Category Archives: Currently reading…

Because if that’s Gothic this must be Roman

Posted with apologies for the delay in both posting and in dealing with comments, for once not because of my life but because of WordPress being uncharacteristically useless in dealing with the Heartbleed bug I hope you heard about, let’s attack that easiest of targets, to wit, historiographical views on ethnicity. Here is a straw man: let us once more consider the Visigothic Law. Redacted principally in the reign of King Chindasuinth of what we know as the Visigothic kingdom of Spain on the basis both of ‘ancient’ law and subsequent royal edicts, in the form we have it it had been updated by several subsequent rulers and was intended to be widely owned and consulted, as indeed the numerous copies we have of it suggest it was.1 Surely this is the ultimate expression of a Visigothic identity, matured by years of rule and a full conversion to Catholicism? So if that’s Gothic, what went before must be Roman, no?

Paris, Bibliothèque nationale de France, MS Lat. 4404, a Narbonne copy of the <em>Breviary of Alaric</em> made between 804 and 814, fo. 1v and 2r I think

Paris, Bibliothèque nationale de France, MS Lat. 4404, a Narbonne copy of the Breviary of Alaric made between 804 and 814, fo. 1v and 2r I think

Well, no, obviously not, you may immediately say: firstly the premise is rubbish, but also the artwork is hardly Classical, is it, there is interlace, geometric ornament and the oval-eyed staring faces characteristic of pre-Romanesque portraiture of the earliest kind, or indeed of the earlier copies of the illustrated Commentary of Beatus on the Apocalypse.2 Also, it is, you know, the Breviary of Alaric, that being King Alaric II of the Visigoths, named after their most successful leader, the guy who actually sacked Rome… This is if anything more Gothic, you may say. But what is this text? It is a codification of Roman law. On the left-hand page of the spread you may even be able to read the name of the Emperor Theodosius, under whose orders the Codex Theodosianus, of which the Breviary is as the name suggests an abbreviation, was compiled, about fifty years after its issue. That’s him in the picture, not Alaric. That’s how Gothic this is.

Cathedral of SS Just & Pastor, Narbonne

Cathedral of SS Just & Pastor, Narbonne; the other kind of Gothic (from Wikimedia Commons)

Now, we can complicate matters further, because this is also Carolingian. That is, this actual manuscript, now in the Bibliothèque nationale de France, was made and illustrated in the Frankish city of Narbonne in the early ninth century.3 Admittedly, Narbonne had only fallen to the Franks in 759, when the local ‘Goths’ (as the Chronicle of Moissac does indeed call them) decided that between the Muslims inside the city and the Frankish army outside they’d rather take their chances with Charlemagne’s dad Pippin the Short, and threw the Muslims out and made terms. One of the terms was that they got to keep their own law.4 Which one, do you suppose, this one? or the ‘Visigothic’ one? Either way, this is at least two generations after the conquest and yet it was still being copied, a Gothic compilation of Roman law copied under Frankish rule in a city they’d freed from the Muslims depicting the Roman emperor who hadn’t issued it in a style some would happily call Mozarabic. Assign an ethnicity to that.

A Catalan copy of the Visigothic Law, Abadia de Montserrat MS 1109, from Wikimedia Commons

An actual Catalan copy of the Visigothic Law, Abadia de Montserrat MS 1109 once again, from Wikimedia Commons

In fact, the idea that use of the Visigothic Law, as we call it, represents a deep investment in the Visigothic past should be queried more often than it is. The text is only given that ethnic title by us, its name in the actual texts being the Forum Iudicum, more or less Judges’ Conventions. It also substantially errases any difference between Goths and Romans that earlier codes had maintained: the old difference only leaks through in one or two clauses where it is ruled against. The first issue of this lawcode was arguably the point at which its own users stopped seeing the point in marking customs and behaviours out as Gothic. It’s not a monument of that identity; it’s its tombstone. That is, admittedly, not how it is used even in my period, where the text is often called the Law of the Goths, but that is nonetheless not what its authors had intended.6 And for somebody in Carolingian ex-Muslim ex-Gothic Narbonne it was, in any case, not the law that was most worth copying; they wanted the one it had replaced. We’ve seen before that Gothic identity seems to have been something a very few people in Narbonne still made something of in this period; now as then I think that the evidence forces me to conclude that they only cared because mostly, other people did not. It would make a lot of things simpler if we sided with the majority here…

