, The writings of the Roman land surveyors. Introduction, translation and commentary (London 2000). It is no surprise to find Okko Behrends as one of the scholars involved with the Topoi project. He edited and translated with Luigi Capogrossi Colognesi for example the volumes on Frontinus and Hyginus in the Corpus agrimensorum romanorum [vol. 4 (1998) and 5 (2000)]. You can also filter by keyword. Some forty Latin terms are given for this purpose. An entry can have multiple keywords. You can choose to open the entries for just one keyword or add entries for other keywords or subjects as well.

The core of the project are the classifications added to each entry. There are ten main types of classes, starting with definitions (44), followed by

Right to use water
Constructions to use water – Process of construction and maintenance
Legal protection of water use
Urban praedial servitudes of water
Regulation of damages and prevention of damage caused by water
Consequences of changes caused by water
Water as a route of transport
Water as a border
Buildings at banks, coasts and beaches

Under the heading Urban praedial servitudes five texts are included concerning stilicidium, the right to discharge eavesdrip (drops of rain) and the legal actions available in case of flooding (flumen). I could not help noticing that seemingly the keyword flumen has been added to the three texts for stilicidium, and that in one of the two texts for flumen the action concerning aqua pluvia is also mentioned, but not entered as a keyword. Adding the right keywords is certainly not straightforward. I looked also at the twelve texts in rubric 7.4, Storms and natural disaster, a subspecies of changes caused by water. The clear distinctions, the crisp style and the concise descriptions of standard situations should provide food for thought for any modern lawyer struggling with legal problems and trying to write about them in a most sensible and understandable way. In Roman eyes the actual situation in a particular legal case had to be faced squarely in order to provide a just solution. Last year someone asked me about Roman law and plumbing. I can reassure my acquaintance Roman lawyers said some very constructive things about plumbeae fistulae.

It is possible to download the database of Roman Water Law, created in the special Citable format created for digital humanities. It would have been more elegant to indicate the kind of tool to open it. On a tablet I could open it directly, otherwise you can use a simple text or code editor.

The variety at Topoi

Cover Becking, "Water management in ancient civilizations"

The Topoi project does not only bring digital results. Exhibitions are held and publications appear in print, too, for example the volume edited by Jonas Becking on Water management in ancient civilizations (Berlin 2018). An earlier publication touches the theme of Roman land surveying, Cosima Möller and Eberhard Knobloch (eds.), In den Gefilden der römischen Feldmesser. Juristische, wissenschaftsgeschichtliche, historische und sprachliche Aspekte (Berlin-Boston 2013). There is also an e-Topoi Journal for Ancient Studies available in open access. Received wisdom forbids me to create in this post also a nutshell guide to other relevant institutions in Berlin for the field of ancient studies. Just looking at the Topoi repository is a treat. You can look for example at ancient cylinder seals in 3D, astronomical diaries in cuneiform inscriptions from Babylonia, a digital representation of the Pantheon, and the Inscriptiones Christianae Graecae. The Topoi cluster itself has many connections. With the Berliner Antike-Kolleg I mention an institution which has close connections to Topoi.

I leave it to you to explore yourself more texts included at Roman Water Law. Many uses of water come into view on the website and in the database. One of the few things missing are baths, but here we clearly enter the summertime of the northern hemisphere. Roman lawyers did discuss them, too! If you want to pursue such themes in Roman law I would like to point here again to Amanuensis, the application for searching Roman legal texts created by Peter Riedlberger and Günther Rosenbaum, downloadable for both computers and smartphones. In an earlier post I introduced the app. It is good to know more texts have been included in it recently (version 4.0). Thanks to Ingo Maier a number of constitutions from Late Antiquity and the Latin Novellae of Justinian have been added, and thanks to Job Spruit also the Justinian Novellae in Greek. Hopefully the summer holidays give you a chance to relax and reload, and also to learn about and upload the latest version of such tools.

 

Editing medieval royal laws from Spain

The start screen of 7 Partidas Digital

Last month I wanted to refresh my blogroll. Among the additions one blog stands out because its name does not start with a letter, but with a number, and it appears now as the very first item of the blogroll, reason enough for further exploration. It is a project for a new edition of laws created by a king with perhaps the best reputation of all medieval kings, at least in modern perception. Alfonso el Sabio, or Alfonso X of Castile, king Alphonso the Wise, wrote the songs of the Cantigas de Santa Maria, and he created a famous law collection, the Siete Partidas (Seven Parts). For a new critical edition of this collection the Spanish team of editors have created the blog 7 Partidas Digital: Edición critica de las Siete Partidas, hosted by the Hypotheses network. In this post I will look at this project and I will try to provide some context for it.

Studying medieval laws

Royal legislation in the Middle Ages is not easy to bring under one common denominator. Scholars such as Sten Gagnér (1921-2000) have helped us much to see legislation in new light, in particular in his Studien zur Ideengeschichte der Gesetzgebung (Stockholm, etc., 1960). Armin Wolf focuses in his research on medieval legislation, in particular in Gesetzgebung in Europa 1100–1500: Zur Entstehung der Territorialstaaten (2nd edition, Munich 1996), and like Gagnér he has written about a great variety of laws and lawgivers, including Alfonso el Sabio (1221-1284). In 2002 the Max-Planck-Institut for European Legal History in Frankfurt am Main could acquire the vast library of Gagnér. Michael Stolleis, for many years the director of this institute and a scholar trained by Gagnér, wrote a moving and most instructive tribute to Gagnér [‘Sten Gagnér (1921-2000), ein großer Lehrer der europäischen Rechtsgeschichte’, Quaderni Fiorentini 29 (2000) 560-569; PDF]. For many years Wolf, too, worked for and at this institute. His fundamental book about medieval legislation first appeared in a volume of Helmut Coing’s Handbuch der europäischen Privatrechtsgeschichte. It is by all means wise to benefit here, too, from the rich resources of this Max-Planck-Institut, starting perhaps with the online catalogue of its library.

