Settling things like gentlemen – duelling as private justice?

One of the main advantages of working together in a “laboratory of the humanities” is how we instigate each other to think outside our disciplinary boxes. “Privacy” is an excellent catalyst to this kind of interdisciplinary discussion, especially in historical terms. At the Centre for Privacy Studies, we are continually questioning the different ways in which each of our research specialities encompasses aspects of privacy and how we can approach these aspects in a non-anachronistic way. One of the methodologies proposed by the Centre for Privacy Studies is to identify priv* words (“private”, “privacy”, and other variations) in early modern sources, and to analyse in what context they are used. In my case, my first instinct was that I had never encountered any priv* words within my German sources. The words “Privat” or “Privatheit” were not commonly used in early modern German dialects (with few exceptions). My research is mostly on popular healing practices, so most of the books and treatises I examined would use terms like “Geheim” when talking about things that could be considered “private.” But on further inspection, one of my sources was hiding a priv* word right under my nose.

In one of the chapters of my PhD thesis, I worked on the treatise “Magiologia: Christliche Warnung für dem Aberglauben und der Zauberey.” Written by Bartholomaeus Anhorn von Hartwiss – a Lutheran pastor from Switzerland – and published in 1674 in Basel, this treatise described in detail the use of charms and ritual healing by the population. Since my focus at the time was on how this kind of practice was depicted in religious writings by Lutheran and Catholic authorities, I missed the minutia of a chapter of this treatise dealing with the morality of duelling.

Gioacomo de Grassi, True Art of Defense (1594)

In this chapter, Anhorn described how duelling is unchristian and goes against the laws of both God and Men. The justice of a duel would imply that God would have to interfere in defence of the innocent during the fight, therefore testing God’s will. Even if the righteous person wins, they still have taken a life, which is always a sin. After legal and theological arguments, Anhorn stated that duels should be forbidden as a form of proving innocence, but also as a practice to resolve disputes, to compare strength, to entertain, and to perform private retribution.

Anhorn, Bartholomaeus. Magiologia: christliche Warnung für dem Aberglauben und Zauberey. Basel: Johann Heinrich Meyer, 1674, p. 383.

The idea of “private” retribution (Privat-Raach) is fascinating in the context of duelling. We usually think of duelling as a matter of honour, as one-on-one combat to clear someone’s name. That would require formal arrangements, mostly with witnesses and established parameters for the fight: an ordeal of “gentlemen”.

Joachim Meyers Fäktbok (MS_A.4º.2), 1560s.

A duel between gentlemen would be a more “private” form of enacting justice or of settling between parts. The judicial system was slow and required proof that sometimes would be impossible to provide in cases of defamation. In this case, the “private” justice provided by the duel would have the desired public consequence of clearing a dispute or a personal offence that would affect how the community at large perceives the individual. However, Anhorn seems to be talking about this kind of duel more in item 1 in the list above (when the fight to death is not decided by a judge), or even 2.b (a duel as a way to resolve disputes). So why is he highlighting “Privat-Raach” in his list?

It turns out the term “Privat-Raach” seemed to be in vogue in the late 17th century. One of the first sources I found using the term is from 1644, the “Vinculum gratiae, Das ist: Heiliges und Starckes Bandt Deß Innerlichen und Eusserlichen Gottesdienstes der Glaubigen im Newen Testament”, by Wilhelm Christoph Heim. In this treatise, Heim wrote directly against the idea of justice as “an eye for an eye”, and stressed that the Scripture warns us against such private retributions (“Personal Privat-Raache”, p. 121). For Heim, the true Christian should prefer to suffer injustice than to let himself be moved by impatience (“Der gläubige Mensch soll ihm viel tausendmal lieber unrecht tun / als sich zur Ungedult und Privat-Raache bewegen lassen”, p. 123). In late 17th century legal sources, Privat-Raach seems to refer to all forms of vigilante justice.

Following my own stereotypical view of duels as nobles drawing each other’s blood for honour, I never thought of duelling as a form of vigilante justice. While I was surprised to find duels listed among practices like soothsaying, healing by prayers, and harvest rituals in a treatise against superstition, it makes sense that the idea that God would look down to ensure the victory of the righteous part could be seen as superstitious. Besides, if duelling were enacting one’s own sense of justice, it would go against divine punishment and undermined due process by the legal system. It would be interesting to investigate what is happening during the late 17th century that instigated the discussion over the morality of “private retribution”, and how it relates to other forms of judicial control in German-speaking areas during the same period.