1. The canonical cite here is Aquilino Iglesia Ferreirós, “La creación del derecho en Cataluña” in Anuario de Historia del Derecho Español Vol. 47 (Madrid 1977), pp. 99-423, now revised in his La creación del Derecho: una historia del Derecho espa&ntidle;ol (Barcelona 1988), 3 vols, 2nd edn. (Barcelona 1989-1991), 3 vols.

2. The fullest study of these manuscripts is John W. Williams, The Illustrated Beatus (New York 1994-1998 & Turnhout 2000), 5 vols, but shorter introductions to the text and what it was doing can be found in Williams, “Purpose and Imagery in the Apocalypse Commentary of Beatus of Liébana” in Richard K. Emmerson & Bernard McGinn (edd.), The Apocalypse in the Middle Ages (Ithaca 1992), pp. 217-233 or Kenneth B. Steinhauser, “Narrative and Illumination in the Beatus Apocalypse” in Catholic Historical Review Vol. 81 (1995), pp. 185-210. References to it as Mozarabic are trivial to find, though almost any use of this word is misleading: see Richard Hitchcock, Mozarabs in Medieval and Early Modern Spain (Aldershot 2008).

3. It is Paris, BN MS Lat. 4404, and the attribution is from Jordi Camps (ed.), Cataluña en la época carolingia: arte y cultura antés del Románico (siglos IX y X) (Barcelona 1999), no. 129 (p. 382).

4. The best account of this is still Josep María Salrach i Marés, El Procés de Formació Nacional de Catalunya (segles VIII-IX), Llibres a l’Abast 136 & 137 (Barcelona 1978), 2 vols, I pp. 5-7, but I should also mention the new and useful summary in Cullen Chandler, “Carolingian Catalonia: the Spanish March and the Franks, c. 750-c. 1050″ in History Compass Vol. 11 (Oxford 2013), pp. 739-750. The Chronicle of Moissac is printed in Georg Heinrich Pertz (ed.), Monumenta Germaniae Historica… Scriptorum tomus I, Monumenta Germaniae Historica (Scriptores in folio) I (Hannover 1826), pp. 280-314.

5. E. g. Karl Zeumer (ed.), Leges Visigothorum, Monumenta Germaniae Historica (Leges Nationum Germanicum) I (Hannover 1902, repr. 2005), transl. S. P. Scott as The Visigothic Code (Boston 1922), online here, III.1.2 ruling that mixed marriages are legal; slightly more respect for remaining differences in X.1.8, 9 & 16 & X.2.1 & 5 probably have to do wth the fact that here rights in land that could have been inherited are concerned. II.2.2 is adamant that everyone, even the king, is subject to the same law and II.1.8 refuses to recognise any other Roman law than what is compiled into the Forum.

6. Jeffrey Bowman, Shifting Landmarks: Property, Proof, and Dispute in Catalonia around the Year 1000 (Ithaca 2004), pp. 33-55.

The handwriting of an emperor – maybe

Cover of Jordi Camps (ed.), Cataluña en la época carolingia

Cover of Jordi Camps (ed.), Cataluña en la época carolingia

When I started this blog in December 2006, one of the things I set up straight away was the record of what I’m currently reading in the sidebar. If anyone looked at it, which I’m not sure they do, that could be an embarrassment, as some things tend to take a very long time to move off it, depending on how urgent they are for whatever I’m working on (another category that doesn’t change often enough). Hopefully no work will ever linger there as long as did an exhibition catalogue I’ve mentioned here before, Cataluña en la época carolingia: arte y cultura antes de Románico (siglos IX y X), ed. by Jordi Camps (Barcelona 1999). This is a tremendous book in terms of both size and content: there are forty-nine articles, almost all of which were never directly relevant to whatever paper had to come next. So I read it in very occasional dribs and drabs, and it’s generated several blog posts over the years, but yes, it is years: I’m pretty sure it was on that sidebar when I first created it and I finally reached the actual exhibition catalogue in August 2012, at which point I stubbed several posts to write up when I had time, of which this is the first.