Let’s start a tour of the blog 7Partidas Digital, a project at the Universidad de Valladolid. There have been two major adaptations of this legal collection, in the incunabula edition of 1491 (Alonso Díaz de Montalvo) and the edition published in 1555 (Gregorio López), and a semi-official edition in 1807 by the Real Academia de la Historia, but not yet a critical edition. The aim of the project is to bring together all textual sources and present them online, to create an online critical edition and to provide a up-to-date bibliography of relevant scholarship in a Zotero group. The bibliography takes as its starting point the study of Jerry Craddock, The legislative work of Alfonso X. A critical bibliography (London 1986; 2nd edition, 2011). You can consult the 1986-1990 update of Craddock’s bibliography online (eScholarship, University of California). Already the fact that Craddock could adduce manuscripts not earlier included and comment on them should make you aware of the complicated textual tradition of the Siete Partidas and other Alphonsine laws. By the way, Robert Burns added an introduction to the reprint of the English translation of the Siete Partidas by S.P. Scott (first edition 1931; reprint 5 vol., Philadelphia, 2001, 2012).

Logo 7PartidasDigital

The core of the project is the online edition hosted at GitHub which is being created using XML / TEI. TEI stands for Text Encoding Initiative, one of the major metadata standards in creating digital text editions. As for now the project has resulted in editions of some textual witnesses kept at Valladolid. The Siete Partidas is a rather large legal code. The section Léxico explains the incunabula edition in 1491 contains 772,000 words. The first part (Primera partida a.k.a. Libro de los leyes) in one particular manuscript (London, British Library, Add. 20787, sigle LBL) good for more than 165,000 words. The image of a kind of Spanish armada, a fleet with an outsize flagship and many minor vessels around it, is probably a fair description. The project will create a special dictionary for the Siete Partidas, of which the letter Z, the only one already publishedgives you an idea.

The section Testimonios gives you a general overview of relevant manuscripts and their contents, mainly as noted in the Philobiblon project for Iberian medieval manuscripts (Bancroft Library, University of California at Berkeley), and for a number of them – including LBL mentioned above – extensive descriptions. One of the scholars helping to track down manuscripts with laws issued by Alfonso el Sabio was the late Antonio García y García. A further asset on this web page is an interactive map showing where institutions have relevant manuscripts within their collections. An essential element in this project are the Normas de codificación, the rules for the encoding of the text and the critical apparatus in the XML / TEI pages, and additional guidelines for the transcription of the legal texts.

Access to Alfonso’s laws

Banner BDH

By now you might think all this information does not yet bring you directly to the texts associated with king Alfonso el Sabio, but you could as well admit that some preparation is needed indeed to approach them. I had expected to find here both images of manuscripts and an edition on your computer screen, and therefore I would like to provide you at least with some information about the most important printed editions. A text of the Sieta Partidas was printed twice in 1491 [Las siete partidas de Alfonso X el Sabio, con las adiciones de Alfonso Díaz de Montalvo (Seville: Meinardus Ungut and Stanislaus Polonus, 25 October 1491; GW M42026, online for example in the Biblioteca Digital Hispánica)], and two months later again with the same title [(Seville: Compañeros alemanes, 24 December 1491) GW M42028, online in the Biblioteca Virtual del Patrimonio Bibliográfico (BVPB)]. The Gesamtkatolog der Wiegendrucke (GW) (Staatsbibliothek zu Berlin) and the Incunabula Short Title Catalogue (British Library and CERL) show you concise bibliographical information and lists with extant copies worldwide, for both editions rather short lists. The edition by Gregorio de López de Tovar appeared in 1555 and can be viewed online in the BVPB [Las Siete Partidas del Sabio Rey don Alonso el nono (…) (Salamanca: Andrea de Portonariis, 1555)].

The Biblioteca Digital Hispánica brings you not only a number of old reprints, some of them enhanced with useful registers, but also a number of digitized manuscripts. It contains also a digital version of the edition published by the Real Academia de la Historia (Las Siete Partidas del Rey Don Alfonso el Sabio cotejada con varios códices antiguos (…) (Madrid 1807)]. The Hispanic Seminary provides you in its Digital Library of Old Spanish texts in the section for Spanish legal texts with a transcription of the Primera Partida in the 1491 edition. You can find more editions and books about the Siete Partidas in the Catálogo Colectivo del Patrimonio Bibliográfico Español, and for example in the Bibliografía Española en Línea, a service of the Biblioteca Nacional de España, and more specifically in the Repertorio del Medievalismo Hispánico (Institución Milà y Fontanals, Barcelona).