Please leave any ideas or comments below, and disagreement is more than welcome. We can always settle things like gentlemen.

Early Modern Political Privacy: The Pragmatic and Conceptual Development

Upon my arrival at the Centre for Privacy Studies (PRIVACY) last month (September 2019), I was frequently asked about my approach to and interest in privacy. The proposal that I had put together for my interview and for the Centre focused on privacy within European court culture, paying particular attention to the concept of political privacy and how it can be identified within court culture. In the course of conversations with my colleagues and the Centre director, the main question that arose was: how are you looking at political privacy? This fundamental question shifted my focus from the traditional view of court culture to one encompassing different heuristic zones of privacy. Thus, began my journey of exploring the pragmatics, semantics and conceptual understanding of ‘politics’ and ‘private/privacy’ and the formation of the concept of ‘political privacy’ within my own research.

As I mentioned in the post, “Why privacy studies?”, throughout my doctoral research the focus on public spectacles and the public nature of the monarchy ultimately led me to ask about the private nature of the monarch, privacy within the very public European courts, and privacy within public spectacles. The public/private divide and debate has been going on for decades now, maintaining the traditional notions about the public and political sphere and the public nature of monarchy, court, and politics. However, I want to re-examine and perhaps deconstruct the dominant nature of the public sphere and illuminate the extent to which privacy and the private played a significant role, notably by women, in challenging the centralization of government, influencing sociability, shaping political culture, and questioning royal authority. Studies, including Heide Wunder’s research, have highlighted that women “exercised authority and political power” within the household, marketplaces and within the court, as well as influencing politics, thus challenging the customary view of women’s limited participation and providing a basis for political privacy. (1) This political influence has relied heavily on early modern “personal relations” and personal communication, which is another expression that needs to be analysed. (2) Hence, the need to establish the pragmatics and semantics in developing the concept. It was recently pointed out that political privacy potentially encompasses three specific aspects: privacy as an intrinsic element within political systems, privacy of an individual/institution becomes a politicised matter, or private interactions that had political significance. Of course, examining these three aspects within a specific case study is a large undertaking. I would eventually like to examine all three aspects in different studies. However, for the moment, I am interested in the private interactions/situations that have public consequences. Therefore, I am viewing political privacy as the informal, unseen, unheard actions and interactions of monarchs, court agents, diplomats, and families that attempted to influence policies, encourage religious conformity, shape identity and perceptions, and transform political authority.

“Ritratto di famiglia, Minerva, Amilcare e Asdrubale Anguissola”, Sofonisba Anguissola, c. 1559, Nivaagaards Malerisamling, Denmark

As a member of the interdisciplinary Dresden case team, I am using my expertise in court and political culture and the history of monarchy, combined with the site-based analysis approach of PRIVACY to examine the “notions of privacy at the interface of realm and household” within Dresden. (3) Additionally, I will examine this theme in a comparative study of the complex Holy Roman and German electoral court culture with the English royal court. It was during the initial phase of team discussions that my colleague and I identified parallel interests pertaining to Anna of Saxony. What we are trying to ascertain is whether the political and scientific networks forged through correspondence influenced the legal, cultural and political landscape within Dresden. Through applying the concept of political privacy, I have wondered if the extensive collection of correspondence and multiple interactions that Anna of Saxony had with other elite and royal women and men influenced political policies, strengthened or damaged foreign relations, and contributed to a civic, individual and rulership identity?

“Grundriss der Stadt Dresden”, Anton Weck, c. 1529

For example, in 1577 Elizabeth I of England sent letters to nine German princes, and one to Electress Anna of Saxony in Dresden. (4)

“The Procession Portrait of Elizabeth I”, Unknown, c. 1600, Sherborne Castle, Dorset

The discovery of the letter’s existence and the method of delivery illuminates its exceptional nature in that the Electress’ letter was sent among those designated for male ruling authorities in Germany. While it was not unusual for Elizabeth I to write to other noblewomen or consorts, the context surrounding the letter to Anna of Saxony are quite interesting. During the 1560s and 1570s, England and the Protestant territories in Europe were in discussions through ambassadors about the establishment of an alliance to combat conflict in the Netherlands and the French Wars of Religion. (5) August of Saxony, was at the centre of the “theological and political fracture” that threatened the Protestant alliance. The nine letters sent in 1577 included one sent to August of Saxony.