Barcelona, Arxiu Capitular de la Catedral de Barcelona, pergamino 3-3-1

Barcelona, Arxiu Capitular de la Catedral de Barcelona, pergamino 3-3-1

Predictably, the object that provoked me to words was a charter, or at least a letter.1 It was sent to the citizens of Barcelona at some point between 876 and 877 by their monarch, King Charles the Bald of the Western Franks in his last guise as Holy Roman Emperor, and it tells a story and makes a point. The story is simple enough, although it really only starts in the last line: the first few are basically an exchange of pleasantries in which Charles is glad to hear that Barcelona remains in good faith with him and assures its inhabitants that they can also rely on him. Additional colour is added to the proceedings by the fact that their chosen ambassador was a Jew called Judas, a reminder that Barcelona had a Jewish community, that the bishop was in some sense their lord for want of anyone else, and that they were trusted at this time (despite bearing the name of the man the charters of the era repeatedly name “traditor Domini”, ‘betrayer of the Lord’) in a way that they would not be later on, in say the mid-eleventh century.2 That perspective was not available to King Charles, however, and the letter makes this choice of ambassador seem perfectly normal. And then there’s the last line in a different hand in which Charles also sends the men of Barcelona and Bishop Frodoí ten pounds of silver to pay for repairs to his church, which was presumably the actual reason Judas, whom Charles describes as ‘our faithful man’ as if he knew him, had been sent north: Frodói was out of money…

The Roman walls and medieval towers of Barcelona

Since nothing of Bishop Frodoí’s church now survives, here are the Roman walls and medieval towers of Barcelona, the lower parts of which at least he would have known

As to the bigger point, I’ve always seen this document since I first met it in print very early on in my Ph. D. research as an important window on how Barcelona by this time related to the kings. Charles’s writ arguably did not run very far into Catalonia: his coinage reforms of 864 were not carried out there, for example, and it’s not clear that he chose the area’s bishops.3 Nor is there any sign that he was receiving revenue from the area, and although there is no evidence that he was not, at the very least he can’t have been getting money from the coinage or from embassies, because the former would have meant the coinage reforms getting carried out and the latter would have made Judas’s trip north redundant: if you had to pay to get the king’s gift, probably cheaper not to go! You might therefore wonder why Charles greets the men of Barcelona in such glowing terms in the letter, as his personal followers (peculiares), which he does, and the answer would be because at this general time much of Charles’s kingdom was in rebellion against him. Whatever the financial dead loss Barcelona may have represented, the value of having someone from far away, from outside the area where most of his magnates would ever have gone, and especially someone outlandish and non-Frankish such as a poignantly-named hebreus, come and acclaim him as their king, presumably in court where everyone could see, was probably well worth as much silver as Judas could carry away with him in terms of public endorsement for the beleaguered emperor. Silver, after all, was not something Charles was short of; support, rather more so…4

Enlargement of last two lines of Barcelona, Arxiu Capitular de la Catedral, Pergamins 3-3-1

