Tag Archives: Rare books

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 Internet Culturale)
– Mattheus Surrentinus [Matteo Sorrentino], Theatrum et examen omnium decisionum regni Napolitani (Naples 1700) – a collection with jurisprudence from the ingdom 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]. 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.

The telling image: searching for portraits of lawyers

Sometimes a post on this blog is part of a series. Some posts discuss a particular theme from a number of perspectives. Legal iconography is one of these recurring themes. Sometimes I can choose at will from my list of interesting subjects, but this time a post on a well-known blog prompted me to start writing about legal portraits. On my website I deal with legal portraits to some extent on the page for digital image collections. I realized that in order to tackle a question in that recent post concerning the erased name of a lawyer in an engraving, my list of image databases with legal portraits might be helpful indeed to find out whose portrait you are looking at, and in finding legal portraits at all.

A missing name

At In Custodia Legis, the blog of the law librarians of the Library of Congress, Nathan Dorn published on October 19, 2012, a post called The Faces of Renaissance Law. Dorn wrote about the recent acquisition by the Library of Congress Law Library of two rare sixteenth-century Italian books with images of medieval and Renaissance lawyers, Illustrium Virorum Iureconsultor[um] imagines (…), by Marco Mantova Benavides (1489-1582), printed by Bolognino Zaltieri (Venice, 1570), and Imagines quarundam principium, et illustrium virorum (Venice: Bolognino Zaltieri and Niccolo Valegio, 1569). Five of the six lawyers in the pictures from these books shown in Dorn’s post can be identified immediately by the text engraved below in the images, but in the sixth image a part of this text with the name of a lawyer has been erased. The remaining text, “floruit Roberti regis Sicilie temporibus quem patrem legum uocat Ancharanus” says he lived in the times of king Robert of Sicily who Ancharanus called his father of laws. Pietro d’Ancarano (around 1330-1416) seems to be referring to Robert’s support of the University of Naples.

It is one thing to find a portrait of lawyers in the past, but another thing to identify somebody correctly as in this case. On my website I mention a number of portrait databases and websites of museums with a large portrait gallery, but here the question was clearly a bit different. How to find a digital version of this book when the Library of Congress states this book is very rare? This assertion was easily to be proved, with one qualification: one can find other editions of this book, but they contain different images. Mike Widener, curator of rare books at the Lilian Goldman Law Library (Yale University, has created a Flickr gallery of the images in the edition Rome 1566 of this book. He gives Antoine Lafréry as the author of this book, not Benavides, who was the collector of the 26 images in the first edition. Widener discusses these portraits and other portraits in a number of posts for the Rare Books Blog of Yale Law Library. In the edition of 1566 our lawyer has not been portrayed.

Riccardo Malumbra

Image of Riccardo Malumbra from “Illustrium ivreconsultorum imagines” – copy Wolfenbüttel, Herzog-August-Bibliothek, 37.4 Geom. 2° (28) – from http://www.virtuelles-kupferstichkabinett.de

Instead of plodding along all roads and byways I took to find the missing name I had rather tell you where and how to find a solution for the question about the book at the Library of Congress. One of the portrait databases presented on my website contains indeed all images from later editions. The Virtuelles Kupferstichkabinett (The Virtual Engravings Cabinet), a project of the Herzog-August-Bibliothek in Wolfenbüttel, the Herzog-Anton-Ulrich-Museum at Braunschweig and the Deutsche Forschungsgemeinschaft, gives lots of information on the image in question. The man portrayed is Riccardo Malombra, born in Cremona between 1259 and 1264. He died in 1334. For information on him one can turn to the article written by Andrea Labardi in 2007 for the Dizionario Bibliografico Italiano which can be consulted online, too. The missing text in the book at Washington, D.C. is “Ricardus Malumbra Cremonensis”. The date of the edition at Wolfenbüttel is given as between 1567 and 1570, and when you compare it with the copy at Washington, D.C., you can spot indeed some differences, for example the number of the engraving given here in the corner below right.

Finding legal portraits

With more than 4,000 images the Legal Portraits Online collection of Harvard Law Library certainly is an important and often exclusively mentioned resource, but it is surely possible and useful to look elsewhere, too. To start with Mike Widener, he has also digitized for Flickr 36 portraits from the book by Lodovico Vedriani, Dottori Modonesi (..) (Modena 1665) with professors from the university of Modena, a number of portraits showing Hugo Grotius, and finally a few dozen scattered portraits of lawyers.

A first indication that it is indeed interesting to look not only at the image results of the average online search machine, is the very fact of finding Italian images in a German library. In fact a number of German projects seem to cater for a lot of questions which transcend national borders. The Frankesche Stiftungen at Halle an der Saale, an institution with a rich history in eighteenth-century German pietism, has a fine portrait database where you can find lawyers among the professions indicated (enter “Jurist” in the Berufe field). The Fotoarchiv at Marburg has created a Digitaler Porträtindex where you can search in the same way for portraits in the collections of eight German cultural institutions. The Bildindex der Kunst und Architektur, the main image project at Marburg, too, can be used in this way. When doing my search for the name in this particular image I was surprised to find that the Deutsche Fotothek, a project at Dresden, does not only contain photographs, but also drawings, engravings and paintings. My surprise was even greater, because this database brought me at first to the image of Riccardo Malumbra discussed here. Thus the database of the Deutsche Fotothek leads you to images and data also present at the Virtuelles Kupferstichkabinett. However, at the website of that project you can use also Iconclass, a Dutch systematic classification of subjects in art. Last year the death of Friedrich Carl von Savigny in 1861 was commemorated in particular with the publication of a volume with fifty contemporary portraits of this German legal scholar.

This post started with a question concerning an Italian lawyer. It is always possible to find Italian portraits using the general gateways to art history. Nowadays Art.Historicum.net is one of the most useful portals for art history. Combined with the overview of online database of ArtGuide (Heidelberg and Dresden) and the fine list of links maintained by the RKD (see below) you will surely find many portraits. However, it is really worthwhile to check the 10,000 portraits in the FACIES database of the Biblioteca Comunale dell’Archiginnasio in Bologna. Even when you got to acknowledge the relatively small number of lawyers in it, this database does connect them to other resources as well.