 

“Anna of Denmark [1532-1585], Electress of Saxony”, Lucas Cranach, c. 1565, Kunst Historisches Museum, Vienna

The original letter to Anna is based at the Sächsisches Staatsarchiv in Dresden, which my team members and I will be visiting in two weeks time, and I look forward to discovering its contents. However, based on my previous research on Elizabeth I and what I have been learning about the German electoral courts and Anna of Saxony, my hypothesis is that Elizabeth was writing Anna to seek help in persuading August to fall in line. Additionally, the uniqueness and informality of the letter could suggest a form of private communication that attempted to encourage religious conformity or unity.

The correspondence of Anna of Saxony is filled with possibilities to explore how private communication, especially between women, had political repercussions across Europe. I look forward to seeing what the archives will reveal next in my work on exploring political privacy. Furthermore, I welcome suggestions, feedback and ideas pertaining to the information provided herein. Please leave a comment below or feel free to send me an email.


(1) Heide Wunder, He is the Sun, She is the Moon: Women in Early Modern Germany, London: Harvard University Press, 1998, 162 & 166. 

(2) Florian Kühnel, “‘Minister-like cleverness, understanding, and influence on affairs’: Ambassadresses in Everyday Business and Courtly Ceremonies at the turn of the Eighteenth Century”, in Practices of Diplomacy in the Early Modern World c. 1410-1800, eds. Tracey A. Sowerby and Jan Hennings, Abingdon: Routledge, 2017, 131. 

(3) From original Dresden case study description composed by Professor Mette Birkedal Bruun and core scholars of the Centre for Privacy Studies.

(4) David Gehring, “Elizabeth’s Correspondence with the Protestant Princes of the Empire, 1558-1586”, in Elizabeth I’s Foreign Correspondence: Letters, Rhetoric, and Politics, eds. Carlo M. Bajetta, Guillaume Coatalen and Jonathan Gibson, Basingstoke: Palgrave Macmillan, 2014, 196.

(5) E. I. Kouri, England and the Attempts to Form a Protestant Alliance in the Late 1560s: A Case Study in European Diplomacy, Helsinki: Suomalainen Tiedeakatemia, 1981.

Why privacy studies?

As a center of excellence funded by the Danish National Research Foundation, the Centre for Privacy Studies gathers together interdisciplinary scholars to pursue notions of privacy within their respective fields. In September 2019, the Centre for Privacy Studies welcomed a new cohort of scholars from across the world to develop innovative research that furthers the field of privacy studies.

Four scholars from the PRIVACY team got together to discuss their research journey into notions of privacy. Natália da Silva Perez, who has been working as a postdoctoral researcher for a little over one year at the Centre for Privacy Studies, got together with new colleagues Frank Ejby Poulsen, Natacha Klein Käfer, and Dustin Neighbors to chat about each of their takes on privacy studies.

Frank Ejby Poulsen: For the most part, intellectual historians emphasize the written word as the source for their analysis; the field is mostly a text-based discipline. There are two main methods, the contextualist “Cambridge School” approach, or the Begriffsgeschichte approach. They both consider concepts from the perspective of the written language.  Notwithstanding, there has been a growing interest in including other types of sources; often, visual representations. Quentin Skinner is an example of this when he analyses Hobbes’s frontispieces for De Cive and Leviathan as summaries of the books’ arguments in one picture. Of course, he is not the first one to include sources that are not made of words as a source for intellectual history; e.g. Lucien Braun comes to mind, or Roland Barthes have worked on images in (the history of) philosophy.

Intellectual history, writ-large, focuses on productions of the mind–intellectual productions. The mind does not solely produce words. This is why I became interested in this project. The more I thought about it, the more I realised that the “concept” of privacy had much more to do than the mere written theoretical concept “privacy.” It is much more than that, it deals with emotions, feelings, spatial, intimate cognitive processes. Intellectual history needs to expand in order to touch on these topics.