Close-up of the additional last lines, the lower being almost invisible

But this is not the end of the interest of this letter, because the first scholar to really draw attention to it, French savant Joseph Calmette, noticed that the last two lines of the document are in a different handwriting, and appear to be a last-minute addition for which there’s only just room on the scrappy parchment. Calmette therefore thought that we have here Charles the Bald’s actual autograph.5 This did not meet with the approval of Philippe Lauer, however, who pointed out, as well as the previous publications of the document that Calmette had ignored, that the script of the addition is suspiciously like the local documents of tenth-century Barcelona, which might explain what otherwise suggests that Charles attached a note to a bishop on the bottom of a different letter, as if he had no spare parchment; it should rather be seen, Lauer argued, as a bodge by a tenth-century scribe at Santa Eulàlia looking to make up for the loss of a precept of Charles the Bald’s that Barcelona had somehow lost in the meantime.6 (We know of that document from one of Charles’s son Louis the Stammerer that mentions it, so it did exist, and certainly lots of documents did get lost in the 985 sack.7)

Interior of the cloister of Sants Creu & Eulàlia de Barcelona

Courtyard of the current cathedral of Santa Eulàlia de Barcelona, taken more or less from the door of the archive where the letter in question is now kept

Calmette immediately published a riposte, however, pointing out that the addition wouldn’t actually have allowed the later cathedral actually to claim anything and that the script of the addition is hard to date but that it seemed more late-tenth century than the c. 900 Lauer thought correct for the fabrication, proving the futility of the comparison, and that, “l’authenticité du post-scriptum demeure donc certaine à mes yeux”.8 There the matter seems to have rested; Ramon d’Abadal in de Vinyals’s edition of the letter reserved further judgement, Tessier’s edition of Charles the Bald’s documents sided with Lauer, the more recent one of the Barcelona cathedral documents has nothing but bibliography to contribute and other opinions are not argued.9 I’m not quite sure how Calmette thought the script being late helped his case, but on the other hand I also don’t see how Lauer thought the letter could help Barcelona make up for a lost precept of which, in any case, they had a later replacement. Obviously, without a second autograph of Charles the Bald, we’re never going to be able to say for sure, but in any case, as I say, for me that’s not the real point. It’s an intriguing possibility, but there are bigger things going on with this little document.

1. J. Camps (ed.), Cataluña en la época carolingia: arte y cultura antes del romànico (siglos IX y X) (Barcelona 1999), no. 27. For a text the easiest option is now Joseph Calmette, “Une lettre close originale de Charles le Chauve” in Mélanges d’archéologie et d’histoire de l’École française de Rome Vol. 22 (Rome 1902), pp. 135-139, online here, at p. 136; for other editions see n. 9 below.

2. On Jews in Barcelona see David Romano, “Els jueus de Barcelona i Girona fins a la mort de Ramon Borrell (1018)” in Federico Udina i Martorell (ed.), Symposium internacional sobre els orígens de Catalunya (segles VIII-XI) (Barcelona 1991-1992), also published as Memorias de le Real Academia de Buenas Letras de Barcelona Vols 23 & 24 (Barcelona 1991 & 1992), II pp. 123-130.

3. See Miquel Crusafont, “Nou tipus carolingi de Barcelona de Carles el Calb. El diner de Barcelona fins a R. Berenguer I” in II Simposi numismàtic de Barcelona (Barcelona 1980), pp. 47-55.

4. For the political context see Janet L. Nelson, Charles the Bald, The Medieval World 2 (London 1992), pp. 221-264, although she makes no mention of this document, perhaps because it cannot be clearly assigned to a date in her narrative. Note however that on pp. 320-321 Barcelona is not shown within Charles’s kingdom. On Charles’s ability to raise cash, see Philip Grierson, “The Gratia Dei Rex coinage of Charles the Bald” in Margaret Gibson & Nelson (edd.), Charles the Bald: court and kingdom, 2nd edn. (Aldershot 1990), pp. 52-64.

5. Calmette, “Lettre close originale”.

6. P. Lauer, “Lettre close de Charles le Chauve pour les Barcelonais” in Bibliothèque de l’École des Chartes Vol. 63 (Paris 1902), pp. 696-699.