In the midst of all these elements I would almost forget to mention the blog posts of Siete Partidas Digital, to be found under Entradas. The most recent contribution in this second is a full-scale article by José Domingues (Porto) about the Portuguese version of the Siete Partidas and its manuscript tradition (A Tradição Medieval das Sete Partidas em Portugal). The first blog post alerts to the 2015 revised online version of Dwayne E. Carpenter, Alfonso X and the Jews: An Edition of and Commentary on Siete Partidas 7.24 «De los judios» (thesis, University of California, 1986), and to new textual witnesses found in the Archivo de la Real Chancillería de Valladolid, referred to in the edition with the sigle VA4, but alas the links to the finding aid with these archival records and to the article describing them are broken. However, here the project in Valladolid scores with its section on text bearers: The page on VA4 gives you full information, but here, too, you have to reckon with links to Spanish archival records which stem from expired web sessions. You will have to repeat yourself each consecutive step of the search at the rich but cumbersome navigable PARES portal, the digital home to both online inventories and many digitized archival records in Spanish state archives. You will find a quick introduction to Alfonso el Sabio and the texts concerning the legal status of religious minorities in the Siete Partidas in the database of the RELMIN project around the position of these minorities in the medieval Mediterranean, with also some references to basic modern literature, and for each of the relevant texts a translation, an analysis and references to further studies. RELMIN provides you with sometimes both English and French translations.

Normally I would feel rather exhausted, or to be honest definitely feel irritated, to say the least, about such a sorry state of affairs, the combination of a broken link and arduous recovering information using the PARES portal, but this time I can appreciate very much one of the things Sten Gagnér taught his students, not only in his lectures and seminars, but foremost by his own example. At the end of this post I really want to mention something Michael Stolleis made crystal clear in his tribute to Gagnér. He wanted his students to see things for himself in sources, to trace back and check the steps others had set, be they the pioneers and leaders in the various fields of legal history or more average scholars, to see the very words in the sources they found, to assess the meaning and context of words anew. Studying legislation in past and present in all its forms should be an exercise in good thinking, not a slipshod affair, as if you only have to dip your spoon in an ocean of sources. No school, department or faculty can provide you completely with his kind of training, because here your own intellectual honesty and drive to become and be a true historian should work for all you are worth, for all things and people you value most.

A postscript

After the things I said about the PARES portal I must do justice to the riches of this portal by referring to the wonderful online guide by Scott Cave and Ashleigh Dean, aptly called Taming PARES. Their guide really unlocks this treasure trove!

The Casa Velasquez in Madrid will host from November 2 to 4, 2017 the conference Las Siete Partidas: une codification nomrative pour un nouveau monde.

A digital approach to Roman lawgiving

Sometimes you can happily live with the impression that all Roman laws are to be found within the pages of the Corpus Iuris Civilis, the mighty collection with the Justinian Digest, his Institutiones, Codex and the Novellae. For older Roman laws the Fontes Iuris Romani Anteiustianiani (FIRA) contain everything you would want to look at. The invaluable Amanuensis tool discussed here in 2015, enables you to find Roman laws quickly on your computer and even on your mobile phone. Dutch readers can boast the completion of a modern translation of the Corpus Iuris Civilis into Dutch, noticed here with some relish. Much of FIRA is accessible in Dutch, too, thanks to Job Spruit and Karel Bongenaar in their bilingual edition Het erfdeel van de klassieke Romeinse juristen (4 vol., Zutphen 1982-1987).

Logo Anhima at the LEPOR website, Telma/CNRS

By chance I encountered already in the first week of 2017 a project which dispels the illusion that every Roman law is present in these volumes. Leges Populi Romani (LEPOR) is a database, the fruit of a project started by Paula Botteri, Jean-Louis Ferrary and Philippe Moreau. Eventually the universities Paris-I (Panthéon-Sorbonne), Paris 7 (Diderot), the École Pratique des Hautes Études, the EHESS and CNRS partnered to launch LEPOR at the Telma portal with online databases for research in the humanities, or more exactly the digital treatment of manuscripts and archival records, because Telma is the abbreviation of Traitement électronique des manuscrits et archives. I use here the logo of ANHIMA, the research unit for Anthropologie et Histoire des Mondes Antiques. It might be useful to give some guidance to a project which has only an interface in French. Starting with a subject in Roman law makes me feel I start this year in a way that is true to the training of European legal historians.

A new approach

Logo Telma (CNRS)

At this moment you cannot yet find at the Telma portal the direct link to the Leges Populi Romani database. The project is clearly in the process of becoming an integral part of this platform where scholars of Classical Antiquity could already use the Callythea database, a repertory of Greek mythological poetry from the Hellenistic period. An Ethiopian Manuscript Archive documenting the history of Coptic Christians in Ethiopia is also to be launched this year. The Telma platform has a number of databases for medieval history as its core.

Back to the Leges Populi Romani! There is a general introduction to the project which takes as its starting point the need for a new version of Giovanni Rotondi’s Leges publicae populi Romani (Milan 1912). The laws in the database stem from 509 BC up to emperor Nerva in the first century. The plebiscites created before 287 BC will also be included. The laws of the Roman kings and charters given to corporations in the leges datae are excluded. For each law the database will contain five notices, dealing with its name, the date of publication, the rogatores, the theme or themes dealt with in a particular law, and sources with references to a law. Whenever possible this is followed by a selective bibliography of scholarship and a commentary about the contents of the law, its application, success or abrogation. The commentaries will be mainly in French, but sometimes in English or Italian. The conseils de recherche offer a concise user’s guide for the database. It is wise to look at the abbreviations, too, if only because here you will find a very good bibliography concerning Roman laws. Key elements in the advanced search mode (Rechercher) are the use of the field for the date or time period and dropdown menus for searching rogatores, themes of laws and specific sources. either a classical author or a specific textual corpus. You can also search for themes in Roman laws using a structured list (Thèmes de lois). Even when you study Roman law since many years it is good to look at the sheer range of Roman laws in this overview. In my view it is a graphic way to visualize the central role of legislation in Roman law and society. When you would perhaps like to browse or get a general impression of the database you can always use the free text search field in the right top corner of the screen, or scroll through the list of notices and pick a law at will. In my experience you will want to go from one law to yet another, just the thing made possible here,