Speaking of Dutch projects, the Netherlands Institute for Art History (RKD) at the Hague has a number of online databases. Among them is RKD Portraits. Here, too, you can search for particular professions. Lawyers can be tracked down by using in the first general search field the Dutch term jurist. Utrecht University has coupled its online database of historic professors with the fine painting gallery in its holdings, and provides links to other databases as well. The image database of the former Dutch Institute for Legal Iconography with some 12,000 images, which used to be accessible only for subscribers at this link of the Dutch Royal Library, has been recently integrated at The Memory of The Netherlands portal. The University of Amsterdam has created a digital portrait gallery with paintings collected for this university and its forerunner since 1743. The Vrije Universiteit Amsterdam has a digital image collection with some 1,500 images for the history of Protestantism, including many portraits.

For American history, too, one can look beyond Harvard’s Legal Portraits Online. The Smithsonian Institution at Washington, D.C., has an online database for its National Portrait Gallery. Incidentally, for English history one should of course turn to its namesake in London with over 160,000 images. The New York Public Library has created Historic and Public Figures: A General Portrait File to the 1920’s with some 30,000 photographs. Cornell University has an online collection of political Americana which goes even a step further, from an image database to the uses of images in campaigning and publicity. For American women in legal professions the information – including images – at the Women’s Legal History portal of Stanford University is invaluable. Libraries and Archives Canada provide for Canada an image portal with a generous selection from Canadian holdings.

Looking for Dutch lawyers

When you want to find a portrait of Hugo Grotius you will easily find useful results. When preparing this post I realized that the proof of the pudding for the image databases mentioned here is to find a portrait of a less well-known lawyer. For convenience’s sake and for my own interest I started looking for an image of a portrait of Nicolaas Everaerts (latinized Nicolaus Everardi) (around 1462-1532). No contemporary portraits of him exist. Because of the variant spellings of his name (e.g. Everhardi, or his first name as Nicolaes) finding images of this lawyer who became the head of the Great Council at Malines, the highest court of the Habsburgian Low Countries, is not so easy.

Nicolaus Everardi - Antonius Miraeus

Nicolaus Everardi (1462-1532) – from Antonius Miraeus (1573-1640); engraving by Philip Galle, 1604

Nicolaus Everardi

Nicolaus Everardi – Harvard Law School Library, Legal Portraits Online

Harvard’s Legal Portraits Online comes here into its own with two images. I have never seen the image at the left elsewhere. To be honest, its execution is a bit clumsy, and the older engraving was clearly the model for it, although inverted. Its dimensions are quite small (57 x 43 mm), and the original source is not given. The older image is not as easily found as I suspected it would be. The Europeana portal helped me in getting more details, but some questions remain. In which work did Aubertus Miraeus (1573-1640) use the engraving by Philip Galle (1537-1612)? The Rijksmuseum in Amsterdam has almost all these details on this engraving. The engraving comes from Miraeus’ Illustrium Galliae Belgicae scriptorum icones et elogia (Antverpiae 1604), a series of 52 portraits of Dutch and Belgian authors. Again, it is from the perspective of art history that you will find here an answer.

When I created my webpage with links concerning digital image collections and legal iconography I often doubted the value of the links belonging to the realm of art history, but I have become convinced that you might need them indeed. A search strategy for legal portraits can be sketched at least in outline: start with the resources dedicated to legal portraits, continue with general portrait galleries and general photo galleries, and switch to resources for art history when the other ways bring no results. On my webpage I point also to digital heritage portals and to other specific resources for images which relate to the vast fields of legal history. National image portals are also often helpful, as are the websites of institutions in the field of women’s history. In my experience it is sound advice to look also at the image collections of major museums – here the Rijksmuseum – and to take the searching order indicated here as a guideline only. By changing the sequence of links to be visited you might in specific cases get quicker and more relevant results. Sometimes results come from unexpected corners: for example, the Château de Versailles has a fine collection of portrait engravings in its image database. I wish you good hunting!

A postscript

Germany takes quite some space here already, but it is possible to add some online German portrait databases. The Tripota – Trierer Porträtdatenbank (Universität Trier) contains more than 8,000 portrait images, mainly from the collections of the Stadtbibliothek Trier. The links section of this website gives an excellent overview of digital portrait collections worldwide. In the Regensburger Porträtgalerie (Universität Regensburg) you will find some 5,000 portraits from the collections of the princes of Thurn und Taxis. The European aristocracy is well represented here.

Utrecht University contributes to the new website Academische Collecties a catalogue with some 1,800 images – paintings, drawings and photographs – of professors. At the same website you will find some 500 portraits from the collections of the Universiteit van Amsterdam.

For your eyes only? Legal history and some new digital libraries

This year I have published a number of posts about digital libraries. In my latest contribution on Dutch digital libraries I expressed my wish to write here more often about archival records and museums. It goes against the grain to write again about some digital libraries. However, by sheer coincidence three digital libraries have been launched in a short time span which all deal with materials in Dutch libraries. The Dutch Royal Library in The Hague has partnered with ProQuest in their project Early European Books: Printed Sources to 1700, and this library is also present in Brill’s Early Modern Pamphlets Online. Pamphlets held at Groningen University Library, are present, too, in this project, as are the German pamphlets microfilmed earlier on in the series Flugschriften des 16. Jahrhunderts. Last month the University Library at Groningen launched a new subdomain for their digital collections. Each of these three digital collections contain materials relevant to legal historians. Bringing them together in one post seemed a sensible thing to do.

There is a significant difference and an equally important similarity between each of the projects of the Dutch Royal Library and the digitized collections at Groningen. The University of Groningen presents one set of collections in open access, but this library has just as the Royal Library decided also to start a partnership with a firm which allows only restricted access to the collections they have digitized. Only at subscribing libraries or as holder of a library card of the Dutch Royal Library you can view this digitized pamphlets collection. When I checked this collection today using my Royal Library card I could not find at first the digital pamphlet collection in the overview of online databases at the homepage of the Royal Library. In fact it was thanks to the marvellous page on book history that I noticed the project for the digitization of these pamphlets. The books of the Royal Library digitized for Early European Books can be viewed freely within the Netherlands, but not elsewhere.