7. The later precept is printed as Ramon d’Abadal i de Vinyals (ed.), Catalunya Carolíngia II: els diplomes carolingis a Catalunya, Memòries de la Secció històrico-arqueològica II & III (Barcelona 1926-1952), 2 vols, Barcelona: Eglésia Catedral de Santa Creu II, and also in †Félix Grat, Jacques de Font-Reaulx, †Georges Tessier & Robert-Henri Bautier (edd.), Recueil des actes de Louis II le Bègue, Louis III et Carloman II, rois de France (877-884) (Paris 1978) (non vidi).

8. J. Calmette, “Sur la lettre close de Charles le Chauve aux barcelonais” in Bibliothèque de l’École des Chartes Vol. 64 (Paris 1903), pp. 329-334.

9. Abadal, Catalunya Carolíngia II, ap. VIII; †A. Giry, †Maurice Prou & G. Tessier (ed.), Recueil des Actes du Charles II le Chauve, roi de France (Paris 1943-1955), 3 vols, doc. no. 414; Àngel Fabregà i Grau (ed.), Diplomatari de la Catedral de Barcelona: documents dels anys 844-1260. Volum I: documents dels anys 844-1000, Sèries IV: Fonts Documentals 1 (Barcelona 1995), pp. 187-189; J. L. Nelson, “Literacy in Carolingian Government” in Rosamond McKitterick (ed.), The Uses of Literacy in Early Mediæval Europe (Cambridge 1990), pp. 258-296, repr. in Nelson, The Frankish World 750-900 (London 1996), pp. 1-36 at p. 203 of the original.

Prince Quintilian of Montgrony: a correction

With certain enviable exceptions, every historian has sometimes to admit that they got something wrong, and this will not be the first time I do so here, but up till now I’ve only once had to do this about something I got into print. Sadly, this has now arisen, as in August 2012 I came across something that meant I had to let go of one particular bête noir of my work on the nunnery of Sant Joan de les Abadesses, that being the information supposedly preserved there about the area of Mogrony (now Sant Pere de Montgrony).

Sant Pere de Montgrony

Sant Pere de Montgrony, centre of the point of contention in its slightly more modern form of both building and spelling, from Wikimedia Commons

In 2003, when I sent in the text for what would become my first paper, it contained a goodly chunk about Mogrony, because I was contending that everything Sant Joan’s documents said about this place was essentially made up.1 This included the surviving versions of the nunnery’s endowment in 887, which claim the place for the nunnery in a way that they clearly not only could not later enforce but a full century later did not even mention when going to court about it.2 I went for this as follows:

“The castle of Mogrony has often been said to have been a centre of a princely lordship in the eighth century whose line donated or sold the place to Count Guifré. This suggestion rests on almost no actual evidence, and much of what underpins it existed, if at all, in the Sant Joan archive.56 In 899, the year after the death of Count Guifré the supposed donor, in which Charles the Simple was invited to place his protection over all of Sant Joan’s property, it seems that the castle was not among that property, as all that was mentioned at Mogrony was ‘the cell of Mogrony with its limits and bounds’.57 Furthermore, when in 906 the assembled bishops of the province of Narbonne offered Emma similar guarantees, they too only mentioned ‘the cell which is called Mogrony with the parish subjected to it’.58 Thus, though Sant Joan was clearly a force in the area, there is no early evidence that it then held the castle.”

That, I think, all holds up, but the devil is as so often in the footnotes, and in particular n. 56:

56 The suggestion originated with Francisco Codera y Zaidín (in his ‘Límites Probables de la Dominación Árabe en la Cordillera Pirenaica’, Boletín de la Real Academia de Historia 48 (Barcelona, 1906), pp. 289–311, repr. in idem, Estudios Críticos de Historia Árabe Española (Segunda Serie), Colección de Estudios Arabes 8 (Madrid, 1917), pp. 235–76, at pp. 307–9 in the original). It was based on observations of a lost manuscript by Jaime Villanueva (Viage Literario a las Iglesias de España tomo X: viage a Urgel (Valencia, 1821), p. 19), some very hypothetical onomastics and a report of another now lost Sant Joan manuscript, otherwise unknown even to Masdeu before the 1939 sack, and unseen by Codera. Nonetheless, the suggestion has been picked up and expanded by Abilio Barbero (in ‘La Integración Social de los “Hispani” del Pirineo Oriental al Reino Carolingio’, in P. Gallais and Y.-J. Riou (eds), Mélanges Offerts à René Crozet, Professeur à l’Université de Poitiers, Directeur du Centre d’Études Supérieures de Civilisation Médiévale, à l’Occasion de son Soixante-Dixième Anniversaire, par ses Amis, ses Collègues, ses Élèves et les Membres du C. É. S. C. M., vol. 1 (Poitiers, 1966), pp. 67–75, at p. 72, the article reprinted in A. Prieto (ed.), Conflictos y Estructuras Sociales en la Hispania Antiqua (Madrid, 1977), re-edited A García Bellido et al. as Conflictos y Estructuras Sociales en la España Antiqua (Madrid, 1986), pp. 151–65), Esteve Albert (Les Abadesses [de Sant Joan, Episodis d'Història 69, (Barcelona 1965)], pp. 10–17), A. Vadillo Pinilla (‘El Dominio de San Juan de las Abadesas: algunas consecuencias de su formación’, in M.A. Ladero Quesada (ed.), En la España Medieval IV: estudios dedicados al Professor D. Angel Ferrari Núñez Tomo II (Madrid, 1984), pp. 1019–45) and Albert Benet i Clarà (‘Castell de Mogrony’, in idem, A. Pladevall i Font and J. Vigué i Viñas, ‘Castells i Viles del Ripollès anteriors al 1300′, in Pladevall [(ed.)], Catalunya Romànica X[: el Ripollès (Barcelona 1987)], pp. 26–32, at p. 28). Given the weakness of the original suggestion (uncited after Barbero’s article), I do not think their respective conclusions about Mogrony and its rulers can easily stand.
57 ‘Id est in praedicto pago ausonensi cella Mucronio cum finibus et adiacenciis suis . . .’: see n. 25 above.
58 HGL V 32: ‘. . . cellam quoque [sic] dicitur Mucuronio cum subjuncta sibi parrochia…’.”

Despite my total lack of understanding of non-English capitalisation of titles at that point, I exult even now in the pedantry and bibliographical research that resulted in that footnote – no-one, but no-one, ever seems to cite Codera in such a way that the actual title on the spine of the book is mentioned, and the two reprints of Barbero’s piece confuse the record massively too, but the problem is with Codera and with Villaneuva. Y’see, what Codera said is that there was a document at Sant Joan that mentions a princeps Quintilianus hanging out at Mogrony in the year 736, and others have built on this a model of vestigial lords hanging on in their local areas long after the Muslim conquest. Nowadays, what you could not do in 2003, you can find Codera online and see this.3 I translate:

“Father Villanueva was the first who encountered and published a short notice of this person: in a codex of the monastery of Ripoll, in eighth-century script, he found the following chronological text: ‘From the Incarnation moreover of the Lord Jesus Christ to the present first year of Prince Quintilian, which is Era [774], are 736 years.’ While we had no more notices referring to Quintiliano than that which Father Villanueva published, it was necessary to doubt this person’s existence, suspecting a problem with the date; but with new data encountered, such as the notice of the death of Quintiliano in the year 778, at which date, according to a martyrology of Sant Joan de les Abadesses, he was ‘senioris de Mocrono‘, it seems that we must admit the existence of this person as ‘lord’, ‘king’ or ‘chief’ of a more or less extensive territory in the mountains of Montgrony, all the more since in a document of the year 804 figures another Quintiliano, lord of Montgrony, who could easily be the descendant or successor of Prince Quintilian (I).”

Here again, though, the footnote is crucial:

“(I) We owe these notices and bibliographical data referring to Quintiliano to our good friend Don Joaquín Miret y Sans, distinguished investigator of the history of Catalonia.”

