Tag Archives: Social history

From rules to cases in medieval canon law: A tribute to Charles Donahue

Banner Cause Papers - Histiry Online and Borthwick InstituteWhen you would ask me to single out any legal historian for his or her versatility, path-breaking articles and books, stimulating teaching and generous help I would answer that choosing anyone would mean that I seriously underestimate the qualities of a lot of other fine scholars. On November 29 Harvard Law Today published an article about the honours lately bestowed upon Charles Donahue. In October a conference was held to celebrate his efforts in the field of legal history, both for the history of the common law and medieval canon law. This last field offered me the original impulse to start my blog, and therefore it is fitting to create space for a truly great scholar.

John Witte, Sara McDougall and Anna di Robilante edited a Festschrift called Texts and Contexts in Legal History: Essays in Honor of Charles Donahue (Berkeley, CA, 2016). Remarkably this volume does not yet figure on the website of the publishing institution, the Robbins Collection at Berkeley’s School of Law. Its website might be in the midst of a substantial makeover, including the launch of a new website for the manuscript catalogue, but this surely is an omission, yet another reason to get into action here. In this post I will focus mainly on Donahue’s work for the history of canon law, but you will not mind reading some remarks about other periods and themes which received and receive his attention. A third reason for writing this post is the opportunity to look at two most interesting projects for digitizing archival records which form a wonderful window to the practice of medieval canon law.

Taking the plunge

Photo of Charkes Donanhue - source: Harvard Law SchoolMy most vivid memory of Charles Donahue is the way he presented a paper at the International Congress of Medieval Canon Law in 1996 at Syracuse, NY. He commented on the needs to combine the qualities of research into legal doctrine, ecclesiastical institutions and social history. The three of them benefit immensely by being studied together, not in isolation. Of course this is a huge challenge, but Donahue memorably ended saying: “Let’s get out here and do it!” He did indeed exactly what he announced. One of the challenges is having the courage and stamina to work at all in a field like the history of medieval canon law which is both utterly fascinating and bewildering in its complexity. Critical text editions are still scarce, and you might be the first scholar since decades to look at particular manuscripts, or literally the first in centuries to study archival records.

Cover Charles Donahue "Law Marriage and Society in the Later Middle Ages - source Cambridge UP

In order to assess the possibilities to use archival records from medieval church courts Donahue set out to create a survey of these records with reports by a team of scholars from all over the world, The Records of the Medieval Ecclesiastical Courts: Reports of the Working Group on Church Courts Records (2 vol., Berlin 1989-1994). Earlier on he published with Norma Adams Select Cases from the Ecclesiastical Courts of the Province of Canterbury, c. 1200–1301 (London 1981; Selden Society Publications, 95). A recurring theme in a number of his publications is medieval marriage. In 2008 Donahue’s great study Law, Marriage, and Society in the Later Middle Ages: Arguments about Marriage in Five Courts appeared. Cambridge University Press provides online access to some 300 additional pages with notes and texts. The five courts in this work are York, Ely, Paris, Cambrai and Brussels. At his Harvard homepage you can download Excel sheets from the databases with the materials from these courts. Sharing these data with other scholars is wonderful when you realize how much work it takes over many years to prepare these materials before you can execute the kind of study Donahue did.

Projects at York

For one of the dioceses Donahue studied in his great book about medieval marriage, law and society you can now access documents online. Surprisingly there are even two connected projects which bring you to ecclesiastical justice in the medieval archdiocese of York. The first project to come online was The Cause Papers in the Diocesan Courts of the Archbishopric of York, 1300-1858, the fruit of cooperation between the University of York, in particular the Borthwick Institute for Archives, the Andrew Mellon Foundation, History Online and JISC. The Borthwick Institute provides you with background information about the digitized records. It is also instructive to read entries at the project blog which ended in 2011 with the launch of the database. The Cause Papers can also be searched online at the portal Connected Histories. It is a bit weird to see at this portal the label Local records applied to both the Cause Papers and the Proceedings of the Old Bailey. It is precisely a strength that they are also important sources for local history, but they can bring those investigating them much more.

The core of the project for the York Cause Papers (CP) is the database which allow you to search more than 15,000 cases from many perspectives. For a number of cause papers images are provided, but I cannot determine the algorithm or human reasons behind the selection. Looking for cases after 1500 can bring you to images of the records involved. Earlier on the Borthwick Instituted had published guides to the cause papers, W.J. Sheils, Ecclesiastical Cause Papers at York: files transmitted on appeal 1500-1883 (Borthwick Texts & Calendars 9, 1983), D.M. Smith, Ecclesiastical Cause Papers at York: the Court of York 1301-1399 (Borthwick Texts & Calendars 14, 1988), and D.M. Smith, The Court of York 1400-1499: a handlist of the cause papers and an index to the archiepiscopal court books (Borthwick Texts & Calendars 29, 2003). At the website of the Borthwick Institute is also a very useful guide to records from other courts at Carlisle, Chester, Durham, Sodor, the diocese of the Hebrides, and Man, all of them, however, for the period after 1500. The database of the Cause Papers brings you to summarized information about the cases dealt with in these records. If you want to look in it for matrimonial cases you will see at least 1,600 cases from four centuries. A search with the keyword matrimonial brought me 241 results between 1300 and 1500. Donahue prepares for the Selden Society the volume Select cases from the ecclesiastical courts of York, 1300-1500 which will contain some 400 cases from the Cause Papers.

Logo York Archbishops'Registers RevealedThe medieval records themselves are at the center of a second project at York, York Archbishops’ Registers Revealed, The digitized registers cover the period 1225 to 1646. The contents here are much wider than only legal cases, but they, too, appear. As one of the showcases in the background information you can look at documents concerning the divorce of king Henry VIII from Anne of Cleves in 1540 (Abp Reg 28, f. 142r). For this project 32 registers have been digitized (Abp Reg) and also five Institution act books (Abp Inst AB) from the sixteenth and seventeenth century. You can browse a particular register and browse for people, religious institutions and groups. locations and subjects, or use the free text search field. A simple search for marriage yielded some 300 results. Supplementary indexes exist already for three registers. These indexes are rather important. When you look under A for Anne of Cleves she is absent in the database because in the standard view only input from indexed registers is shown. You cannot reach directly for records for people not included in these indexes. It is evident that the case from 1540 was found using earlier indexes, and primarily the historical overview of matters at the beginning of a register. The need for indexing some forty registers with 21,000 digitized images is clear and just as important as compliance with IIIF, the initiative for interoperability between images from various sources, rightly advocated in this project. Having the digitized images in front of you on your screen is great, but some of the classic activities of the historian’s craft are still indispensable, if only for deciphering the texts. Maybe I can seduce you to have a look at ‘Under a magnifying glass’, a recent post on my second blog Glossae concerning juridical glosses from the twelfth century, where I compare a number of online tutorials for medieval palaeography. By the way, the Borthwick Institute has also started digitizing seventeenth-century visitation records from York.