Some questions about access

Why keeping a number of digital collections within control of the holding library, and putting other collections on a kind of island which remains at the horizon, within sight but out of reach, a treasure room to be unlocked only for those who pay or have access to it at subscribing libraries? I realize quite well the Dutch Royal Library holds a rather large pamphlet collection (34,000), Groningen has some 2,800 pamphlets. I am equally aware that I am not the first to point out this difference which can look almost incomprehensible at a distance. The sheer number of items to digitized has not deterred Groningen University from creating an extensive digital repository with for legal historians interesting things like dissertations defended at the Law Faculty of Groningen and on another server a growing number of historical maps. Issues starting from 1999 of the legal history journal Groninger Opmerkingen en Mededelingen are freely accessible online, too. On the new website for digital collections at Groningen you can find 127 fragments of papyri. You can read – in Dutch – about some of them also on De wereld aan boeken (The world in books), the book blog of the Department of Special collections of Groningen University Library. By the way, Bifolium is the digital version of the news bulletin on manuscripts and rare books edited at Groningen. Updates are rather infrequent since the death of Jos M.M. Hermans, but the contributions of the new editorial team are certainly worth checking.

No doubt questions of budget, of digitizing more quickly by partnering with a publisher, and growing experience with digital collections and their maintenance play a significant role in the choices made by the two libraries in question to choose different ways for some of their collections. Still one can ask why not putting the famous Knuttel pamphlet collection of the Dutch Royal Library at Europeana, to mention just one of the projects in which this library plays a large and even eminent role? A quick search at Europeana yields at least 28 pamphlets held at The Hague, and they can be searched also using the Memory of the Netherlands portal. Pamphlets of national libraries form a part, too, of the digital collections accessible at the European Library, yet another possibility for virtual presentation of the Dutch pamphlets. for libraries it is perhaps also a question of playing several cards: in the past a number of digitization projects has had only a limited success or has simply failed. It was probably a successful example that helped guiding the decisions taken at The Hague and Groningen. Between 2002 and 2009 19th Century British Pamphlets Online realized the cataloguing and digitizing of some 23,000 items from seven British institutions. The project website provides you with a pamphlets catalogue, but the pamphlets themselves are only fully accessible through JSTOR.

Pamphlets and legal history

Pamphlets is the bibliographical term for short unbound treatises on any subject which is currently under discussion or cries out for comment or protest. I paraphrase here one of the most used modern definitions. The UNESCO definition of a pamphlet contains the additional criterion of a maximum length of 48 pages: “A pamphlet is a non-periodical printed publication of at least 5 but not more than 48 pages, exclusive of the cover pages, published in a particular country and made available to the public”. On my blog broadsides, one-page pamphlets, featured in the summer post on legal history in lyrics.

After my remarks about free and restricted access it is time to have a closer look at the projects under discussion. Early European Books comes with a multilingual user interface in English, Dutch, Danish and Italian. The bibliographical information on books is reinforced by using information on printers and printing history from the CERL Thesaurus and OCLC references which are used for WorldCat. You can view books either as web pages or download them in the PDF format. Interestingly you will find among the few digitized books concerning law and justice from the Royal Library almost exclusively pamphlets, and not just Dutch pamphlets. There is a French arrêt from the Parlement of Paris (Paris 1598; Pflt. 1012), a Dutch version (Middelburg 1584; Pflt. 715) of The execution of Iustice in England for maintenancee of publique and Christian peace by William Cecil Lord Burghley, two sentences by the scabini of Leiden (Leiden 1598; Pflt. 1035 and 1037), a confession of an attempt to assassinate Maurice of Orange (Utrecht 1594; Pflt. 918), a pamphlet demonstrating the rights of the States of Holland (Rotterdam 1587; Pflt. 791).

In Early Modern Pamphlets Online you will find already nearly 400 Dutch pamphlets when you search with the subject ‘Law’. Research for Dutch legal history for the period of the Dutch Republic and the Holy Roman Empire can benefit greatly from this source collection. One of the few quibbles are the lack of an advanced search interface and the black and white instead of color. Both collections contain all kind of pamphlets, many of them with contemporary illustrations, which makes them more than just textual sources.

The 127 Papyri Groninganae are really the only sources of primary interest for legal history at the new website for digital collections at the library of the University of Groningen, but everyone studying Dutch political developments or the advancement of science in the eighteenth century should look at the digitized letters of philosopher François Hemsterhuis (1721-1790). The papyri at Groningen cover a wide range of subjects, including legal matters. You can browse collections, choose the form of presentation of the items, build your own advanced search by adding search fields at will, and view almost everything in full color, as is the case for Early European Books, too.

More pamphlets for legal history

When writing this post I found I had overlooked some free accessible digital pamphlet collections for the page on Dutch legal history of my blog. To prevent complaints about not being able to see any Dutch pamphlets because of the restricted access policy I will say something more about these Dutch collections. From the pages of my website I have created a list of digitized pamphlets collections worldwide, not without adding some recent findings, thus saving you some time to bring them together.

Within the digital collections of Utrecht University Library a whole section is devoted to pamphlets. Until now nearly 800 pamphlets have been digitized. Under the modest title Utrechtse pamfletten you will find also publications from outside Utrecht and the Low Countries. The collection is accompanied by a short essay in Dutch on the definition of a pamphlet with ample reference to George Orwell’s views which led to the commonly excepted modern definition.

At Nijmegen the Center for Catholic Documentation has digitized a collection of 99 pamphlets from 1853 with protests against the re-establishment of the Catholic hierarchy in the Netherlands. After the definitive coming of the Reformation from 1580 onwards the Northern Netherlands had been an apostolic vicariate. As the Dutch government confirmed the erection of new dioceses in 1853 a national movement of distressed protestants grew quickly, but this protest by many members of the Dutch elite was in vain.