Currently for some of the themes no notice has yet been created. The page with links does not yet function, almost the only element of Leges Populi Romani which comes in for any comment. The introduction does mention the Projet Volterra at University College London with the databases Law and Empire AD 193-455 (“Volterra I”) and Law and the End of Empire AD 455-900 (“Volterra II”), and the Centro di studi e ricerche sui Diritti Antichi (CEDANT) at the Università degli Studi di Pavia, more specifically the RedHiS project, Rediscovering the Hidden Structure. The Projet Volterra does not only bring you a lot of its own materials but als a set of pages forming a compact web guide to Roman law. In particular the attention to legislation by the Roman emperors should make it the companion to the Leges Populi Romani website. I would single out as the most distinctive feature of this new website the way it combines information about the creation of single laws with a far better perspective on similar laws than we had before. Having quick access to references where a specific law is referred to in Roman literature – or in inscriptions – is a further asset.

Before I end with only applauding the good work of this great French initiative and admiring the exemplary cooperation of several research institutes it is up to anyone studying Roman laws and using this website to comment on its qualities, to suggest enhancements, and perhaps to help creating an interface in English. Let’s end here with two wishes in Latin, Annum novum faustum felicem vobis, a happy and lucky New Year to you, a wish happily taken from the interesting Following Hadrian blog, and quod felix faustumque sit, my best wishes to the team of Leges Populi Romani!

250 years freedom of the press

TheSwedish royal ordinance of 1766The freedom of bloggers is not something you should take for granted. In some countries of the world blogging is really dangerous because governments are not at all at ease about the freedom to express oneself. 250 years ago Sweden saw the first legislation for freedom of print. In Sweden and Finland special websites gave been launched to celebrate this commemoration. Anders Chydenius, the Swedish minister responsible for the epoch-making law, came from Finland. In this post I would like to look at the celebrations and at eighteenth-century Sweden and the impact of this act of legislation.

A long history

Header Frittord 250

The commemoration website Frittord 250 [The Free Word 250] created by the Swedish Academy of Sciences is the first point of access to find out about the law of 1766. The corner with source materials (Källmaterial & resurser) is the only point where you will find information about the historical legislation. You can download a PDF with a digital version of the original law (24 MB) or read it online at the website of the university library in Lund. With fifteen articles in a few pages it is a remarkable concise law. However, this evidentially led rather quickly to changes. Before 1800 there were already five new laws dealing with the freedom of print. The section offers the texts of seventeen ordinances and laws up to 2001. When you press the button In English you will find only a brief summary of the matter at the center of the commemoration. The calendar of activities and blog posts form the major part of the project website. One of the activities is a travelling exhibition Ordets akt [The act of the word], now at the Kulturhuset Stadsteatern in Stockholm.

Saying the focus of Frittord 250 is on the present is an understatement. I happened to find at The Constitution Unit website of University College London in the foreign corner of the section Freedom of Information an introduction about the Swedish freedom of press. Here, too, the story jumps from just one short paragraph about the original law to the current state of affairs. It is one thing to acknowledge the importance of current debates about freedom of speech, freedom of information and the way governments try to interfere with the public sphere, it is another thing to study developments and backgrounds which could be rather important in understanding and interpreting contemporary issues. For the United Kingdom the website of the Constitution Unit gives you at least a short history of developments since the sixties. The links section brings you for example to the international portal Right2Info where you can find much more. Its resources section is very impressive, even when you might wonder whether it is sufficient to mention for some countries only the national ombudsman.

Banner Freedom of Information 250 years

The historical background of the 1766 law gets more space and attention at the Finnish website Freedom of Information: Anders Chydenius 250 years, a website accessible as often is the case in Finland in Finnish, Swedish and English. It is invigorating to read here about the historical, cultural and political background of Sweden’s pioneering law. Chydenius can be termed a very active exponent and propagator of Enlightenment ideas. His plea for freedom of press was part of his campaign in 1765 and 1766 for free trading rights. Maren Jonasson and Perti Hyttinen translated a number of Chydenius’ works in English [Anticipating The Wealth of Nations. The selected works of Anders Chydenius, 1723-1809 (London, etc., 2011)]. This book contains also a translation of the 1766 law. When preparing this post I also visited the website on copyright history of Karl-Erik Tallmo who looks not only at Sweden, but also at the history of copyright in England and Germany. Bournemouth University and University of Cambridge have created the well-known portal Primary Sources on Copyright (1450-1900), and you can also learn something from the digitized texts in the Archivio Marini (Università degli Studi di Pisa).

Instead of only looking at the context of this law we might as well look at this piece of legislation in some detail to establish the width of its impact on information. The law’s full title Kongl. Maj:ts Nådige Förordning, Angående Skrif- och Tryck-friheten, “His Majesty’s Gracious Ordinance Relating to Freedom of Writing and of the Press”, promises much. In the preamble censorship is nominally abolished but technically transferred to the royal chancery. The stress on the benefit for the enlightenment of the people and the observance of laws is remarkable. In the first article a clear limit for the freedom of expression is posed by forbidding anything that goes against the Christian faith. Writings criticising the form of the state and the king himself are prohibited in the second and third article. Publications have to be printed with full names or with the printer’s responsibility to disclose the author’s name. The need for due process in cases in which this is disputed is made explicit. The fifth article stresses the fact only the limitations of the three first articles can set a limit to any expression in print. The following articles deal with matters we would describe today as freedom of information, in particular concerning actions of the government and the judiciary, including the verdicts of judges. The support in the fifth and twelfth article for those wanting to write honestly and correctly about history is not only pleasing for historians, but indeed important. Article 13 is a clause to ensure any subject not included or mentioned falls under the freedom of press, and article 14 expresses the wish to make this law irrevocable. In my view this law can stand scrutiny from modern perspectives in a number of aspects. The law was issued on December 2, 1766. For Chydenius freedom was a crucial element in all his plans for reform and renewal of contemporary Sweden.