This is, you will notice, as well as being a fine example of regula magistri, not really a citation, and although the sack of Sant Joan de les Abadesses in the Civil War might go some way to explaining why, of course, none of these Sant Joan materials mentioning Quintilà survive, many of their other charters survived and nothing there from 804 can have come from them in the first place. Miret never published this stuff, anyway, to the best of my knowledge, so there’s no way of knowing what he saw, but it’s always seemed significant to me that the history of Sant Joan by the pre-war archivist, Josep Masdeu, who died in the defence of his documents indeed, did not mention this stuff.4 That, even now, leaves me feeling that it’s much safer, when everything else we have from Sant Joan about Montgrony is faked or disputed, to mistrust anything from there about the place when it can’t be examined. The problem is with what Villanueva saw, which now looks likely to be authentic.

Apse and apsidioles of the west end of the abbey church of Sant Joan de les Abadesses

Sant Joan de les Abadesses, should-be location of the evidence missing from this post’s argumentation

Let us note first off that Villanueva and Miret don’t have to have been talking about the same thing. Villanueva had a dating clause or some kind of chronological summary that one might attach to a chronicle or similar; it doesn’t survive either but then that is much less surprising than at Sant Joan because the Ripoll archive was entirely burnt in 1835. What Miret had found seems definitely to have been notices of some lord of Montgrony, quite possibly in faked donations to Sant Joan that must therefore have postdated 987 when no such documents were available to them. Miret’s cites don’t call the guy ‘princeps’, though, and Villanueva’s does not associate him with Montgrony. We can’t now explain what Miret saw, but none other than Michel Zimmermann reports a very simple solution for what Villanueva had, proposed by Rudolf Beer in his attempt to reconstruct as much as possible of Ripoll’s lost library:5

“In the middle of a table of ancient eras and of the lives of the patriarchs, one finds [says Zimmermann as if the MS still exists, though I cannot see from what he says that it does] a curious note: Ab incarnatione autem Dni Jhu Xpi usque in presentem primum Quintiliani principis annum, qui est era LXX quarta sunt anni DCCXXXVI. Villaneuva restores DCC before the year of the Era and concluded from it that the page was written in 736: he was constrained to deduce from it that, twenty years after the Muslim invasion, there ruled a prince whose name recalled that of the ancient kings of Toledo, probably installed with refugees in the Pyrenean valleys where the Saracens had not yet ventured. R. Beer prefers to correct DCCXXXVI to DCXXXVI and return Quintilianus to the Toledan royalty.”

This seems to me to be very likely to be right. Ripoll certainly had some pretty old books, this being exactly the context of Zimmermann’s discussion, and that one of them could have been a theological and chronographical volume dating to 636 is far from impossible, though its loss is a bit of a blow if so.6 In that case, the Prince Quintilà was no mere prince as the English use would have it; he was the king, no less. What he was not, however, was anything to do with Montgrony, and that place’s supposed lord’s ephemeral trace in unlocatable manuscripts may some day force me to write another retraction. Still: I should have looked at Beer before I wrote, maybe even at Zimmermann if there were then any copies in the country, and maybe even thought of this elegant solution myself, rather than assuming all these people were just wrong. I’ve said elsewhere that Villanueva wins as many disputes with modern scholars as he loses when someone decides he was wrong, even now; I’m not sure that handing him this one doesn’t mean he wins them all7

1. J. Jarrett, “Power over Past and Future: Abbess Emma and the nunnery of Sant Joan de les Abadesses” in Early Medieval Europe Vol. 12 (Oxford 2005), pp. 229-258, here at pp. 235-241. I also reprised this view in my Rulers and Ruled in Frontier Catalonia, 880-1010: pathways of power, Studies in History (New Series) (Woodbridge 2010), p. 47 n. 107 and “Centurions, Alcalas and Christiani perversi: Organisation of Society in the pre-Catalan ‘Terra de Ningú’” in †A. Deyermond & M. Ryan (edd.), Early Medieval Spain: a symposium, Papers of the Medieval Hispanic Research Seminar 63 (London 2010), pp. 97-127 at pp. 109-110, perhaps the one I now regret the most: “… Quintilà has become an accepted feature of an excitable kind of historical writing (Vadillo 1984; Benet, Pladevall & Vigué 1987: 28), but there is really no good reason to suppose he ever existed.” (p. 110).