At the portal for the Memory of the Netherlands you can search for some 1,000 digitized pamphlets from the Second World War and a few hundred pamphlets written by Multatuli, the pseudonym of the Dutch writer Eduard Douwes Dekker (1820-1887), famous for Max Havelaar, his graphic novel from 1860 about the Dutch exploitation of the Indonesian archipelago and his inflammatory writings about many other subjects, including the Dutch political and legal system. Multatuli lost the case about the copyright on his novel, recently studied by Ika Sorgdrager, Dik van der Meulen and Jan Bank, ‘Ik heb u den Havelaar niet verkocht’. Multatuli contra Van Lennep [“I did not sell you the Havelaar”. Multatuli against Van Lennep] (Amsterdam 2010).

And to conclude this post a list of digitized pamphlet collections – in alphabetical order by country – with particular interest for legal historians, all of them freely accessible:

The last digital collection reminds me of repeating my promise to write about major phenomena and events which cannot be left out of legal histories. My posts on piracy were meant as the first contribution to a new series. If you agree with me that the list of digitized pamphlets should be enlarged you might try searching for pamphlets at Intute, a thing to do as long as that website is still running. The History Guide of the Göttingen State and University Library can lead you to many pamphlet collections, as do Clio Online and for example this page of the Virtual Library Labour History at the International Institute for Social History, Amsterdam.

A postcript

At Archivalia Klaus Graf points to the fact that the German bibliographical projects VD16VD17 and VD18 do contain large numbers of pamphlets. This source genre is increasingly being digitized, too. The QuickSearch of the catalogue of the Österreichische Nationalbibliothek in Vienna can be tuned to restrict your search to particular source types; for historical pamphlets you can select Einblattdrucke.

A second postscript

Roeland Harms, a scholar at Utrecht University, has written Pamfletten en publieke opinie. Massamedia in de zeventiende eeuw [Pamphlets and public opinion. Mass media in the seventeenth century] (Amsterdam 2011). You can download here his 2010 Ph.D. thesis (in Dutch with an English summary) from which his new book stems.

A third postscript

For the Society for Old Dutch Law I have written a concise guide to Dutch pamphlets and legal history at Rechtsgeschiedenis.org.

An overview of digitized pamphlet collections

At my website I have created in May 2013 an overview of digital pamphlet collectiions. In this overview collections are presented  in alphabetical order by country, with short descriptions of the contents and focus.

 

A holiday round-up

After a rather long time, almost four weeks without any new posting, I am back at my desk to continue writing for this blog. I have been on a holiday with a rich variety of landscapes, weather types and people. It is still summer. A first quick check for new things learned me that even the ever busy Legal History Blog had slowed down its usual pace of new postings. One of the strong features is the weekly Round-Up in which you can find all kind of things which touch upon legal history but somehow had nearly escaped the alertness of the editorial team led by Mary L. Dudziak and Dan Ernst. My post today proposes to salute their weekly efforts in a more leisurely way fitting this summertime, which, however, has by now taken some very serious turns. Events worldwide will no doubt soon influence this blog. I would like to reassure you I will not turn away from these developments, but it will do no good to react here immediately. Anyway, my list with plans for new postings has a nice length and a variety of subjects from many corners.

Looking closely at pictures

In this post I want to present just a few websites and blogs which came to my attention lately. You will notice quickly that they are not solely, in fact often only rather loosely connected with legal history. I cannot help pointing again to Klaus Graf and his Archivalia blog – does he ever take a holiday?! Anyway a week ago he posted a message on the section on photo tampering in history at Four and Six. At this website you will find an impressive collection of both historical photographs and modern advertisements with images which have been tampered with. I suppose contemporary lawyers will be more interested in the latter. On this website some photographs have been explicitly tagged with the label “Law”, but it is worth looking around for more. On close inspection photographs can tell a sometimes very different story than one suspects at first. We all are aware of the telling power of images. They can conjure up a story more quickly and more dramatically than many well-phrased paragraphs. It is easy to forget about the possibility of tampering with photos when craving for images to convey your message.

Comics and the law

As a faithful reader of the Rare Book Room blog of the Lilian Goldman Law School Library at Yale University I was initially surprised by the efforts to collect child books touching upon law and even comics. In 2010 a series of blog postings accompanying the exhibition Superheroes in Court was even devoted to the alleged Yale Law School degree of Batman shown in a particular story! The point of collecting books on seemingly fringe subjects is to do it in a most sensible way, and here Yale surely succeeds.

I was reminded of the collections at the Yale Law School Rare Book Room because the Freshly Pressed section of my provider’s blog featured a post from Bear Lawyer LLC. Thomas E. Körp is the creator of this blog about a bear who makes a living from law. This blog goes with a nice sprinkling of real American law websites and links to other comics blog and websites.

Lately Et Seq., the blog of the Harvard Law School Library, published the image of a drawing in an old legal book. The image in question is a drawing in a copy of a 1615 edition of the Corpus Iuris Canonici, the multivolume collection of canon law sources printed from the early sixteenth century up to the nineteenth century. The “Weekly Special” of Et Seq. is often devoted to rare law books with an intriguing history or story. In the story entitled A Canon and its Cannon its author Lesley Schoenfield very much wonders about the drawing showing a castle with a firing cannon. I myself have my view of the riddle behind it, but in order not to spoil your own investigation of it I will not give away my solution here…

Searching images

From Harvard back to Yale. Apart from the superb digital collections of the Harvard Law School Library Harvard University has a most impressive and very diverse range of digitized collections, fortified by the digital collections at Harvard College Library. It seems very difficult to outdo these efforts but Yale, too, can proudly present its digital collections. Not only the university library at Yale but also several other Yale libraries offer access to digital visual resource collections. Recently the website Yale Digital Commons has been launched where one can search in the image resources of five Yale institutions. Legal historians cannot neglect the Yale Slavery and Abolition Portal when researching this subject, and when you need documents in English translation you will often turn to Yale Law School’s Avalon Project: Documents for Law, History and Diplomacy. The Lewis Walpole Library has started the Yale Indian Papers Project with digitized materials from several Yale institutions. It is hard to say which university is winning this battle of giants in the field of digital collections.

In the field of legal iconography Yale Law School can point to the Documents sections of its website which has been created for the image collection Representing Justice. Harvard Law School Library has digitized over 4,000 images of lawyers in the digital collection Legal Portraits Online.