For yet another diocese in medieval England, London, you can consult at home records thanks to the Consistory database created by Shannon McSheffrey (Concordia University, Montreal) using registers covering the periods 1467-1476 and 1487-1496. The database contains transcriptions and translations of documents for this last period. McSheffrey helpfully provides a generous bibliography of modern scholarship about late medieval civil and ecclesiastical courts in England. McSheffrey provides introductions to major themes in the cases from London, such as defamation, marriage and divorce, tithes, testaments, clerical behaviour, and matters as debt and perjury. You can approach the cases directly or look for specific subjects, people, locations, and also for depositions. The variety in possible approaches to these records is not new for those already familiar with medieval canon law, but surely this range of subjects covered by ecclesiastical law should make more people curious about canon law.

Among the supporting institutions of the Canadian Consistory project is the Ames Foundation, since many years led at Harvard by Charles Donahue. One of the online resources of the Ames Foundation are the page proofs of The Register of the Official of the Bishop of Ely: 21 March 1374 – 28 February 1382 edited by Marcia Stentz and Charles Donahue. I had used the word opus magnum for Donahue’s book on the comparative history of medieval marriage courts, but this edition deserves this description, too. Marcia Stentz’ calendar of the Ely register formed the starting point for a full critical edition. As an asset the Ames Foundation has also put online digital images of this register [Cambridge, Cambridge University Library, Ely Diocesan Records, EDR D2/1]. Establishing a correct numbering of all pages in this register is just one of the myriad things needed to pursue the long road to the final edition. At the first folio the Ely register has the heading Registrum primum causarum consistorii episcopi Eliensis (..), but this register does not contain solely cases heard in an ecclesiastical court. Other tasks and actions of an officialis, the episcopal judge, come into view, too.

I leave it to my readers to see for themselves the recent additions concerning medieval canon law among the online publications of the Ames Foundation, a remarkable feature of a society promoting the history of English law! You will also spot Charles Donahue’s name for his support for the online edition of Appeals to the Privy Council from the American Colonies: An Annotated Digital Catalogue, edited by Sharon O’Connor and Mary Bilder, but his work for the Ames Foundation reaches beyond specific editions.

Editions in the digital age

When reading this contribution you will notice with me a great variety in editorial approaches for online editions or presentations of late medieval church court records. The Cause Papers of York are accessible in a database, but you will find for cases before 1500 only detailed summaries of cases. The range over the centuries is great. I would view it as a search tool. York Archbishops’ Registers Revealed does give you access to digitized images, but the online indexation of the records has not yet been completed. Here you will need medieval and Early Modern palaeography, and you have documents from an even longer time span. The Consistory database for diocesan records from London offers you detailed access to transcriptions and even translations, but for just one decade. Here you can quickly focus on the cases. The edition of the Ely register is certainly both a classic edition enhanced with images, and in a way it is in a class of its own. The context of an ecclesiastical judge during eight years is here right in front of you. Depending on your personal interest as a scholar or teacher you will sometimes prefer a full edition, to provide either students with a quick road to a first encounter with a source, or inversely make the importance of auxiliary sciences clear by showing images of historical records. Each approach is to some extent perfectly valid and valuable. Space forbids me to discuss here the editions by Monique Vleeschouwers-Van Melkebeek for Cambrai and Brussels of records of the officialis, let alone her work on Tournai with probably the earliest surviving records from the late twelfth century. Donahue does use these sources, too.

At the end of this contribution I am sure that Charles Donahue would very much want to make this extensive comparison of editions in print and online. Of course I could only point to some aspects of Donahue’s work. It makes me eager to look at his work in more depth! Studying medieval law is one of the means to discover the great differences of law and society in place and time during a millennium. It teaches you to be wary about rapid generalizations and labels. I confess to be charmed and sometimes very much moved by the records of medieval courts and the way they can be made tell-tale witnesses of society at large, of life in all its dimensions, of people trying to lead their lives. Somehow human interest is the greatest when you see people facing the machineries of the law, be they cunning plaintiffs, helpless defendants, shrewd or wise lawyers. In its best incarnations as in the work of Charles Donahue studying and writing about medieval canon law is both part of legal history and the humanities.

Looking at Cuba’s legal history

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

Law and justice in Cuba

Header dLOC

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

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

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

Header Civil Code (1800-1923) - FIU Law

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

Latin American perspectives

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

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

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

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

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

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

A postscript

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

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

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

The legal world around American slavery

The advertisement for the slavery digital collection

Early October 2016 came a surprising announcement from a firm known for its licensed digital law collections which most users will visit only through on and off-campus access at university and research libraries, national libraries and law firms which can afford the costly yearly subscription rates. Although I have no intent to create here a platform to champion only the cause of Open Access I have tried to avoid writing about materials hidden beyond pay walls, because such blog posts would have a tantalizing effect on many readers. Kluwer, LexisNexis and WestLaw, to mention a few firms dealing with legal materials in many countries, and for the humanities for example Chadwyck, Gale, Adam Matthew and ProQuest have not yet figured here. However, when HeinOnline announced to create free access to its digital collection Slavery in America and the World: History, Culture & Law I immediately registered. I present here a personal tour of this project, well aware that this are experiences after just a few weeks, not the results of someone immersed into this subject over the years. On my blog slavery has appeared a few times as a secondary subject, but until now only once as the main subject of a post, ‘Remembering slavery’, about the abolition of slavery in Suriname in 1863 and its commemoration in 2013.

Making a tour

HeinOnline certainly has done some efforts to make its new collection as inviting as possible. Paul Finkelman (Albany Law School), the general editor of Slavery in America and the World, gives in the advertisement a concise overview of its main qualities. The core of this digital collection are the statutes and reported law cases concerning slavery in America – both on the state and the federal level – and the Anglophone world. There are more than one thousand pamphlets, many books on slavery and legal commentaries dealing with slavery published in essays and articles which are sometimes very difficult to find. In an introductory essay Finkelman discusses the historiographical background. He places the history of American slavery in the context of slavery worldwide, alas a continuing story in view of human trafficking and labor conditions which amount to slavery, and thus the history of slavery is not confined from around 1450 to the late nineteenth century. The collection contains numerous items from the twentieth century, too. Among libraries contributing to the digital collection Finkelman singles out Buffalo and Erie County Public Library.