Helmstedt Merian 1641

Colored engraving of Helmstedt by Merian in 1641 first published in the “Topographia Germaniae” in 1654 (public domain)

In my work, I examine interactions between intellectual productions and privacy, including the intellectual production of privacy. For example, at the University of Helmstedt (or Academia Julia), professors went from living the life of a bachelor to living in private households linked to the university. They were citizens of the city university inside the city of Helmsted. For me, it is interesting to have the opportunity to explore the relationships that were fostered by this environment. Professors gave public lectures under the university’s control, and private ones with little control for a fee. Paul Nelles has studied the teaching of historia litteraria in the 18th century. Professors recruited students through pamphlets and their wife and children were also involved in the recruitment. Practical knowledge and fashionable topics were taught in private. Professors’ households also offered lodging, meals, and other services for students-they were called “Bier, Brot und Küche” professors. Many “new sciences” were taught in private before they were taught in public. Can we talk of a market capitalization of knowledge? I hope to investigate that in my research here at PRIVACY.

Natacha Klein Käfer: I work in the field of charm studies and I was drawn to the idea of privacy studies because of the many methodological and theoretical challenges that these areas of inquiry share. Charm studies is a contentious discipline because our historical sources are always in between established categories: we study practical, everyday activities, like the use of amulets or short prayers, all of which were seen by their users as facilitating cures and helping with daily problems. This kind of popular knowledge is always in between religion and heresy, between medicine and superstition. Privacy Studies is similar: privacy is almost always defined as being in relation to something else, you know it when you see it, but it is difficult to define. I like that here at PRIVACY we work together to develop methods to identify historical notions of privacy in new ways. Privacy, in the sources and periods I study, most often depended on the practicalities of how people lived their lives. I focus a lot on local healers. These were keepers of private knowledge from people in their communities, and were often put in situations where they had to protect private information, like in the case of a witch trial.

“Beschwörer” from the frontispiece of the book “Magiologia: christliche Warnung für dem Aberglauben und Zauberey” Basel, 1674.

It is interesting for me to see historical instances of what happens when the secrets of the community go out and reach the ears of authorities. When I look at my sources, when I examine healers involved in witch trials, for example, I see that there is a concern about who is entitled to have or share certain private information, not only among the elite, but also among the common folk. The concern over private data being shared predates the idea of privacy as a right. So in my analyses, I am drawn to the consequences of privacy and also the negotiation of privacy between individuals and communities.

Natália da Silva Perez: During my PhD work, I realized something curious about the three women playwrights in whose work I focused: none of them had children. For instance, Sor Juana Inés de la Cruz says in a famous autobiographical letter that she had no inclination to marriage… that is why she decided to become a nun. But being a nun was also what enabled her to become a prolific writer, with several volumes of prose, poetry and drama published within her lifetime in Spain and New Spain. Perhaps counter-intuitively for us nowadays, the cloister was precisely what gave her the freedom to cultivate her mind. Another case is that of Lady Jane Lumley, a noblewoman whose father was close to the royal circle in England. She was not what we would recognize as a professional writer, but she was definitely a scholar, a researcher, and someone with a curious mind, and a very privileged education. In the privacy of her father’s household, she and her siblings received an erudite humanist education. They lived in an environment that fostered intellectual development… they had the best resources available for their learning… And them I also have the example of Madame de Villedieu, who was the first female playwright to have one of her plays featured at the court of Louis XIV. She spent many years of her life longing for the love of a man who did not love her back, so she didn’t have any family, nor did she get married until quite late in her life. These three women were from the elite (sure, Lady Lumley was at a much higher status than Sor Juana or Mme. de Villedieu, but even these two were not from lower echelons of their society; they had connections). The fact that they were privileged enabled them to study and write (helped perhaps by the fact that they ended up not raising children). Then, at the end of my PhD, my question was: how was it for women of lower strata of early modern societies? How did they conciliate their need to provide for themselves with their obligations of motherhood? What if they did not want to have children? That is why I decided to study sexual privacy for poor women.

Dustin Neighbors: Coming from the USA via the UK, I did not grow up with a cultural connection to royal history and monarchs. As a historian of monarchy and court culture, I have always been curious and interested in the unspoken loyalty and the magnificence of rulers of the past, and the interactions between rulers and their people. Throughout my doctoral research, I focused on the details and points of contact through public royal spectacles, ceremonies, public events, and itinerant monarchies, which afforded agency and authority to rulers. Public processions and itinerant monarchies were what instigated the idea of political privacy. Consequently, the question that I arrived to at the end of my doctoral research was: if rulers were so public, did they have privacy or have private moments? Private moments, for someone like Elizabeth I of England, had larger public consequences, as well as impacting early modern sociability and political culture.

“Queen Elizabeth I receiving two Dutch ambassadors”, unknown artist, c. 1575, Neue Galerie, Kassell, Germany.