Earlier this year I wrote a post about online exhibitions concerning legal history. On my website I have a created a new page about virtual exhibitions in which I have put things from this post in a more orderly fashion. By the way, of course not only Harvard and Yale, and not only the other Ivy League universities are most actively involved in the field of digital collections. In my latest post almost four weeks ago the University of California, Santa Barbara came into the spotlights with an impressive number of interesting digital collections, pace Berkeley and Stanford. It can depend on a lot of factors which universities happen to make the largest presence in your perception.

The debt crisis in the United States and Europe, the riots in London and other English cities, the aftermath of the terrifying violence against innocent people in Norway, the spreading fierceness of the political climate in my own country, the fear in many European countries for drastic cuts in the budgets for education, research, culture and social welfare, the ongoing fight for democracy in many countries surrounding the Mediterranean and the violent suppression of legitimate protests in Libya and Syria, the troubles in the Middle East, the droughts and famine in East Africa, the anarchy in countries like Somalia, and much more are these days the background of any serious legal and historical research. This might well determine to some extent its shape and direction, too.

Legal history on display

Rare books, digital libraries, legal iconography and landscapes are among the subjects about which I have written most of my postings. A series of contributions on centers of legal history is also one of the backbones of my blog. Only a few postings have been concerned only with one or more exhibitions. Some of these exhibitions – at museums, archives, libraries or in the form of online exhibitions – really merit attention because of the great care with which the items on display have been selected, their interesting features and the judicious commentaries added to them. Some exhibitions succeed in presenting a familiar history with unknown objects and add a new narrative to well-known facts. Such exhibitions might challenge existing views or stick too close to prevailing opinions, they might in your opinion put undue emphasis on certain aspects of a subject, but you seldom come away from them without food for thought. Very often they succeed in presenting important items from collections in a new way.

The motive for looking at exhibitions concerning legal history comes from the congress calendar at this blog. Among this year’s workshops is a workshop on rare legal books to be taught by Mike Widener of the Lilian Goldman Law Library at Yale University. From June 13 to 17 he will teach for the Rare Book School at Charlottesville, Virginia, a course entitled Law Books: History & Connaisseurship. To my happy surprise Widener mentions in his preliminary reading list for the participants of his course a number of online exhibitions created by five American law libraries, the Harvard Law School Library, the Tarlton Law Library of the University of Texas at Austin, the Daniel R. Coquillette Rare Book Room of the Boston College Law Library, the Robbins Collection at Boalt Hall of the University of California at Berkeley, and the Rare Book Room of the Lilian Goldman Law Library. I had already encountered a number of these online exhibitions, but I had not thought yet of bringing them together. Widener shows his knowledge in particular by having traced the Robbins Collection’s exhibition Milestones in Legal Culture and Traditions, but more probably I simply succeeded earlier on in overlooking the link to the exhibits on the website of this fine library. Books, historical documents and records are the main items shown in these online exhibitions as objects of interest and importance.

Anyone looking for online exhibitions created by libraries or archives can benefit from the database for Library and Archival Exhibitions on the Web, maintained by the Smithsonian Institution. American and British examples are surely overrepresented at this website, but the services it renders are most welcome. However, sometimes even this database cannot help you, for example when an online exhibition has moved to a new URL, or worse, has been removed from the web, due to reconstruction of a website or to sheer misfortune. The Jacob Burns Law Library of the George Washington University, Washington, D.C., organized in 2005 an exhibit called “The Duel“, but you cannot find it anymore at the URL provided. Luckily the Internet Archive enables you to retrieve it almost completely, only a number of images are missing. The article by Jennie C. Meade in the Fall 2005 GWMagazine, too, gives some impressions of this exhibit. Perhaps one day the online exhibition can be recovered. Meanwhile legal historians can view online back issues of the newsletter of the Friends of the Jacob Burns Law Library, A Legal Miscellanea. Miscellaneous, too, are the subjects of exhibitions I will mention here.

Exhibitions in America concerning legal books and legal history are announced in the newsletter of the Rare Books and Legal History section of the American Association of Law Libraries. An exhibition understandably not mentioned in the Fall 2010 issue has been redesigned and updated at Cornell University. Remembering the Triangle Factory Fire 100 Years Later, 1911-2011 is an exhibit created by Cornell’s International Labor Relations School and the Division of Rare and Manuscript Collections at Cornell University Library. The exhibit does not only contain records of eye witnesses and survivors, and documents of the investigation and subsequent trial, but also materials concerning relief work and protest, and much more. When you check Cornell UL’s list of online exhibits you will soon find more legal history, for example in the Lafayette Collection and the Maurepas Collection, in an exhibit on the abolition of slavery and an exhibit on pirates in South East Asia, which I had already dutifully noted in an earlier post on piracy. Even if it does not touch directly on American legal history I would not skip looking at the Cornell copy of the Gettysburg Address. The web-only exhibit 25 Years of Political Influence: The Records of the Human Rights Campaign from 2006 definitely has an impact for legal history.

What about online exhibitions elsewhere? On my webpage for digital collections and legal history I have so far put together just a relatively small number of exhibitions, mainly image collections, because I have not really been searching for them. Searchable databases have received more attention than online exhibits. In Italy I have spotted the online exhibition I libri antichi di Angelo Sraffa of the Università Bocconi, Milan, on the sixteenth-century lawyer Benvenuto Stracca and his treatise De mercatura and other early works on commercial law. Until that time commercial law had not been a separate field of law, worthy of treatises for its own sake. The accompanying bibliography will help you to explore this theme further.

Online exhibitions are often created for educational purposes. When you consider carefully the amount of research involved, the care bestowed on clear presentation and insightful writing, and the often beautiful design of special websites, you should not hesitate to admit their value for research and academic teaching. Sometimes individuals create websites around themes, without the help of a back-office team, and it is tempting to criticize the results in one way or another, but would you have taken the trouble to create them? Douglas Linder of the University of Missouri-Kansas City, creator of the Famous Trials website, is right to stress the fact that you need to consider the background of such websites. It is one thing to use his in my eyes very interesting set of pages on the Scottsboro Trials, and another to be aware of Cornell University Law Library’s special collection on these trials. Institutions such as the American National Archives, the Library of Congress, the British Library and the National Archives at Kew deliberately create different presentations for different groups within the public; the links lead you to overviews of their online exhibitions. Taking Liberties: The struggle for Britain’s freedom and rights is an example of an exhibition within the online gallery of the British Library. This section is clearly different from the corner with the research guides and the catalogues. No doubt readers of Paul Halliday’s Habeas Corpus. From England to Empire (Cambridge, Mass.-London 2010) will find the treatment of habeas corpus in this exhibition incredibly brief and not up-to-date, but at the very least it is not given undue prominence. Other themes concerning liberties and freedom deserve attention, too, and there is no denying the judicious use of sources and images in this exhibition.