The start screen of the slavery collection

Even without registering you can download the quick reference guide and the full introduction. Mentioning this you might smile like I do remembering the familiar instructions to students not to jump immediately to the matter you are searching for, but to make yourself familiar with a book by reading the preface and acknowledgements, scanning the chapters, checking for a bibliography, source references, credits for illustrations, and the presence of an index. It is seducing to jump into the ocean and go straight for your destination, but alas there is no plain sailing when studying the history of slavery. One of the assets in Hein’s digital collection are fifty monographs about slavery published by the University of North Carolina Press. Some of these books deal with the Caribbean and Latin-America, and this surely widens the dimensions of the project. The digital collection does allow you to browse all titles, periodicals and scholarly articles, and there are also a bibliographical section and a list of external links, the things users of other HeinOnline collections will expect as normal features. The meta-data of the titles selected for inclusion have been enriched with tagging about their position on slavery, the topics under discussion, the jurisdiction involved, and the document type.

For finding judicial cases the digital collection builds on Helen Tunnicliff Catterall’s Judicial Cases Concerning American Slavery and the Negro (5 vol., Washington, D.C. 1926-1937; reprint Shannon 1968) supplemented by state and federal cases, in particular from the United Stated Supreme Court. The statutes adduced stem not only from American states and the federal government, but also from former colonies. This sounds wonderful indeed, and I understand the lure of wanting to write as Finkelman does in his introduction that this collection “brings together, for the first time, all known legal materials on slavery in the United States and the English-speaking world”.

A complete collection?

How complete is this collection? There seems to be a paradox between the second half of the title of this digital collection, History, Culture & Law, and the claim to contain all legal materials. In my view questioning the completeness should probe in two directions in particular: First, are materials included for the periods that individual states had not yet entered the Union, and secondly, do statutes and cases indeed represent “all legal materials”? The collection contains slavery statutes from fifteen states, and federal cases from 24 states. The periodicals selected for inclusion are all marked as anti-slavery. You can imagine that in periodicals in favour of slavery sometimes more moderate views appeared. In theory a periodical might even have changed camps. No one can complain about the thoughtful inclusion of the British journal The Jurist and of sets of Congressional materials.

The section with scholarly articles and other documents has nine rubrics. For articles the year 1900 has been set as a useful divider. There are sections with book reviews, British slavery, cases and “foreign” – meaning non-British – cases. Judges, laws and statutes appear in separate sections, and there is even a section on “Historical Ancient Slavery” with a nice selection of articles in law journals up to a contribution by Paul J. Du Plessis from 2014. Before you start rejoicing too much it is time to read the notice these articles are only available online to subscribers or subscribing institutions. As a bibliographical asset this section is certainly most valuable. This brings me immediately to the section marked “Bibliography”. The first thing to notice here it is rather short. Relatively much space is given to reports, individual speeches and even cases. Some monographs appear twice for no good reason. You can view the titles only in two ways, alphabetically ordered by title or author.

The digital collection scores better with the fifty monographs published by UNC Press between 1985 and 2015. The list is not long enough to merit reworking in a database. Topics have been added to titles, something to consider at the very least for an update of the bibliographical section. With just ten links the choice of external websites is ridiculously small, even though I was pleased to see a link to a French website, Le droit des traites et des esclavages (CNRS). If this has been included to ensure this HeinOnline collection has a truly global coverage it does not come from its own strengths. I can understand to some extent the fear to point to digital collections from competitors in their branch, but this does not show much confidence. It is surely the global aspect that suffers most here.

However, not everything is as appalling as it might seem in these two last paragraphs. HeinOnline merits consideration on its own basic quality, presenting legal cases in a quick and convenient way. The search possibilities to find cases according to different characteristics are great, and you can download, print, enlarge and use other view facilities at will. The feature to link directly to other cases highlighted in the text of a case is most useful. The stream of relevant cases adduced here and readily available is most impressive and deserves praise.

I enjoyed very much looking at the section with digitized printed materials from the nineteenth to the twentieth century. You do not only find for example a nice choice of pamphlets and even volumes with collections of pamphlets, with special mention for the sixteen volumes of the series Slavery, Race and the American Legal System, 1700-1872: The Pamphlet Literature, edited by Paul Finkelman (Clark, NJ, 2007), and a number of useful bibliographies. The presence of novels, biographies, poems and songs does add a substantial cultural element to the collection. Only some forty items date from before 1800. A quarter of all digitized publications in the set stem from the period 1826-1850, and more than 400 items cover the period 1851-1875. The literature can be browsed in several ways (author, title, date and subject), and you can select literature using four filters (position, document type, jurisdiction, topic) with for each filter an apt drop down list of possible choices.

Alas more has to be said. I can accept as a matter of fact the citation forms used for the federal statutes, but would it not have been sensible to supply more information about the various state statutes used for this project? I am aware of The Indigo Book, the liber pauperum version of the Blue Book, with all niceties to refer correctly to all kind of legal materials. The legal problem of slavery in the United States during the nineteenth century was to a great extent a matter of apparent and real differences between state and federal jurisdiction and legislation, and – almost more importantly – their perception. In the bibliography of this digital collection I missed Eric Foner’s The Fiery Trial. Abraham Lincoln and American Slavery (New York 2010). Strangely Lincoln’s speeches are missing, too. Foner is not content with just following Lincoln’s political actions, but does at many point look at legal matters in particular states and on the national level. Foner looks at some of Lincoln’s 34 cases involving black people among the more than 5,000 cases Lincoln handled as a lawyer. I had expected to find in Hein’s open access digital collection the full texts of all cases, but instead you will find only references to them in the digitized literature and the summaries or at its best excerpts given by Catterall. No doubt this information will lead you elsewhere to the complete text of the relevant cases, but the claim “all legal materials” is diminished.

Logo of The Revised Dred Scott Collection

For one of the most influential cases in American legal history it is not only possible but necessary to look at the period between the original case before a circuit court and the epochal case before the Supreme Court ten years later. The new free digital collection does of course contain the Dred Scott case [Dred Scott, Plaintiff in Error, v. John F. A. Sandford 60 U.S. 393 (1856)]. I could not help noticing in the HeinOnline version under discussion how not every reference to cases adduced in this long verdict and the opinions of the judges has been highlighted and linked. In fact I would expect also highlights for and links to for the statutes invoked or mentioned in passing. The Dred Scott case started in 1846, and there is historical documentation for the subsequent phases of the case at the state level. Washington University, St. Louis, MO, has not only created The Revised Dred Scott Case Collection, but also a digital collection for St. Louis Circuit Court Records where you can find the original Dred Scott case and documents concerning seven (!) subsequent cases at St. Louis. In its section for judicial cases HeinOnline does not give a single federal case from Missouri, nor is any link to external resources given, not even at the Library of Congress. In this case Wikipedia does a better job.

