Even the Bishop of Girona doesn’t always win

[This was mostly drafted offline on a train from London to Leeds on the 10th of July.]

Modern-day Ullà, Empúries, Catalunya

The Bishop of Girona doesn’t always win. I know that by now, you might have reason to think otherwise. This was, after all, the place in Catalonia that took the most trouble to ensure that it had up-to-date royal charters for all its properties at all times and persistently brought them forward in court to others’ detriment; this we have seen.¹ But of course it’s what we would see, because as I mentioned last time but one, Girona does seem to actually have sorted through what documents it wanted copied up, so even if it did have documents in which it lost its cases, it probably got rid of them after a while, and it is more likely that those cases only gave documents to the winners who were, it’s more or less safe to guess, not going subsequently to donate their property to the cathedral thus getting their documents archived. So we’d have to be extremely lucky to see anything other than resounding victories in their cartularies, no? Well, lucky us: look at this.²

When in God’s name the illustrious man Teuter, bishop of the See of Girona, was staying in the village of Ports, which is in Empúries territory, along with the illustrious men Delà and Sunyer, counts, in the public court for the hearing of many cases and the definition of right and just judgements, and also in the presence of Viscount Petroni and the judges who were ordered to judge or determine the cases, that is, Ferriol, Undilà, Godmar, Teudard, Manuel, Frugell, Lentio and Roderic, Ardovast the saio, Esperandéu, Hostal, also Junià, Trastildo, Benet, Ferriol, Blanderic, Eldegot, Guifré, Eripio, Esclúa, Untril·la, Comparat, Lleopard, Daniel, Undiscle, Armentary, Miró, Petroni, Adalà, Fluiter, Galí, Castí, Agelà, Adilo, Sendred, Perell, Truiter, Salomó, Lleo, Elanç, Pasqual, Revell, Segobran and the other priests, clerics, a great multitude of lay and other worthy men who were there present.

The grammar in this next paragraph is completely out to lunch as copied, so I’ve emended freely towards what the sense appears to be.

Thus there came into their presence the Archpriest Estremir, who is the mandatory of the abovesaid bishop, and he said, «Hear me, because that there Andreu’s houses, courts, orchards and fruit-trees and lands that are in the term of the villa of Ullà, which is in Empúries territory, those ought to be the aforesaid bishop’s on account of the claim of Santa Maria and Sant Feliu, which are sited in Girona and next to the selfsame city, by a precept of the lord king, which those men made of the aforementioned Santa Maria and Sant Feliu for their own. That Andreu holds them unjustly as an aprisio as part of the villa that is called Quarto, which they call Bellcaire. That same Andreu holds them unjustly and against the law.»
Then the aforesaid counts, bishops, viscounts and judges demanded of the aforesaid Andreu what he said to this. That man then said in his responses: «Because those houses, courts, fruit orchards and lands aforesaid which that same priest Estremir, who is mandatory of the aforesaid bishop, demands, I do not hold them unjustly but I hold them legally, by aprisio and by a precept of the king and as part of the aforesaid villa of Bellcaire, just as the other Hispani do».

There now follows a long paragraph in which the whole court slogs out to this place, details one of their number to measure the land in question and then divide it in half, and they give the measurements in great detail including specifying how long the perch they’re using as a unit is (8½ feet, since you ask). But we don’t need that much detail here, really. On with the rest of the text!

And then the already-said bishop, counts, and judges ordained that within those villae of Ullà and Quarto, which is called Bellcaire, they would set up five fixed stones as landmarks or boundaries, and so indeed they did. And the already-said Andreu received the half of those perches nearest the well on the northern side and Archpriest Estremir similarly the other half nearest the villa Ullà on the southern side.
And then it was agreed between the aforesaid bishop and the already-said Andreu that each one of them would hold as far as those fixed stones as a division of those villae, so that whoever [meaning `both’?] might judge and defend and securely possess forever in peaceful fashion.
Then it was set down that each one of them should have a notice from this about the selfsame aforesaid properties, signed and confirmed, just as it is, and let each one of them rejoice to see his justice in our court.
Notice given the 16th day of the Kalends of June, in the third year that King Louis was dead.
+Riquer, archpriest, SSS. +Guiscafred, archpriest, SSS. + Pere, priest, SSS. Reccared, priest, SSS. Teudegild, priest, SSS.

This document is quite important. The cathedral gets something out of it, and the boundaries set will have prevented Andreu or his family ever taking any more out of the cathedral’s land, so it’s understandable that Santa Maria kept it. All the same, this obviously wasn’t the result they were after, and thus what it shows us is, firstly that Girona wasn’t the only entity in the area who could get royal charters for their lands – it would seem that in this respect Louis the Stammerer was more sympathetic to those willing to come to his court than his father had been, and furthermore possibly keeping better track of what had been given out since he also awarded a precept to Girona cathedral that doesn’t cover this land³ – and that people still thought it was worth having one; secondly, that those people were right as even though Girona cathedral was often able to sway cases with such evidence as we’ve seen, it would seem to have been the evidence, not the cathedral, that impressed the court in this case. And thirdly of course it shows us that, since therefore the kind of claims that people have been known to make that the Church always won trials because it was literate and made the records don’t work here, we are probably missing an unguessable amount of material where the cathedral’s case didn’t come off. You win some, you lose some, as they say; but if they didn’t win, we’ve lost it. This does not mean it wasn’t there. That is all.⁴