Anyone who thinks his or her institution can do a better job, should try to follow the arduous road from initial enthusiasm through hard work to a captivating and interesting website well worth visiting. Some libraries do not only create online exhibits, but also small dossiers. In past years the Dutch Royal Library has created such dossiers on the abolition of the death penalty and on the sixtieth anniversary of the Universal Declaration of Human Rights. Links to important websites or a congress ensure that you are invited to look beyond these dossiers. To compensate for the Dutch only version at this website I offer you the overview of online exhibitions of the International Institute for Social History in Amsterdam. From the almost embarrassing wealth of archives, digital collections and three (!) Virtual Libraries at the IISH I will only mention the History of Work Information System with occupational titles from five centuries accompanied by contemporary images, and the digital version of two economic enquêtes from medieval Holland, the Enqueste from 1494 and the Informacie from 1514, with a bibliography on both documents.

At the end of this post I would have liked to end with giving the link to a worldwide register of online exhibitions that emulates the functions for the Anglophone world of the site created by the Smithsonian Institution. As for now I have not yet found it, but writing this post has convinced me it is really worth searching for. The History Guide of the Staats- und Universitätsbibliothek Göttingen will lead you to some virtual exhibitions, for example on the German Holy Empire, but Clio Online-Fachportal für die Geschichtswissenschaften – with an interface in German, French or English – will bring you more. Surely similar sites exist which enable you to search for online exhibitions and much more, and if you know about them, please share your information with me. I guess the circle is round for today with finding thanks to Clio Online the online exhibition Birth of the Nation: The First Federal Congress 1789-1791 at the George Washington University. And if you prefer knowing more about rare legal books there is Mike Widener’s reading list, or even attending his course in June.

Arguing the law with Nicolaus Everardi

In the early sixteenth century some changes become already visible in the way lawyers approached the law. Not only was there a growing interest in the history of Roman and canon law, but lawyers began to free themselves from the framework offered by these legal systems. One of the signs of this are the titles of legal treatises, the growth itself of this genre, and a more systematic approach of law. Nicolaus Everardi’s book on legal argumentation, his Topicorum seu de locis legalibus liber (Louvain 1516) is an example of this development. The book of this Dutch lawyer who presided the Court of Holland and the Great Council of Malines became almost a bestseller because of the reprints published everywhere in Europe. Printers in Bologna, Basel, Paris, Lyon, Strasbourg, Venice, Frankfurt am Main and Cologne printed this book until the mid-seventeenth century. I have found eight reprints of the first edition and eighteen of the second edition.

On the blog of the Arbeitsgemeinschaft Frühe Neuzeit Klaus Graf recently criticized sharply the new database Early Modern Thought Online (EMTO) of the Fernuniversität Hagen that enables you to search for editions of texts in the broad field of early modern philosophy and thought. The EMTO database notes in the search results the availability of online versions. In this respect Graf saw major shortcomings, because EMTO does not harvest its results from some of the major sources for early modern texts online. During my searches in digital libraries I have often looked for a digitized copy of an edition of Nicolaus Everardi’s book on which I wrote my Ph.D. thesis. Against all expectations it was EMTO that finally brought me to a digitized edition of the Topicorum liber, often printed with the title Loci argumentorum legales. More in line with Klaus Graf’s review is the fact EMTO includes only one digitized edition from a library where in fact several editions of it have been digitized, including the editio princeps of 1516. Graf ends his short review with recommending a search strategy. The German Wikisource website has a page on the creation of bibliographies and the collection of bibliographical data which amounts to a guide for searching digitized books. The proof of the pudding of a search strategy or a database is its practical use and effectiveness, so let’s proceed to test it for Nicolaus Everardi (around 1492-1532).

EMTO points to an edition of Everardi’s book made available by Google Books. However, a quick look at the book shows a shelf number and a book mark of the Bayerische Staatsbibliothek in Munich. Google Books indicates more editions have been digitized, and it is strange EMTO does not include this information. Until recently the Digitale Sammlungen formed the only gateway to the books and manuscripts digitized at Munich. These rich collections contain digitized works of Everardi’s name sake, Nicolaus Everardi of Ingolstadt (1495-1570). The new OPACPlus offers more search possibilities than the Digitale Sammlungen. It appears not only editions of the Topicorum liber have been digitized but also his Consilia (Arnhem 1642, a late edition) and even four editions of the Synopsis locorum legalium, a reworking by Georg Adam Brunner (Magdeburg, around 1555, Darmstadt 1610, Ingolstadt 1643 and Regensburg 1671).

The Bayerische Staatsbibliothek has digitized the editio princeps of 1516, the reprints Bologna 1528, Paris 1543 and Basel 1544. A second augmented edition appeared for the first time in Louvain in 1552, posthumously edited by sons of Everardi, and the reprints Lyon 1564, Venice 1567, Lyon 1579, Frankfurt 1581, 1591, 1604 and 1620, Cologne 1662. Thirteen digitized versions is more than I could have imagined!

Searching Nicolaus Everardi

Which books by Nicolaus Everardi do you find following the bibliographical strategy recommended by Klaus Graf? I will use also Graf’s general Leitfaden, his compact guide at the NetbibWiki. The Karlsruher Virtueller Katalog (KVK) is the first major tool to use. This meta-catalogue searches in library catalogues and collecitve catalogues worldwide and increasingly indicates digitized books. To show its range and depth I will take the example of the edition Paris 1543, the only result given by EMTO. When working on my thesis I had only found copies of this reprint in Munich, one at the Bayerische Staatsbibliothek, the other one at the other side of the Ludwigstrasse in the university library of the Ludwig-Maximilians-Universität München. The KVK shows copies of the 1543 reprint in Rostock, Halle, Dresden and Washington, D.C. in the Library of Congress. Somewhat surprising remains its absence in French collections. The German Wikisource has a fine list of digital collections. Searching in them will take more time, but is the obvious thing to do. To this German list I would add for completeness’ sake in the field of wiki’s the list of digital library projects on the English Wikipedia.