Let my plea about this digital collection not only rest on the presence or absence of cases! Among the fugitive slave laws the Fugitive Slave Act of September 18, 1850, often referred to as the Compromise of 1850, stands out. It belongs in every collection dealing with this subject. To my utter disbelief I could not trace here the text of this landmark piece of legislation. In my search for an online version the exact text I seldom saw a correct and complete reference to the original act of Congress, let alone a legal reference. Here again Wikipedia got it right, although it does not include the text of 9 Stat. 462 [Chapter 60, 31. Congress, Session 1]. The Fugitive Slave Act of 1793 [1 Stat. 302] and even the Northwest Ordinance of 1787 are present; the latter is the very first federal statute of Slavery in America. It might be useful to add a concordance of popular names of laws and their official names.

Cases and statutes in context

I will not completely dismiss the efforts of HeinOnline for this new collection, but I can hardly avoid making some negative statements about it. It seems this firm thought it would suffice to create a historical version of their normal case finding system with the Catterall set as its heart, enhance it with a generous amount of relevant statutes, one thousand interesting (legal) pamphlets, and a thoughtful choice of recent scholarly literature, and launch it perhaps in conjunction with the long-awaited opening of the Smithsonian’s National Museum of African-American History and Culture in Washington, D.C.

Is it only a guess that HeinOnline has been blinded by its own success in making systems adapted to the needs of law schools? This new collection seems to me ideal as a tool on which law students in their first year can show some of their talents in finding legal information. However, even from a point of the development of American legal doctrine Slavery in America does not offer what it promises to do. With sometimes only incomplete cases it is impossible to determine what has been filtered out for any reason. If you believe legal history cannot exist properly without sufficient attention to legal institutions and social history, this digital collection is just a tool to be supplemented by other collections now widely available online, too, and a lot of them in open access.

As for the position of other countries you had better start inside the United States of America, by looking at the Territories, the states in North America that joined the United States between 1776 and 1861 but somehow are here undocumented, i.e. without cases and statutes. You might argue the materials from these territories are not United States legal materials, but they constitute certainly legal materials fit for inclusion. It is startling to see a collection marred by such barriers and omissions. Far more important is the fact that the subject of the place of slavery in law and society surfaced every time a new state wanted to enter the Union. Changes in political geography such as the Mason-Dixie line had immediate consequences regarding slavery, slaves and slave-owners, and former slaves. The thing that you would expect most here are the debates in Congress and in the various state senates concerning aspects of slavery. Of course I am aware this would result in a much larger digital collection, but I think this is necessary for a better understanding of statutes and cases. Hopefully such considerations will be taken into account for the massive Case Law Access Project at Harvard University.

To sum up my first impressions, HeinOnline has created an important but flawed digital collection. The 1,100 digitized publications form a great asset as do the digitized scholarly articles and periodicals. The digitized version of the Catterall set is most helpful. There are some distinct problems with the cases included and the internal references. In my view the choice of state statutes is too limited. The historical bibliography has some merits, but the list with external links is a howler. I pointed also to some real problems in creating a digital collection on this wide-ranging subject. Alas as for now you cannot find here “all legal materials” in open access. However, it does take courage and experience to bring such materials together in an easy navigable way. No doubt some of my criticisms can be easily repaired. Others should be addressed in a thorough explanation of the choices made in creating this digital collection. This will not only help law students and lawyers to benefit from this collection. On purpose I have not looked while writing this post at other reviews of Slavery in America and the World, but in fact I could only find a short announcement at the blog of the Canadian Osgoode Hall Law School Library.

Legal materials in open access

It would be wrong to create a picture of American law online as a treasure completely beyond the reach of normal people, but it certainly takes efforts to find legal materials for the United States online in open access. Creating here a full guide would take up too much space, but I can offer a kind of nutshell guide. To assess the role of commercial databases for American law you might want to look at Legal Databases: A Comparative Analysis (Center for Research Libraries). In particular the Hathi Trust Digital Library contains substantial materials in open access. Harvard Law School has a fine guide to legal materials in open access. The Legal Information Institute (Cornell University Law School) has an overview of state statutes in open access. The Jerome Hall Law Library (Indiana University) has created an online research guide for state legislative history. Sources in open access do not primarily bring you historical materials. Among the exceptions is The Supreme Court Database (Washington University), but this is primarily an indispensable search tool for decisions of the Supreme Court. The website of the American Society for Legal History has a fine links section guiding you to many aspects of US legal history. Anyway it is wise to start your online searches with the Law Library of the Library of Congress. Its web guide for U.S. States and territories is very helpful. Congress.gov is extending its coverage in the near future. Among the digital collections of the LoC you will find much that has relevance for the history of slavery, both in the section on government, law and politics, and in the African-American section. The American Memory portal of the LoC is sometimes more helpful in finding these collections.

By the way, HeinOnline is not the first firm in its branch to place some of its products in open access. LLMC Digital has created free access to The Documentary History of the Supreme Court of the United States, 1789-1800, Maeva Marcus et alii (eds.) (8 vol., New York, 1985-2004).

Slavery is a vast subject. On my legal history portal I hesitate to dedicate a complete page to it, but I do give there at least some of the websites which should help your research. The Yale Slavery and Abolition Portal is a good starting point, as are the digital collection of the institute behind it, the Gilder Lehrman Center for the Study of Slavery, Resistance & Abolition. You will not want to miss The Bibliography of Slavery and World Slaving, University of Virginia, Charlottesville, VA. I urge you to look for relevant online exhibitions in the superb database for online exhibits created by the Smithsonian Institution. Not yet included is the impressive virtual exhibit created by the Inner Temple Library in London, British Black History and the Law, which shows the long impact of slavery and discrimination. Among the best known digital collections concerning American slavery is the Samuel J. May Anti-Slavery Collection, Cornell University Library, but there is certainly more. If you want to check the quality of Paul Finkelman’s work in creating a set with a selection of pamphlets concerning slavery and abolition in facsimile you might want to look at some of the digitized pamphlet collections in the United States. For me it is a good thing to see that it matters indeed to look at pamphlets, too, when doing legal history. I feel happy to bring together commented links to relevant digitized pamphlet collections. If I have failed to detect things not clearly immediately transparent in Slavery in America and the World I welcome any constructive guidance to do more justice to it!

A postscript

For those who like myself would like to find the quickest way to US statutes in open access I add a link to the reinforced version of the Library of Congress’ Statutes at Large. The Fugitive Slave Act of 1850 can be found in the materials for the 31. Congress, but unfortunately the direct link to the relevant chapter (Ch. 60) was broken when I checked it. I am happy to report it has been quickly repaired. By the way, only after publishing this post I noticed it was Open Access Week

In the November 2016 newsletter about the collection HeinOnline points to additions and offers some guidance, in particular for the Slavery Quick Finder tool. In an image with an example the topic happens to be cases and trials based on one of the Fugitive Slave Acts. I tried to find one of these acts with this tool, but alas to no avail. The section with major statutes contains the statute of June 28, 1864 [13 Stat. 200; Chapter 166, 38 Congress, Session 1] which repeals the Fugitive Slave Acts of 1793 and 1850, with the year 1850 explicitly mentioned in the title, yet the 1850 document is still absent in this section. The links selection contains now sixteen links including some of the websites I mentioned here. In January 2017 the Fugitive Slave Act of 1850 was finally included at Slavery Online.