The Finnish website shows how exactly this wish for perennial and unchanged force was soon thwarted. It makes abundantly clear that the Swedish road was not a linear road of and to freedom of speech, print and information. Alas for those wanting things to be entirely black or white, good or bad, a success or a failure, the Swedish story shows history does not fit into their dualistic world view. Thus history can be perceived as a possible nuisance, a luxury good of elites or something a nation cannot afford anymore. I feel ashamed to live in a country where we have to face the threat of the disappearance of history as a part of the secondary school curriculum . Baron Raoul van Caenegem, the famous Flemish legal historian, wrote already many years ago: “Who hinders, forbids or abolishes the study of history, condemns people to ignorance and gullibility”.

Logo Anders Chydenius Foundation

It is up to you to look at both the Swedish and the Finnish websites, and also to the website of the Anders Chydenius Foundation, yet another example of a trilingual site, to expand your knowledge, deepen your understanding, in short to use your critical faculties to see the values history can provide and the ways it can sharpen our understanding of contemporary society. However, history can be more than a handmaiden guiding you to act wisely in current affairs, it can teach you much about women and men in the past, the ways they faced the problems of their times and aspired to be as much human as we do.

A theatre of knowledge: Law and justice on show in old book titles

Logo Theatra - Welt und Wissen auf der BühneTheatrical representations of a trial can enthrall an audience. Even when you know actual proceedings were different you are lured into understanding matters in the way they are played in the theatre. Authors and publishers were not slow to realize the attraction of the theatre for book titles. In a German research project several books with the word “theatre” in their title printed between 1500 and 1800 have been brought together. Among them is a considerable number of books concerning law and justice. The project was finished a few years ago, but I think it is worth looking at here.

The right title

Logo HAB

The project at the heart of this post has been supported by the Herzog August Bibliothek (HAB) in Wolfenbüttel. Earlier on I had not really noticed this project at the website of this research library with a focus on Early Modern and baroque literature. However, in the end this notice did awake my curiosity. Scholars from the Universität Kassel worked together with the staff of the HAB to create the project Welt und Wissen auf der Bühne – Theatrum-Literatur der frühen Neuzeit. “World and Knowledge on Stage – Theatrum-Literature of the Early Modern Period”.

The metaphor of the theatre helped to create a visual image for multiple purpose, not just constructing a setting but also the disposition and communication of knowledge. Apart from “Theater” and “Theatrum” authors and publishers used words such as Schau-Bühne and Schauplatz, and of course other languages used their own versions of these words, for example théâtre, teatro, schouwtoneel and schouwplaats. Apart from works in German, French and English Dutch, Spanish and Italian works were within the orbit of the project, The project at Wolfenbüttel aimed at creating a portal with bibliographical information and direct access to some 200 titles. Despite this multilingual starting point the project website is only accessible in German, in clear contrast with the HAB’s website which can be viewed in German, English and some pages even in Latin. At the project website you can go directly to each of the digitized works, execute a full text search in all titles or in a particular work, or visit first the repertory and benefit from the information about the works brought together here.

Title page There is no shorter way to view the qualities of the project than starting to look at a particular work. I have chosen a work by Peter Dahlmann, his Historischer Schauplatz Vornehmer und berühmter Staats- und Rechts-Gelehrten (2 vol., Frankfurt and Berlin, 1710-1715), and I selected it because it was the first work in the list with the word Recht (law) in its title. This biographical dictionary appeared anonymously, but Dahlmann published a similar more general work in 1710 which made his authorship plausible. The description of this work with twenty-seven biographies is most useful, in particular for the overview of the content, information about the context and background, and bibliographical information.

When I looked at the list of extant copies of Dahlmann’s book I somehow became wary. A quick search in the Karlsruher Virtual Library shows indeed more copies than indicated here. The copy of the first volume at the Max-Planck-Institut für europäische Rechtsgeschichte, Frankfurt am Main, too, has been digitized, as announced on the project page at Wolfenbüttel, but I was really surprised to find this title in Frankfurt within the collection of German legal journals from the period 1703 to 1830. Anyway, this title is certainly not widely available in German libraries: VD18, the bibliographical project for eighteenth-century German imprints, has not yet included any copy from the five participating libraries, but the Staatsbibliothek in Berlin, the Sächsische Landesbibliothek in Dresden and the Bayerische Staatsbibliothek in Munich do have a copy of the rare second volume, which has been digitized at Munich. Checking the information about surviving copies seems advisable.