Let’s continue with the search tips of the Wikisource list. OAIster is since a few years integrated with WorldCat, an initiative to search in library catalogues worldwide. After having seen the results found by the KVK OAIster’s harvest is very minimal, just one book written by the Ingolstadt namesake of Nicolaus Everardi, and not surprisingly digitized at Munich. OAIster’s slogan “Finding the pearls” sounds a bit hollow to me. At this moment six of his works have been digitized. The Bielefeld Academic Search Engine BASE does find only these six works at Munich, because only the documents in the Digitale Sammlungen are among the repositories harvested by BASE. Using the Europeana library portal brings you to twenty results. Only one Munich copy of an edition of the Synopsis by Brunner is noted here, the six works of the Ingolstadt Everardi are present, and nine results from Munich specifically for my Everardi. The university library at Ghent has digitized the reprint Lyon 1579, and the Göttinger Digitalisierungszentrum the reprint Frankfurt 1604. Europeana finally shows bibliographical information for the reprint Bologna 1528, Venice 1539 and 1567 with images of the title pages made available for the census of Italian imprints of the sixteenth century.

The Wikisource list continues with a number of German tools. The BAM portal, a portal to German libraries, archives and museums, mentions almost 200 search results for Everardi, fourteen of them for Nicolaus Everardi, three for the Ingolstadt law professor and one for a Memoriale juridicum created by Georg Bucksulber from Everardi’s work. BAM finds the Consilia of the Ingolstadt Everardi (2 vol., Frankfurt 1603-1604), but not one digitized book for this test case. The list mentions ZEVEP which searchs in repositories and publishers’ catalogues, and the OPUS site at Stuttgart mainly presenting modern materials in digital repositories of German universities, with nothing for my example. EROMM, the European Register of Microforms and Digital Masters, does bring just one result for my case. The Zentrales Verzeichnis Digitalisierter Drucke seems promising. It yields all digitized books in Munich of my example, but it succeeds in presenting as separate objects the parts of the alphabetical index in the edition Frankfurt 1604 held at Göttingen. I will not tediously list all German catalogues. One of the more interesting is the Okeanos server of the library centre for Nordrhein-Westfalen and Rheinland-Pfalz. This centre has also created Digibib which enables you to choose libraries anywhere in Germany, to use it as a meta-catalogue for all Germany, or to use links in its generous link selections. The HEBIS portal from Hessen is leaner than Digibib but brings less search results for my case. Intriguing and frustrating is the link to a digitized manuscript of Nicolaus Everardi Ingolstadtiensis at Stuttgart, Württembergische Landesbibliothek, HB VI 15, a persistent link unfortunately not – or not yet – correctly resolved. Searching directly at the website of the Stuttgart library did not bring me to this manuscript.

The overview at the German Wikisource has not forgotten other countries. In passing the TROVE website of the National Library of Australia is noted. The clear presentation of the different types of search results make it certainly look like a kind of treasure trove, but it brought me for this very specific case only a few useful results. The Pionier portal to Polish digital libraries is in principle the kind of tool which should bring results covering many or all digital libraries in one country, but alas without results for my Dutchman. Wikisource continues with a brief section on digitized manuscripts, scientific journals and newspapers. The low rate of digitization in Switzerland is lamented, but to E-rara one can at least add retro-seals for digitized journals, the mainly Francophone RERO DOC digital library of the West Swiss library association, and for manuscripts e-codices. Dana Sutton’s Philological Museum deserves well-earned praise for his efforts to create an analytical bibliography and to locate copies of digitized books with texts in Neo-Latin written after 1500. As for now only the Ingolstadt Everardi is to be found here. Elsewhere Graf almost groans about finding out about the holdings of digital libraries in Japan, but here progress is surely possible as shown at the “DigiMisc” page of the NetbibWiki.

Some conclusions

Perhaps the Everardi case is too much a case of a rare book, a rather paradoxical conclusion for a book reprinted so often during 150 years and even having its own offspring in the form of a Synopsis and a Memoriale, but some conclusions seem clear. Using the major collective catalogues and meta-catalogues is indeed the best point of depart. The KVK and its sisters for theology and religious history, the Virtueller Fachbibliothek Theologie und Kirche and the Kirchlicher Verbundkatalog, combined with Digibib and the BAM portal, give Germany a very dense coverage. Given the fact that Europeana exists only a few year it is no wonder its results can sometimes seem meagre. Wikisource did not mention the European Library, the consortium of Europe’s national libraries. The Wikisource page does offer a useful general approach to digitized books, and not just a handy list for checking bibliographical data. The NetbibWiki, an initiative of Klaus Graf, offers far more detailed pages on many aspects of libraries and digital collections, for example for incunabula. It helped me very much creating my own page on digital libraries with a focus on law and legal history.

To me the best practice seems to start using the major meta-catalogues, such as the KVK, Melvyl (California), the Belgian LIBIS networkURBS and maybe the Vatican Library as a class of its own, then to go to the large digital libraries and specific national digitization projects, and finally to use the collections assembled for the field of legal history, history and law. This is a world awaiting to be conquered, and surely searching digitized materials will still consume time. However, taking into account this triple approach means also you are following the path set out by Everardi who discussed among his forms of legal argumentation a enumeratione partium, “from counting the parts”.

A postscript

Klaus Graf points at his blog Archivalia to a list of French digital libraries at Bibliopedia. Karen Reeds points to the Internet Archive, only briefly mentioned in the list on Wikisource. It contains a growing number of books from American and Canadian libraries, and the search possibilities of the Internet Archive deserve close attention.