Digging up cold cases, a useful metaphor

The start of the Cold cases exhibit in Museum Flehite, AmersfoortA few weeks ago I visited an exhibition with a title which I had associated first of all with law and justice, Cold Cases Amersfoort at Museum Flehite in Amersfoort. Even its subtitle Oude skeletten, nieuwe ontdekkingen [Old skeletons, new discoveries] did not turn me away from making the short journey by train from Utrecht to the lovely small city of Amersfoort. The exhibition was certainly not exactly what I had in mind, but in fact the very difference between my expectations and the actual exhibition made me think. While walking in beautiful old Amersfoort and visiting two other historic locations it seemed these three locations each bring their own perspective. In a way this post is about some of the metaphors we often use almost without noticing them. In the light of a sunny Saturday afternoon they became visible again.

An archaeological approach
Logo Museum Flehite

Cold cases, these words worked for me like a trigger. You might associate it first with reconstructing and analyzing cases, but here archaeologists worked with some five hundred human skeletons, a reminder that however abstract analysis can become you meet here the physical remains of people who walked on the surface of the earth, just as we do now. These skeletons were found during the excavations of cemeteries on four locations, some of them attached to monasteries. Some excavations took place a few decades ago, but with new technical equipment the skeletons can now be studied in far greater depth than a generation ago. Think only about the way tiny fragments containing DNA can now be analysed in a way simply impossible twenty years ago. In this respect the title Cold cases is certainly aptly chosen.

Harm and violenceIn this exhibition you do not just have complete and incomplete skeletons. There is general information, there are showcases about individuals whose skeleton in some way can tell us vital information about their life. There is for example attention for the way you can determine gender and age, or detect traces of diseases. Some skeletons, in particular skulls, show the signs of accidents or violence, others are marked by the deadly effects of a disease. Syphilis came to Europe in the early sixteenth century, and its harmful presence is clearly visible once you know the tell-tale symptoms.

Reconstructing a girlPerhaps the most telling part of the exhibition is the room showing the reconstruction of the face of a young girl. She has received the nickname “The Girl with the Ear Clamp” because of the iron clamp used for head caps found in her grave. A lot of techniques and skills are necessary to reach the final result, a startling lifelike face. In order to bring especially young visitors closer to the work done to achieve such results part of the exhibition is a kind of study room with a laboratory. Every Wednesday an archaeologist can give you more explanations about the exhibition and the way archaeologists can now approach human remains. On other days a story-teller takes you back to late medieval Amersfoort, and on Sunday afternoons you can meet the challenge to reconstruct yourself a skeleton.

Food for thought

When I left a bit earlier than expected the exhibition at Museum Flehite I had enough time to visit two other historic locations. I went first to a museum housed in the remaining buildings of an Early Modern hospital, the Sint Pieters en Bloklandsgasthuis at the Westsingel. In fact it is the only still existing one of its kind in my country. The chapel built around 1500 and the men’s hall from 1536 have survived the centuries. On weekdays visitor can meet actors dressed as inhabitants who re-enact some inhabitants in the year 1907, just before the removal to new premises at Achter Davidshof. The choice to play out this situation with as its surroundings the situation of the nineteenth century might seem startling, but it would indeed be more difficult to stage people from the sixteenth century. The actors tell the visitors they do not yet know the new place and that they are excited and anxious about their new housing. Instead of telling in ample detail about their daily life, as indicated in an ordinance you can read in the main hall, they prefigure almost the way a historian approaches the past. You do not know what is around the corner of what someone will day or do in a few moments, unless a lifetime of patient attention, study and reflection over the years has taught you something fundamental about people living in particular times and circumstances.

My third visit on this afternoon in August was to the Mondriaanhuis, a museum documenting the life and works of the Dutch painter Piet Mondriaan (1872-1944), a pioneer of modern art, often associated with the De Stijl [The Style] group whose members favoured cubic forms and sparse use of colors. The museum is located in the very house where Mondrian was born. On the first floor there is a faithful reconstruction of his humble apartment and atelier on the attic of a Parisian house. Even the background noises and fragments of songs from the roaring twenties add to the atmosphere, as if the painter could walk in here any moment. Apart from documenting the life and works of Mondriaan this museum has also space for exhibitions that show his impact on contemporary art. To be honest, the Mondriaanhuis does have only a few works by Mondriaan himself in its holdings. I use the Dutch spelling Mondriaan on purpose!

Looking at the different approaches in these three museums is certainly interesting. At Museum Flehite there is much attention for the how of a reconstruction. At the old hospital there is a sharp contrast between the seemingly timeless space and the expectations of the last inhabitants about their new home. In the Mondriaanhuis the reconstruction of the attic in Paris evokes almost to perfection the surroundings of an artist in the world capital of art. Every approach has its values and shortcomings. I bring these museums together fully aware they cannot be compared completely at the same level, but any comparison goes faulty. We use metaphors from all kind of spheres of life together, often without noticing the funny effect of for example naval terms side by side with agricultural words.

Has archaeology any uses for legal historians? I was hoping this question would show up here sooner or later. When reviewing in my mind the three museums at Amersfoort I would say that any discipline can be important, either on its own or more as a kind of handmaiden in the role of an auxiliary science. At Bordeaux a symposium will be held on February 8-10, 2017 concerning the theme (Re)lecture archéologique de la justice en Europe médiévale et moderne, “An archaeological (re-)reading of justice in medieval and Early Modern Europe”. There will be three main sections, one focusing on justice and space, another on justice and the body, and the third on objects associated with justice. The way archaeological approaches and methods used more commonly by legal historians can interact with each other will be explicitly addressed. The deadline of the call for papers is September 15, 2016. If you think you can convince scholars to use with great benefit the ways archaeologists approach the past, or make inversely them aware of the particular and fruitful ways legal historians work, you are most welcome. Hopefully this post helps you to consider the role of archaeology for legal history, not to solve just one cold case, but to gain perspectives on cases that might be closer connected than you can see at the surface.

Cold cases. Oude skeletten, nieuwe ontdekkingenMuseum Flehite, Amersfoort – June 19 to September 25, 2016

For the common good: International legal history and collective action

Every month there is a growing chance of encountering some kind of commemoration of historical events and figures. Sometimes these festivities are indeed an opportunity to look at them with fresh eyes, but often these occasions can seem too much of a good thing. In recent years there has been a proliferation of international days, some of them just a funny parody, for example on March 31 the sixth Hug A Medievalist Day! On April 14, 2016 it is the International Legal History Day. At least one university, Harvard, organizes today a seminar about the practices and challenges of doing international legal history. It seems Harvard Law School wants to launch this day as a new tradition.