Law on stage

Let’s look which other legal works and books touching the subject of law, jurisprudence and justice have been included at Welt und Wissen auf der Bühne:

– anon., Schauplatz der Betrieger (Hamburg-Frankfurt 1687) – a book about impostors and forgers – description
– anon., Hamburgisches Mordt-Theatrum (s.l., 1687) – a book describing the trial for the murder of a merchant from Hamburg – description
– anon., Theatro politico del honor y manifiesto legal de la santa iglesia Catedral de Zamora (s.l. [Zamora], 2 vol., 1730-1732) – a treatise about the jurisdiction and rights of a Spanish cathedral
– [Christoph Peller], Theatrum Pacis, Hoc Est: Tractatuum Atque Instrumentorum Praecipuorum (2 vol., Neurenberg 1683-1685) – a collection of peace treaties
– Johann Abelinus and Matthaeus Merian, Theatrum Europaeum (21 vol., Frankfurt 1633-1738) – a chronicle of near contemporary European history, often supported with legal documents – description
– Giovanni Battista Argiro, Theatrum universi juris (2 vol., Rome 1729-1734) – a legal bibliographical repertory guiding to commentaries for Roman and canon law
– Lorenzo Arrazola et alii, Enciclopedia española de derecho y administracion, ó Nuevo teatro universal de la legislacion de España è Indias (13 vol., Madrid 1848-1872) – an encyclopedia for Spanish law and government, including colonial law
– Angelo Auda, Theatrum regularium, in quo brevi methodo, variae decisiones, tam apostolicae quam Ordinis Minorum de observantia […] exarantur (Rome 1664) – ecclesiastical law concerning the Franciscan order
– Giovanni Battista Carmen Fattolillo, Theatrum immunitatis, et libertatis ecclesiasticae tam theorice, quam practice fideliter excerptum juxta Gregorianam bulla (2 vol., Rom 1714) – a work concerning immunity in canon law
– Giovanni Battista de Luca, Theatrum veritatis et iustitiae (18 vol., Cologne 1688) – De Luca’s famous often reprinted encyclopedic overview of all fields of law
– Camillo della Ratta, Theatrum feudale (2 vol., Naples 1637) – a work on feudal law – online, volume 1 and 2, Madrid, Universidad Complutense (at the Hathi Trust Digital Library)
– Jacob Döpler, Theatrum poenarum (2 vol., Sondershausen-Leipzig 1693) – a work on penal law – description
– Anton Wilhelm Ertl, Neu-eröffnete Schau-Bühne, Von dem Fürsten-Recht (Neurenberg 1702) – a book about princes and the law
– idem, Neu-Eröffneter Schau-Platz der Lands-Fürstlichen Ober-Bottmässigkeit (Neurenberg 1694)
– idem, Theatrum Superioritatis Territorialis Noviter Extructum (Augsburg 1684) – these two titles are clearly the Latin original and the German translation of a book on the territorial power of princes
– Adam Joseph Greneck, Theatrum Jurisdictionis Austriacae (Vienna 1752) – an encyclopedia on jurisdiction within Austria
– Georg Philipp Härsdorffer, Der Grosse Schauplatz Jämerlicher Mordgeschichte (8 vol., Hamburg 1649-1652) – a collection of murder stories and trials – description
– Carl Johnson / Joachim Meier (transl.), Schauplatz der englischen See-Räuber (A general history of the robberies and murders of the most notorious pyrates) (Goslar 1728) – a book about pirates and piracy
– Milettus Hedrusius, Neu-eröffnete Mord- und Trauer-Bühne (Schwabach 1708) – murder stories
– Johannes Franciscus Löw, Theatrum Medico-Juridicum (Neurenberg 1725) – a collection of treatises on forensic law
– Johann Christian Lünig, Theatrum Ceremoniale Historico-Politicum (3 vol., Leipzig 1719-1720) – a pioneer work about elections and political ceremonies – description
– Karl Philipp Mentzel, Neuestes Teutsches Reichs-Tags-Theatrum (Neurenberg 1733) – a book about the German Reichstag from 1662 onwards
– Johann Joachim Müller, Des Heiligen Römischen Reichs, Teutscher Nation, Reichs Tags Theatrum (2 vol., Jena 1713) – the German Reichstag between 1440 and 1493
– Melchior Adam Pastorius, Theatrum Electionis Et Coronationis Romano-Caesareae (Frankfurt am Main 1657) – not only about the election of German emperors, but with an overview of emperors since Roman antiquity
– Antonio Javier Pérez y Lopez, Teatro de la legislacion universal de España é Indias (28 vol., Madrid 1791-1798) – legislation in Spain and its colonial empire
– Johannes Friederich Reiger, Theatrum juridicum theoretico-practicum (Neurenberg 1724 and 1740) – a German translation of Justinian’s Digest
– Johan van den Sande, Theatrum practicantium hoc est decisiones aureae sive rerum in supremo Frisiorum curia judicatarum (Cologne 1663) – a collection of cases before the Frisian supreme court in Leeuwarden
– Johann Salomon Schülin, Theatrum Conscientiosum Criminale, (2 vol., Frankfurt / Leipzig 1732-1733) – a handbook for procedures in criminal law
– Christoph Heinirch Schweser, Theatrum Servitutum oder Schau-Platz Der Dienstbarkeiten (Neurenberg 1709) – a handbook on legal servitudes and service contracts
– Carlo Spadazza, Theatrum viduile, seu De viduis, ac priuilegiis viduilibus Tractatus absolutissimus, tum legalis, tum moralis, in quo tota viduilis materia elaborata methodo explanatur (Ferrara 1672) – a treatise about widows with attention to relevant law – online, Florence, Biblioteca Nazionale Centrale (at the portal Internet Culturale)
– Mattheus Surrentinus [Matteo Sorrentino], Theatrum et examen omnium decisionum regni Napolitani (Naples 1700) – a collection with jurisprudence from the kingdom of Naples
– Trobat, Juan Bautista: Tractatus de effectibus immemorialis praescriptionis et consuetudinis. Pars secunda, cum miscelanea casuum, et decisionum in Iurisprudentiae Theatrum (Valencia 1700) – a treatise on customary law
– Nicolás Bas y Galcerán, Theatrum jurisprudentiae forensis Valentinae romanorum iuri (2 vol., Valencia 1742-1762) – a book about legal practice and jurisprudence in Valencia
– [Zacharias Zwanzig], Theatrum Praecedentiae (Berlin 1705) – a treatise touching on international law and ceremonial law – description