For old juridical books it is never too late to check the holdings of the Max-Planck-Institut für europäische Rechtsgeschichte in Frankfurt am Main and this institute’s catalogues of old editions created by Douglas Osler. National bibliographies, bibliographies of legal books – e.g. the Bibliography of Early American Law by Morris L. Cohen (6 vol., Buffalo, N.Y., 1998; supplement 2003) – and special bibliographies for old editions, some of them online such as the Short Title Catalogue Netherlands, the Short Title Catalogus Vlaanderen for Flanders, the German VD16, VD17 and VD 18 (with digitized copies), the English Short Title Catalogue, the Italian EDIT16 and the Catálogo Colectivo de Patrimonio Bibliográfico Español, should not be forgotten. Book History Online is a database of the Dutch Royal Library in which you can search for bibliographical literature.

What makes a book rare?

No doubt in 2011 rare books will show up in this blog. But what makes a book rare? I had no idea I would write about rare books in my first posting this year, and perhaps this fact helps to understand the word rare better. Instead of rare, meaning only seldom seen, known to be present at only a few locations, rare often has the added quality of being unlooked for. The departments of research libraries for Rare Books and Special Collections often combine this approach of bringing together manuscripts and books that have survived the centuries, editions of texts once common but now only found after extended research, and books and items brought into the possession of a scientific institution in a remarkable way. A scholar left his book collection, his research notes, lectures or papers to a university library, or a librarian succeeds at an auction in buying books on a particular theme. Sometimes a particular book was already a rarity at the time it left the press because of its contested contents or of its beautiful layout. It could have been printed on expensive paper or even parchment, and a priceless luxury binding increased its value, too.

You might have guessed that I somehow could not help spotting old books today, completely against the planning for new postings. I surfed to Belgica, the digital library of the Royal Library in Brussels. As an example of valuable editions now digitized the Royal Library presents in its showcase a volume with 43 juridical dissertations defended between 1652 and 1655 at the University of Franeker under the aegis of Johann Jacob Wissenbach (1607-1665). The accompanying note states these dissertations are not included in the Short Title Catalogue Netherlands (STCN). The STCN aims at presenting data on Dutch imprints between 1540 and 1800 present in a generous selection of major Dutch libraries.

Which facts would enforce the conviction that these old juridical dissertations once defended at a university in Frisia are indeed rare and worth digitizing? The volume came originally from the library of the dukes of Arenberg and was confiscated after the First World War. This story accounts at least for the unexpected way this volume came into the possession of the Belgian Royal Library, but surely more can be done to estimate its rarity. One of the major projects for digitizing old dissertations is housed at the Max-Planck-Institut für europäische Rechtsgeschichte at Frankfurt am Main. To its holdings belong more than 70,000 juridical dissertations defended at universities within the borders of the former Holy Roman Empire. At Frankfurt 31 dissertations from Franeker have been digitized, and the dissertations at Brussels are not among them. This fact can rightfully form an indication that the 43 mid seventeenth-century dissertations are rare indeed.

I will not make this post any longer than necessary, and therefore I will just indicate which further steps need to be taken to ascertain more about the rarity of this volume. One step is to look at the holdings of libraries worldwide for particular dissertations within this set. Modern meta-catalogues are truly catalogi omnium catalogorum, foremost among them the Karlsruher Virtueller Katalog. The KVK enables you to search in many catalogues – including collective catalogues – at the same time with just one search action; text search is one of the latest additions to the KVK. Neither the KVK nor a few other major collective catalogues mention these particular dissertations. The other way to tackle this question is the road of bibliographies. Ferenc Postma and Jacob van Sluis published for the Frysk Akademie a bibliography of publications from Franeker, Auditorium Academiae Franekerensis. Bibliographie der Reden, Disputationen und Gelegenheitsdruckwerke der Universität und des Athenäums in Franeker 1585 – 1843 (Leeuwarden 1995). Postma and Van Sluis did every effort to find disputations from Franeker wherever held. In my opinion one can state safely whether an old edition from Franeker is rare or not by referring to their bibliography. Tracking juridical dissertations and establishing their authorship is something for specialists indeed. On publications by lawyers from Franeker it is also useful to look at the Bibliografie van hoogleraren in de rechten aan de Franeker universiteit tot 1811 by Robert Feenstra, Theo Veen and Margreet Ahsmann (Amsterdam 2003).

Tresoar at Leeuwarden is the institution which combines the forces of the Frysk Riksarchyf and the Provincial Library of Frisia. For curiosity’s sake and because of the rich holdings housed at the former Treasury I checked for Johann Jakob Wissenbach in its catalogue. For Douvo Mellinga who held a disputation in 1654 contained in the set at Brussels a small volume survives with laudatory words by Wissenbach; to guess from the abbreviated title poems are concerned.

To round off for today, some books are certainly unlooked for! You will not expect Frisian books at Brussels. However, take for a random example a digitized book on Danish litterature at Tresoar in Leeuwarden, the edition Hafniae (Copenhagen) 1651 of [Runir] seu Danica literatura antiquissima by Ole Worm, is less surprising in view of the relatively small distance between Frisia and Denmark. I look forward to find more at the Belgica collection at Brussels, even if I have to inform you that the search function for this digital library does not work as expected. Using the normal catalogue and being alert for URL’s in the search results brings you to the digitized items, not just books, but also maps, music scores, drawings, engravings and medals.

A postscript

In this post I did not give a clear and succinct answer to the question whether the Brussels volume is rare indeed, but I can now safely vouch for its rarity. Checking for Douvo Mellinga in the Karlsruher Virtueller Katalog led me to the Gemeinsamer Verbund Katalog which shows at the Universitätsbibliothek Hamburg a volume with two sets of disputations from Franeker, 43 in the first and 59 in the second, all presided by Johann Jakob Wissenbach, printed by Arcerius (Franeker 1658). In this volume the first disputation by Bartholomaeus Franck seems to be identical with the first disputation in the Brussels convoluted set, and the eleventh disputation in both sets is by Douvo Mellinga. It seems the Hamburg online catalogue shows old or incomplete bibliographical data, or more probable, one assumed the publisher of the second set to be also the publisher of the earlier “first” set. Cataloguing old juridical dissertations is a task for experts, and I do not want to offend any librarian. Ferenc Postma send me a comment stating he and Jacob van Sluis have found some 500 “new” titles for a supplement to their bibliography.