For instance, during a hunting excursion in 1564, Elizabeth I engaged two French diplomats in a political discussion surrounding the possession of territory in France, that once belonged to England. This private moment highlights the discussion of political issues and its eventual public consequence of further damaging foreign relations with France. However, private was not just about the unseen and unheard but also about the designation of private spaces. Hunting was a public event, but with no one else involved in the hunting excursion except the Queen and the diplomats, the act of hunting and its environs became private spaces. The private exchanges that dealt with politics (broadly speaking) is why I want to study and develop the notion of political privacy. Is this a thing? Is it visible within the evidence? By expanding my research to examine the European royal and electoral courts, I am able to explore the similarities and differences that privacy had in shaping royal power, foreign relations, political and court culture in the early modern period.

So what will this blog be? Just as we began this discussion, this blog will be the home for notes during our respective research journeys… Here, we will jet down our unfinished (or even polished) thoughts, as we explore notions of privacy as they emerge in our work. We look forward to contributing to the dialogue on privacy studies and to fostering interdisciplinary conversations in the humanities and beyond.

Privacy Challenge Seminar: Family Secrecy and Privacy

With Associate Professor Karen Asta Arnfred Vallgårda, SAXO-Institute, University of Copenhagen.

Family Secrecy and Privacy

Every family has a skeleton in the closet, or so the saying goes. A dubious deed or a disgracing detail that is kept under wraps through more or less elaborate practices of secrecy. But what does this convey about the family and its relationship to society or the state? And how might a historical perspective help us better understand the nexus between the public and the private in contemporary society? The presentation introduces the collective research project The Politics of Family Secrecy, which examines practices of knowledge management related to different taboos in twentieth century Denmark, and reflects on the historical and contemporary connections between secrecy and privacy.

Karen Asta Arnfred Vallgårda’s research centers on political family and childhood history in the 19th and 20th centuries. She examines how people have organized their family life, how power is exercised in intimate relationships, and how such relationships have been shaped by shifting social, economic, political and legal circumstances.

About the Challenge Seminars:

PRIVACY hosts two Challenge Seminars each semester. Here, the PRIVACY’s research team join with invited experts on topics such as surveillance, privacy rights, medical ethics, work-life balance or social cohesion, in order to pose mutual research challenges.

Centre for Privacy Studies

The Danish National Research Foundation Centre for Privacy Studies (PRIVACY) was established in September 2017 through a generous grant of 50 Mio. DKK (approx. 6.7 Mio. Euro) from the Danish National Research Foundation (DNRF).

The PRIVACY research team will examine how no­tions of privacy shape relations between individuals and society across diverse historical contexts. We are particularly interested in indications of privacy as a quality and threat: in the emergence and development of the idea that too little privacy threatens the individual while too much may ruin society.

PRIVACY focuses on the period 1500–1800 that sees critical changes in individuals’ relationship to society. It brings together the fields of Church History, History of Architecture, Legal History and History of Ideas.

PRIVACY’s scholarly goals are grounded in the overall aim to launch privacy studies as a new re­search field.

We aim to develop:

  • systematized historical knowledge of dynamics that shape, induce or curb privacy in society.
  • an interdisciplinary method equipped to grasp such dy­namics.
  • a strong and vibrant international research environment dedicated to high-profile historical research and equipped to incite a much broader investigation of privacy.

PRIVACY brings together the fields of Church History, Architectural History, Legal History, Social History the History of Ideas in a novel interdisciplinary approach based on disciplinary integrationand site-based analysis.

Our principal focus rests with the period 1500-1800. The wider aim of PRIVA­CY is, however, to mobilize knowledge of past notions of privacy as a resource that can help decode the intrica­cies of present concerns related to the indi­vidual’s place in society.

PRIVACY is hosted by
The Department of Church History, The Faculty of Theology, University of Copenhagen

in association with:
The Faculty of Law, University of Copenhagen
The School of Architecture, Royal Danish Academy of Fine Arts, Schools of Architecture, Design and Conservations (KADK), Copenhagen

and in collaboration with:
The Department of Arts and Cultural Studies, Institute of History of Ideas and Sciences at Lund University, Sweden
Institut für Geschichte und Theorie der Architektur, ETH Zürich, Switzerland
The Herzog August Bibliothek, Wolfenbüttel, Germany
Institut d’Histoire du Droit, Université Paris II, France
The Subject Group Political Thought and Intellectual History, University of Cam­bridge, United Kingdom