With some 35 works in a selection of 200 books law and jurisprudence seem well represented. It is a pity that in view of a total of some 180 descriptions you find here for just seven legal works a specially created description. However impressive this list, it does lack at least one noted legal work, the Amphitheatrum legale of Agostino Fontana (4 vol., Parma 1688 – online, Hathi Trust Digital Library). On the other hand Jean Bodin’s Universae Naturae Theatrum (1596) has been included with a useful introduction. Sadly the list does not have for each work a description or a link to a digital version either from the collections of the Herzog August Bibliothek or elsewhere, and I have tried to supply such additional information here. On the other hand, in the case of the Theatrum Europaeum one is duly guided to a digital version of a later edition (21 vol., Frankfurt am Main 1646-1738; online at Augsburg).

In mentioning the Theatrum Europaeum we arrive at a central problem in dealing with this project. If the scholars creating the project had already difficulties in dealing with legal texts, how can a general user determine the nature of a particular work? In my view there is only one road to answer this question, to take the time to get hold of a work or to view a digital version, and to look beyond the title page. In this respect it would also have been helpful to have a translation of the book titles in Polish. In an earlier post I wrote about the Theatrum Europaeum as a useful source for the text of peace treaties. I am sure I have missed some works with legal contents in this list, but I have also excluded on purpose in my selection works on geography which surely do contain information about legal matters in a particular region or country.

Behind the scenes

How representative is the selection of works at Welt und Wissen auf der Bühne? It did cross my mind to look at the digital projects for Baroque literature at the Universität Mannheim. The CAMENA project created a network of digitized works from the Early Modern period, with for law a number of works in the section Historica & Politica. The Universal Short Title Catalogue (USTC, University of St. Andrews) has as its aim bringing together sixteenth-century books. I invite you to check the digitized works at the Heinsius Collection of Neo-Latin works published in the Dutch Republic (Universiteit Leiden), to visit the website for Nordic Neo-Latin literature (Universitetet i Bergen), or to walk through the alphabetically ordered Philological Museum (Dana Sutton, University of Birmingham). The German project does include only three titles for music, and the USTC, too, gives a very restricted number of similar titles. In its present state it does already offer a fairly complete overview of literature with some form of theatre in its title published during this period.

More incisive is the question how important these legal works were and are. Do we have here a parade of the great and influential works? It is safe to say that at least De Luca’s work was most influential. Of some authors we have here less well-known works. Lünig (1662-1740) is better known for his massive Das Teutsche Reichsarchiv (24 vol., Leipzig 1710-1722; digitized at Augsburg) and his Corpus iuris militaris (2 vol., Leipzig, 1723). However, his book on ceremonial law is indeed a landmark, and its importance has been highlighted in a book by Miloš Vec, Zeremonialwissenschaft im Fürstenstaat. Studien zur juristischen und politischen Theorie absolutistischer Herrschaftsrepräsentation (Frankfurt am Main 1998). The selection of lawyers in Dahlmann’s Historischer Schauplatz is definitely not what you would expect nowadays of a book with juridical biographies, but this helps in fact to become aware of our own predefined ideas and conventions. One of the strengths of the project at Wolfenbüttel and Kassel are the references to relevant literature, even if this is often restricted to literature in German. A number of these modern scholarly texts can be read online.

The project title World and Knowledge on Stage itself immediately remembered me of proverbial lines by Joost van den Vondel, a seventeenth-century Dutch author: De wereld is een speeltoneel, elk speelt zijn rol en krijgt zijn deel, “the world is a theatre, everyone plays his role and gets his part”. These words were composed for the opening of the municipal theatre of Amsterdam in 1637 and put above its entrance. Maybe this echoes a thought expressed by Erasmus in his Praise of Folly (ch. 29)A second proverbial saying of Vondel brings us closer to law: “De wetten zwijgen stil voor wapens en trompetten” [The laws are silent in front of weapons and trumpets], which alludes to the Latin proverb inter arma silent leges. The metaphor of the theatre helps us to look for the roles people played and the subjects brought to the limelight or left in the wings. It struck me how many titles in the German project refer to wars and conflicts. Any title with the word theatre invites you to enter a different world. You might encounter unfamiliar laws or meet a kind of justice that functions differently than you had imagined before.

A wood in the polder

When I visited Delft this summer it was years ago I bicycled to the nearby tiny village ‘t Woudt, which means literally “The Wood”. However, ‘t Woudt is situated in the polders to the west of Delft, and you will not detect any wood in my pictures.

't Woudt near Delft

In fact I would have dearly liked to take more photographs on one of the few sunny afternoons of this summer, but the battery of my camera got empty. The tiny village, a hamlet is a more apt word, is dominated by the imposing medieval church. The buildings in ‘t Woudt are rightly classified as monuments.

The church of 't Woudt

The church looks rather formidable because its tower has been inclosed by the extended side-aisles. I added on purpose the detail that I took a bicycle to reach ‘t Woudt, because the road to Wateringen behind the church is not open to cars. The N223 road from Delft to De Lier and other villages has an exit for ‘t Woudt, but you can drive only the few hundred meters to this lovely spot, within two kilometers of the A4 highway connecting The Hague to Delft.