In this post I will look at two initiatives dealing with a concept which touches many countries and regions all over the world. Commons are shared stretches of land used and owned by several people. Commons can be defined as a type of collective action. An international research project is at the heart of this post, and I will also look at a digital library which helps you to trace relevant literature about commons. One of the features of this post will be the combination of global phenomena with local examples transcending the boundaries of nations and states.

Sharing lands, goods and much more

Header Institutions for Collective Action

When I first saw the portal of Institutions for Collective Action (ICA) I was genuinely surprised by the all-encompassing umbrella used to bring a number of institutions under one denominator. Commons are perhaps the institution most quickly associated with collective action, and they will certainly fill much space here, but there is more. Merely contemplating what kind of actions you will define as collective actions is in my view already a fruitful exercise. Five types of collective actions figure at the portal: commons, guilds, waterboards, beguinages and co-operatives. The ICA portal cites on its homepage Bertrand Russell’s dictum ‘The only thing that will redeem mankind is cooperation’. Currently there is a set of case studies from eight countries for the five types, with 23 examples for commons, four for guilds, eight for waterboards and only two for co-operatives, and typically for beguinages six examples from the Netherlands and Belgium. The eight countries are apart from Belgium and the Netherlands the United Kingdom, Greece, Portugal, Rumania, Spain and Uganda. The cases from Rumania concern commons, the example for Uganda is a co-operative project for micro-finance. In fact there are more countries: in the section for guilds France, Italy, Germany and China are added.

One of the strengths of this portal is the comprehensive coverage of many aspects of research into institutions for collective actions, and thus you are really looking at a veritable portal. You can consult not only the case studies and general overviews, but also online bibliographies, glossaries, datasets and sources, and you might be interested in the announcements of scholarly events. The section with debates highlights a number of general and specific questions about the types of collective actions figuring on the portal. These questions will certainly help you to refine your own analysis. I found in particular the discussion of the various forms of institutions for water management illuminating. The perspective on Dutch institutions becomes sharper thanks to the comparison with Spanish institutions. I really learned here something also about the Dutch variety of these institutions and the need to look at them more closely. The page with links to related projects shows the context of this project in which scholars at Utrecht have substantial roles. An offspring of the ICA portal are several projects which work with crowdsourcing. Inviting the public to participate in research projects by transcribing or indexing sources is in itself a kind of collective action. The heading Citizen Science is fitting indeed.

Website Vele Handen and the Ja, ik wil project

At least one of them should attract your curiosity because of its legal nature, the project Ja, ik wil (“Yes, I do”) for the transcription of pre-marriage acts between 1578 and 1811 from the municipal archive in Amsterdam, a resource with much more information about people going to be married than you will find elsewhere. The transcribing portal Vele Handen (“Many Hands”) contains more information about the project (in Dutch). In its turn this project serves a much larger research project of the ICA team to compare marriage patterns.

Banner Digital Library of the Commons

The main organization dealing with the history and current situation of common is the International Association for the Study of the Commons (IASC). At the website of IASC, too, you can find an overview of online resources. Some years ago I already encountered the Digital Library for the Commons, a digital collection at Indiana University, but so far I had not started to place this initiative in a wider context. The digitized literature in this library deals with commons on literally every continent, even Antarctica, but not the Arctic region. The simple search mode, the advanced search mode and the filters for browsing are most helpful. In my view it is stimulating to look here, even if you do not quite find what you are searching for.

Although it is easy to expand the fairly summarized information presented here it might work better to keep this contribution shorter than usual. Environmental history is just an example that can be connected with studying commons. At the blog Environment, Law and History you can pursue this direction. Global legal history and comparative legal history do not appear here for the first time. The theme of international legal history deserves attention, and not just on one particular day every year, but the idea is surely valuable. When I started this blog I promised my readers to look for themes and subjects from around the world. There are enough countries, regions and landscapes about which I can write here. Perhaps it is more important to discuss them here not for the sake of completeness, but preferably and more interestingly in connection with the kind of problems and questions which belong to the world of legal history.

Images and the road to the French Revolution

After all attention given to texts from and concerning the French Revolution it is now time to turn to resources for digitized images from the eighteenth century. Texts about tolerance and its counterpart intolerance create – deliberately or inadvertently – images of targets, and also of cherished values and attitudes. Take Voltaire: he was a playwright, and apart from his obvious rhetoric talents we should acknowledge his ability to present matters in a dramatic way, to stage stories and bring them vividly before the eyes of the mind and into the hearts of his public. How to find French caricatures from his time, and what did Voltaire think himself about them? This post continues the series starting with Laws and the French Revolution and followed by Some notes on the history of tolerance.

Among French pictorial resources one of the best starting points is the image database of the BnF. You will encounter a rich choice of French historical images at the portal L’histoire par l’image, 1789-1939. Images from the nineteenth century with also five years of the century before it can be traced in the records of the French legal deposit at Images of France, 1795-1880, yet another ARTFL resource. The Joconde database enables you to search for images in the collections of French museums. Another major resource is the Bibliothèque numérique de l’Institut National d’Histoire de l’Art where you can also search for books, manuscripts and archival records. The Moteur des collections at Culture is a very useful meta-catalogue to French collections, even when filtering your search results is sometimes difficult. We encountered already the images section of the French Revolution Digital Archives, a vast collection that luckily is not strictly limited to images created since 1789. Some two hundred images can be found at Liberty, Equality, Fraternity: Exploring the French Revolution, a virtual exhibition of the Georg Mason University and City of New York University.

Looking at Voltaire

Saeculi Lumen - j'éclaire - anonymous copy after a silhouette by Jean 'Voltaire' Huber - London, Beritish Museum

Saeculi Lumen – J’éclaire – anonymous copy after a silhouette by Jean ‘Voltaire’ Huber – London, British Museum

Images of Voltaire himself are also part and parcel of virtual exhibitions such as those of the Bibliothèque nationale de France (BnF) in Paris about Candide (1759) and a similar one of the New York Public Library. The BnF has also a dossier about Voltaire and the collections about him at Paris at Saint Petersburg, with a useful list of works by Voltaire digitized at Gallica. At Trier, too, a virtual exhibition about Candide has been created. Yet two kinds of images are really hard to find online, caricatures showing Voltaire, and images of him using an almost archetypical technique of the late eighteenth century, the silhouette. One of the greatest masters of this art is directly related to Voltaire’s life, the Swiss artist Jean ‘Voltaire’ Huber (1721-1786). I have to confess that I had hoped to retrace a complete series of his silhouettes of Voltaire, but this is very hard to find. Tantalizing the image database of the BnF has two cartons from which Huber made a number of his silhouettes with Voltaire. Both the Château de Voltaire at Ferney-Voltaire and the Musée historique de Lausanne are currently closed for renovation. The collections web site of the museums in Lausanne brings me some paintings by Jean Huber, including the intimate portrait showing Voltaire in the early morning, the Lever de monsieur Voltaire. In the database of the Swiss Institute for Art Research I did find some silhouettes by Huber, but alas not his famous images of Voltaire. A more systematic search using the links collection of the Voltaire Foundation in Oxford brought me to the iconography section of the online bibliography of the Société des Études Voltairiennes in Lyon, but here, too, I searched in vain. The blog of the Voltaire Foundation is most interesting , but one has not added yet a search function. However, this institution provides us also with a good dossier on Huber’s painting La Sainte Cène du Patriarche (around 1772) for which sketches exist.