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1. It’s taken me until a few weeks ago, would you believe, to wonder if this regular replacement of documents at Girona might be to do with the Visigothic law’s `thirty-year rule’, which was a kind of statute of limitations that prevented claims on land or property being pursued after thirty, or fifty, lands (and it’s unclear in the surviving texts which interval would apply to what, as they just say, `thirty or fifty’: the chapter and verse, or rather, book and title, is to be found in Karl Zeumer (ed.), Leges Visigothorum, Monumenta Germaniae Historica (Leges Nationum Germanicum) I (Hannover 1902, repr. 2005), transl. S. P. Scott as The Visigothic Code, 2nd edn. (Boston 1922), Book X Title II. However, even if that was what was going on, Girona got two precepts for their stuff from Charles the Fat alone, who didn’t exactly last thirty years, so even if I had thought it before now it still wouldn’t have worked. There are even more of these documents than people realise, and were once more: the standard edition, R. d’Abadal i de Vinyals, Catalunya Carolíngia II: els diplomes carolingis a Catalunya, Memòries de la Secció Històrico-arqueològica 2 & 3 (Barcelona 1926-1952), 2 vols, where see Girona I-IX, is now supplemented by S. Sobrequés i Vidal, S. Riera i Viader, M. Rovira i Solà, (edd.) Catalunya Carolíngia V: els comtats de Girona, Besalú, Empúries i Peralada, rev. R. Ordeig i Mata, Memòries de la secció històrico-arqueològica 61 (Barcelona 2003), 2 vols, doc. nos 56, 70, 73 & 78. Ibid. doc. no. 288 also makes clear, as we’ve seen, that the cathedral at one point had a precept from King Louis IV as well, though this has not survived.

2. Sobrequés et al., Catalunya Carolíngia V, doc. no. 53, the latest of five editions of which the one that most people could get at would be Giovanni-Domenico Mansi (ed.), Sacrorum conciliorum nova et amplissima collectio Vol. XVIII (Venetia 1773), ap. CXVIII. The difficult paragraph of reported speech goes like this: “Sic in eorum presentia veniens Stremirus archipresbiter, mandatarius, qui est de suporadicto episcopo, et dixit: «Iubete me audire cum isto presente Andreo domos, curtes, ortos et pomiferos et terras qui sunt infra termines de villa Uliano, qui est in territorio Impuritano, illas debent esse supradicto episcopo pro partibus ipsa causa de Sancta Maria et Sancto Felice, quod sita est in Gerunda vel iusta ipsa civitate, per preceptum dompni regis, quod illi fecerunt ad iamdicta Sancta Maria et Sancto Felici ad proprio. Iste Andreas eas retinet ad aprisione pro partibus de villa que dicitur Quartu, que vocant Bedenga. Iste Andreas eos retinet iniuxte et contra lege»“.

3. It is Abadal, Catalunya Carolíngia II, Girona IV, though it must be admitted that guessing whether it covered these properties or not is tricky since the thing doesn’t survive, and its text is only to be guessed at from later Girona charters that reference it. Abadal also indexed the deperditum held by Andreu as ibid., Particulars XXVII, where he attributed it to Charles the Bald. I don’t see how we know that, and it seems more likely to me that this was from Louis, since Charles was by and large not much of a friend to the Hispani: see J. Jarrett, “Settling the Kings’ Lands: aprisio in Catalonia in perspective” in Early Medieval Europe Vol. 18 (Oxford 2010), pp. 320-342.

4. Well, nearly. I just wanted to add that it also shows that, while there is unusually much to be got of Girona’s royal documents just in themselves, precisely because the bishops took such trouble to get them updated in what appear to be real terms – see R. Martí, “La integració a l’«alou feudal» de la Seu de Girona de les terres beneficiades pel «règim dels hispans». Els Casos de Bàscara i Ullà, segles IX-XI” in J. Portella i Comas (ed.), La Formació i Expansió del Feudalisme Català: actes del col·loqui organitzat pel Col·legi Universitari de Girona (8-11 de gener de 1985). Homenatge a Santiago Sobrequés i Vidal, Estudi General: revista del Col·legi Universitari de Girona, Universitat Autònoma de Barcelona Nos. 5-6 (Girona 1986), pp. 49-63 with English summary p. 556, and indeed some day I hope, a publication based on J. Jarrett, “Legends in Their Own Lifetime? The Late Carolingians and Catalonia”, paper presented in session ‘Legends of the Carolingians’, Haskins Society Conference, Georgetown University, 7th November 2008 – the real gain is still to be made by seeing how those documents were actually used, as here. If there’s basis to argue with me about the Frankish kings giving up on their tame settlers out here, as I claim happened in my “Settling the Kings’ Lands” as above, then it’s this document, though you would still have to deal with the Martí paper already mentioned which is pretty categorical about the process.