Stories to tell

For weeks I have been thinking what kind of story is behind ‘t Woudt. The first story is partially a story of onomastics, the auxiliary discipline that deals with the etymology of names. Toponymy is the study of place names. ‘t Woudt is now a part of the municipality Midden-Delfland. Originally it belonged to the manor Hof van Delft, literally “Garden of Delft” or “Court of Delft”, for the most part now a neighbourhood of Delft itself.

To the south-west of Delft is another place name with a wood in its name, Abtswoude. Toponymical studies have shown this name was formed by an act of popular etymology. The medieval name was Popta’s Woude, “The Wood of Popta”. In the nineteenth century this name had been transformed to Papswouw. People thought this place name meant “the wood of a priest”. In a funny way they decided to upgrade the place name to Abtswoude, “Abbot’s Wood”, because of the popular belief in the existence of a monastery on this spot in medieval times.

Now it is very difficult to imagine actual woods in a classic Dutch polder. In this fen country a wood can hardly exist. Perhaps to add to the confusion about Abtswoude, and to create a new chapter in Dutch landscape planning, a land art project near Abtswoude was started in the late twentieth century in the form of a wood surrounding a hill of only five meters. The wood is called the Abtswoudse Bos, and the core of the project is even called Moeder Aarde, “Mother Earth”. The whole area of just 190 hectare is situated on the outskirts of Delft.

The A4 and the Raad van State

The A4 road reaches from The Hague Delft only to stop in the midst of the polder. After decades of discussions, protests and several juridical procedures at the judiciary branch of the Raad van State, the highest advisory council of the Dutch government, on July 6, 2011, it was finally decided to build the missing six kilometers of this highway to Rotterdam. The new part of the A4 will run at a distance just 1500 meters from the Abtswoudse Bos.

The Raad van State has also the role of a court of appeal in cases concerning administration. Lately the double role of the Raad van State, founded in 1531 by Charles V, becomes more subject to criticism because it is a clear example of a situation – governed by the special law for the Raad van State (1962) – in which the governing power has to be separated from the judiciary. The court branch has to judge cases which have been discussed in or which were advised upon by the council itself. In October the Raad van State opened its renovated building. Surely the external renovation with a better use of its palace in The Hague at the Kneuterdijk was needed and successful, but an internal renovation, too, is needed to survive and function properly in this century. The Dutch queen is formally the head of the Raad van State, but the vice-president leads in daily practice the council. Due to their position the vice-presidents have got nicknamed viceroy of the Netherlands. These months the nomination of a new vice-president is another point of debate. Instead of being aloof to party politics the vice-president’s function might get more politicized.

Old and new landscapes

Having brought together a medieval hamlet, a romantic belief in the existence of a medieval monastery, a newly planned wood and land art project, and the completion of the final trajectory of the A4 I do not know whether to smile or to shake my head in disbelief. The Dutch polders can show you a rich variety of different landscapes. It seems most practically to keep in mind Dutch landscapes have been shaped and are being shaped by man. One could almost suggest the neologism manscape… Between The Hague and Leiden you will find the artificial lakes of the Vlietlanden directly next to the A4. The high-speed railway between Amsterdam Airport and Rotterdam was custom-built with a number of tunnels to protect the scenery of the classical Dutch polder as much as possible. Interestingly a separate institution has been founded to deal with complaints about damages caused by this railway. In daily life you have to picture the densely populated province of South Holland as an amazing mix of villages and towns surrounded by the remains of polders and more graphically by railways and highways, with to the east the largest more or less intact polder zone, the archetypical Groene Hart, the Green Heart of the Netherlands.

As for medieval monasteries around Delft, to the north-east of Delft is Sion, now part of Rijswijk – the Ryswick of the 1697 peace treaty -, the spot of a monastery of Austin Canons, founded in 1345 and demolished in 1572. The canons found around 1490 a Roman milestone near Monster in the Westland region. A part of the grounds survived as an estate long owned by the Van Hogendorp family. Gijsbert Karel van Hogendorp (1762-1834) helped in 1813 decisively in creating the Kingdom of the Netherlands, sketching a draft for the new constitution – subsequent versions of the Dutch constitution can be found here – and getting the family of Orange-Nassau on the new Dutch throne. I had hoped to find more information on individual monasteries in the lavishly illustrated volume De middeleeuwse kloostergeschiedenis van de Nederlanden [The medieval monastic history of the Low Countries], edited by Paulina de Nijs and Hans Kroeze (Zwolle-Ter Apel 2008), but this is not the case. Characteristically romantic phantasy lacked geographical precision. I suppose I will hardly succeed in cycling around Delft in one day to visit all places mentioned in this post. Hopefully there is enough here for reflection on the facts and stories presented.

Monasteries in medieval Holland: a postscript

I would like to help those searching for medieval monasteries in the Low Countries by pointing to the Signum network for the social-economic, institutional and juridical history of medieval ecclesiastical institutions in the Low Countries. The scholars in this network do research on such institutions both in present day Belgium and the Netherlands. The website of Signum has been recently refurbished. Among the reviews of recent publications is a review of the book edited by De Nijs and Kroeze. At this moment (early December 2011) the useful links section is not present anymore. One of the links mentioned was the so called kloosterlijst maintained at the Free University Amsterdam, a database with concise information on some seven hundred medieval monasteries within the modern Dutch borders. For Delft only you will find thirteen convents…