"Voltaire: Départ pour les Délices", drawing by Charles-Germain de Saint-Aubin - Waddesdon Manor

“Voltaire: Départ pour les Délices”, drawing by Charles-Germain de Saint-Aubin – Waddesdon Manor

It is only natural that Voltaire as a master of satire became himself the object of caricatures. On my legal history website I have included among the virtual exhibitions a number of image collections containing eighteenth-century caricatures, but it lacks a specific resource for the French Revolution. With some luck I found a wonderful online resource at Waddesdon Manor, Aylesbury, Buckinghamshire. The collections of this stately house were brought together by members of the Rotschild family. You can search directly in the Saint-Aubin collection with drawings by Charles-Germain de Saint-Aubin (1721-1786). Two of his comic drawings in the unique album with some 400 items called Livre de caricatures tant bonnes que mauvaises show Voltaire. In 2012 the digitization of this album was completed. It is surely surprising to find this rare resource among the more august objects of the collections at this location. In my view this album is a splendid source which enriches and changes considerably our views of visions on eighteenth-century France.

Finding old cartoons and caricatures

There is a great gateway to online collections of cartoons and caricatures at EIRIS, the Équipe Interdisciplinaire de Recherche sur l’Image Satirique. The very useful links section will bring you for example to a great list at arthistoricum of French creators of satirical drawings. The major drawback for me it is its focus on the nineteenth and twentieth centuries. The image section of the French Revolution Digital Archive contains ten satirical scenes among the nearly eighty pictures with Voltaire. You will find more than one thousand satirical scenes among the 13,000 images, and some 35 items mentioning or showing silhouettes. The search functions in the FRDA are indeed superior to those at the images website of the BnF, but the FRDA is restricted to the period 1787-1799. The BnF did its very best to provide FRDA with new photographs of relevant items.

One of the points worth noticing here is that French cartoons were already an established genre long before Honoré Daumier (1808-1879) started creating his famous drawings of French society. The title of the BnF’s virtual exhibition Daumier et ses héritiers is therefore somewhat misleading, even though admittedly his images of lawyers are among the most stereotyped cartoons of any profession. Dieter and Lilian Noack have created The Daumier Register, a database with an overview of Daumier’s work, and Brandeis University offers online some 4,000 lithographed drawings by Daumier. Another point is that a set of drawings or engravings in a particular collection can almost make a prolonged search for more general digital collections superfluous. The digitized Lexikon der Revolutions-Ikonographie in der europäischen Druckgraphik 1789-1889 (Universität Giessen) contains nearly 11,000 images with pictorial representations in European printed art of revolutions between 1789 and 1889, but more importantly it gives a theoretical framework to the role and importance of graphic images.

Let’s end here with a remark about digitized portraits: you might want to search yourself for other portraits of Voltaire. A large number of links to digital portrait collections has been put together on the website of the Trierer Porträtdatenbank.

For some readers the link with legal history in this contribution might seem very weak or simple absent! However, I would adduce here the fact how art can be a law to itself. Cartoons have a peculiar position between more elitist art forms and popular culture. Caricatures seize upon imagination, but surely are linked to facts and opinions, too. The role of law and justice in Ancien Régime France was a hotly debated matter, and this debate must have touched all kinds of contemporary media. One of the things meriting further research is the role of illustrations in French pamphlets and broadsides. A quick first search using the relevant digital collections for France list on my own page for digitized pamphlets did not yield anything, but my impression could be wrong. Perhaps one can extend such questions also to illustrated chapbooks – in particular the Bibliothèque Bleue de Troyes – and ballads. However, my habit to put too many subjects in a single post should not prevail again. Having here links to many interesting collections only one mouse click away should form an invitation to explore things yourself. In future posts you will encounter legal history again in its widest possible variety!

Legacies in brick

The main building of the Bruntenhof, Utrecht

Somehow the walking historian has not appeared at all here this year, but I did certainly walk in 2015 at various locations. One of my recent tours led me to a subject fit for a new contribution. In the old inner city of Utrecht you can spot among the nearly one thousand historic buildings at least three buildings with a clear connection to lawyers from the sixteenth and seventeenth century. Two of them still have a function connected with the aim of their founders. In this post I would like to introduce you to the three buildings, their background and to the lawyers who founded them.

The Bruntenhof

The first foundation I would like to show you is the Bruntenhof, a charitable foundation created in 1621 by Frederik Brunt. Its buildings have been lovingly restored between 1979 and 1983. For some reason the very sign at the entrance “ANNO 1621” has not yet been renewed after recent painting work. You can find a lot of information about old buildings in Utrecht in the Utrechts Documentatiesyteem (UDS), with maps, old and modern photographs, research notes and scans of relevant publications about historic buildings. At present the Bruntenhof is a property of the Utrechts Monumentenfonds, a foundation which owns more than one hundred historic buildings. Their website gives a good succinct overview of the history of the Bruntenhof. Frederik Brunt used the garden of his own home Klein Lepelenburg as the space for his foundation with fifteen small houses called cameren, “chambers”, houses with just one room. Brunt also made provisions for fuel, food and other means of livings, and this made his foundation uncommon. His heirs did something which Brunt must have intended but had not dictated. As a Roman Catholic living in a protestant country he wisely did not say anything about religion in the foundation charters, but he wanted poor Roman Catholic widows to live in the Bruntenhof.

I tried to find more information about Frederik Brunt, but apart from genealogical information nothing did surface immediately. Interestingly, I did find online the registration of his death (“Mr. Frederick Brunt, licentiaet”) on March 30, 1622 in a transcribed register for the tolling of bells of Utrecht Cathedral (register van overluiden) between 1614 and 1651 [P.A.N.S. van Meurs, Overluidingen te Utrecht 1614-1651]. This register mentions often the occupations and academic degrees of the deceased, and thus you might use it also to find quickly other lawyers in Utrecht during the first half of the seventeenth century. It was surprising to find this register among other digitized resources for the history of Utrecht at GeneaKnowHow in its section for digitized sources. There is a much more reliable modern transcription of a similar register for the years 1562 to 1614 which shows the sums paid for tolling the bells. For quick information about persons not included in biographical dictionaries such registers can be quite useful. The time the bells tolled and the amount of money often show the status of the deceased. J.W.C. van Campen, for many decades head of the municipal archive of Utrecht, made many notes about the area around the Bruntenhof and the Brunt family [Utrecht, Het Utrechts Archief (HUA), Verzameling historisch werkmateriaal, no. 666].

The Gronsveltcameren

The Gronsveltcameren

Smaller than Brunt’s foundation are the six cameren, one-room buildings erected in 1652 to fulfill the will of Johan van Gronsvelt who had stipulated this should happen when his wife died. A stone in the building indicated he was a barrister at the Court of Utrecht. The register mentioned above puts his death at August 5, 1642. These houses stand originally in the Agnietenstraat, but they had to move in the eighteenth century for another foundation, a combination of orphanage and surveyors school, the Fundatie van Renswoude (1754). In 1756 the houses were rebuilt in the Nicolaasdwarsstraat near the Nicolaaskerk (St. Nicholas). An inscription with a chronogram in it to show the year to those people who know this kind of riddle. The second half of this inscription merits attention, Uit liifde puur gesticht door loutre charitaat / Tot Bystand van de lien om Godswil anders niit, “Founded from pure love by charity alone / As a support of people for Gods will and nothing else”. A second inscription below it tells us about the removal in 1756.

When walking here in November an acquaintance pointed to the difference in the model of the rain gutters which according to her had to do with the religious background of the people living in a particular house. In fact there had been a fight over the management of this foundation and after a split-up maintenance was done differently ever since. Nos. 1, 2, 5 and 6 were maintained since 1719 by the Roman Catholic almshouse, the other two by the original foundation. In 1746 the almshouse itself was split into an “Old Catholic” office responsible for the houses 5 and 6, and a Roman Catholic office for nos. 1 and 2. After the removal of 1756 different ways of maintenance continued. A housing corporation currently owns the Gronsveltcameren.

Of course I have looked at the inventory of the archive of the provincial court of Utrecht kept at Het Utrechts Archief, but there is no separate register of advocates and barristers. However, with the third lawyer we will look at a person whose legal practice, too, will come into view.

Evert van de Poll, a veritable founder

The workhouse founded by Evert van de Poll

At the other side of the Nicolaasdwarsstraat is a much older building, a former monastery, the location of one of the foundations created by Evert van de Poll. Den VIIIen Septembris mr. Evert van de Poll, raet ende advocaet van de edele heeren Staten sLants van Utrecht, II uren met Salvator, XII gl. reads the notice in the account for the tolling of bells in 1602. The fine history of Utrecht University Library published in 1986 did tell the story of the books which entered in 1602 the municipal library, the core of the university’s library founded in 1636, but the exact date of Van de Poll’s death was not known thirty years ago.1 The books from Van de Poll’s legacy were inscribed with a note “Ex dono Ev. Pollionis”. However, the authors duly noted a notice from 1609 about his foundation of a workhouse for the poor. His explicit aim was to help and educate poor children in order to prevent them becoming vagabonds and people without work whose live would end badly.

This text echoes the very inscription found above the entrance of the workhouse, “(…) hating all idleness (…) erected for those who prefer to win a living with work above empty begging (…)”. The archive of this foundation at Het Utrechts Archief is not very large, and thus it is well worth pointing here to a resolutieboek, a register with decisions of the board of directors for the period 1634 to 1751 kept in the Dutch National Archives in The Hague as part of the archival collection of the Calkoen family [NA, Familiearchief Calkoen, inv. no. 1687]. In the eighteenth century the workhouse did not function properly anymore, and the main purpose became providing poor people with some money (preuve), paid with the rents coming from four apartments created in the former workhouse. Van de Poll founded a second workhouse at Amersfoort, and a small archival collection survives at the Nationaal Archief.

The inscription above the entrance of the workhouse founded by Evert van de Poll

Let’s look here somewhat longer at Evert van de Poll. He was probably born around 1560. His father had been the city secretary of Utrecht, and his mother was the sister of Floris Thin, the advocate of the Dutch Republic. In 1580 he started studying law in Leiden, and in 1587 he matriculated at Heidelberg. In 1597 he had become the advocate of the States of Utrecht. Recently John Tholen wrote in the year book of the historical society Oud-Utrecht about the humanistic interests of Van de Poll who exchanged letters with Justus Lipsius, and had even lived two years in his house.2 In Utrecht van de Poll lived in a large house on the spot of the present-day building at Drift 21, one of the houses formerly belonging to the canons of the collegiate chapter of St. John’s.3

Again at the Janskerkhof

Header Huizen aan het Janskerkhof

The banner image of Huizen aan het Janskerkhof

The website Huizen aan het Janskerkhof of Caroline Pelser gives a nice overview of the consecutive possessors of Van de Poll’s house near the Janskerkhof. Interestingly Van de Poll inherited the house in 1580 from Floris Thin. Nowadays Drift 21 is part of the inner city location of Utrecht University Library. Van de Poll’s printed books and manuscripts are at the modern building of this library on the campus east of the old city, where they are kept within the Special Collections. At her website Caroline Pelser has created a most useful index of important online finding aids at Het Utrechts Archief concerning law and justice in Utrecht, with also links to digitzed printed accounts of some cases heard and verdicts given at Utrecht in the seventeenth and eighteenth century, and last nut not least digitized printed ordinances for court procedure, both for the municipal court and the provincial court.

We have looked here at three lawyers and their contribution to Dutch society after their death, and surely more can be said about them and about their colleagues, but for now we have come to the end of this walk. The Janskerkhof has figured at my blog already several times, in particular in some seasonal postings. This year winter seems far away. In December the weather at Utrecht has even broken all records since 1901 for high temperatures. Anyway it is fitting indeed to end this year’s contributions again at and near the Janskerkhof. The States of Utrecht convened since 1579 in a former Franciscan convent at the Janskerkhof, in the twentieth century for thirty years home to the law library of Utrecht University. Between 1597 and 1602 Evert van de Poll must have visited this building often. A part of the Janskerk was since 1584 home to the city library and from 1634 onwards until 1820 for the university library. Next year I would like to look somewhat longer at Van de Poll, his books and his activity as a lawyer. I hope you liked this tour of Utrecht, and welcome here again in 2016!

1. D. Grosheide, A.D.A. Monna and P.G.N. Pesch (eds.), Vier eeuwen Universiteitsbibliotheek Utrecht, I: De eerste drie eeuwen (Utrecht 1986) 37-40.
2. John Tholen, ‘Zonder pracht of pomp : Evert van de Poll en zijn verlangen naar de muzen’, Jaarboek Oud-Utrecht 2012, 69-90.
3. Marceline Dolfin, E.M. Kylstra and Jean Penders, Utrecht. De huizen binnen de singels. Beschrijving (The Hague 1989) 330-335.