2. Ramon Ordeig i Mata (ed.), Catalunya Carolíngia IV: els comtats d’Osona i Manresa, Memòries de la Secció històrico-arqueològico LIII (Barcelona 1999), 3 vols, doc. 4, 8 & II, the last being the fake version including the castle of Mogrony; cf. ibid. doc. no. 1526 where the area is contested with the nunnery bringing no documents in evidence.

3. F. Codera y Zaidín, “Límites probables de la dominación árabe en la cordillera pirenaica” in Boletín de la Real Academia de Historia Vol. 48 (Barcelona 1906), pp. 289–311, repr. in idem, Estudios críticos de historia árabe española (segunda serie), Colección de Estudios Arabes 8 (Madrid 1917), pp. 235–76 at p. 308 & n. of the original:
“El P. Villanueva fué el primero que encontró y publicó una corta noticia de este personaje: en un códice del Monasterio de Ripoll, de letra del siglo VIII, encontró el texto cronológico siguiente: «Ab incarnatione autem Dñi Jhu Xri usque in presentem primum Quintiliani principis annum, qui est Era LXX quarta (falta la nota DCC) sunt anni DCC.XXX.VI.» Mientras no hubo más noticias referentes á Quintiliano que la publicada por el P. Villanueva, cabía poner en duda la existencia de este personaje, sospechando que pudiera haber equivocación en la fecha; pero encontrados nuevos datos, cual es la noticia de la muerte de Quintiliano en el año 778, en la cual fecha, según un martirologio de San Juan de las Abadesas, era senioris de Mocrono, parece que hay que admitir la existencia de este personaje como señor ó rey ó jefe de un territorio más ó menos extenso en los montes de Montgrony, tanto más, cuanto en documento del año 804 figura otro Quintiliano, señor de Montgrony, que bien pudo ser hijo ó nieto y sucesor del Príncipe Quintiliano (I).

 (I) Debemos estas noticias y nota de la bibliografía referente ´ Quintiliano á nuestro buen amigo D. Joaquín Miret y Sans, distinguido investigador de la historia medioeval de Cataluña.”

4. Josep Masdeu, Sant Joan de les Abadesses: resum historic (Vic 1926); the Sant Joan documents not published in Federico Udina Martorell, El Archivo Condal de Barcelona en los siglos IX-X: estudio crítico de sus fondos, Textos XVIII (Madrid 1951) are now published as Joan Ferrer i Godoy (ed.), Diplomatari del monestir de Sant Joan de les Abadesses (995-1273), Diplomataris 43 (Barcelona 2009). The earliest survivor is from 885 and that’s one of the dodgy ones, Ordeig, Catalunya Carolíngia IV, doc. no. 4 (= Udina doc. no. 3).

5. M. Zimmermann, Écrire et lire en Catalogne (IXe-XIIIe siècles, Bibliothèque de la Casa de Velázquez 23 (Madrid 2003), 2 vols, II pp. 632-633 n. 32: “Au milieu d’une table des ères antiques et des vies des patriarches, on trouve une curieuse note : Ab incarnatione autem Dni Jhu Xpi usque in presentem primum Quintiliani principis annum, qui est era LXX quarta sunt anni DCCXXXVI. Villanueva rajoute DCC devant l’année de l’ère et en conclut que la page fut écrite en 736 ; il est contraint d’en déduire que, vingt ans après l’invasion musulmane, régnait un prince dont le nom rapelle celui des anciens rois de Tolède, probablement installé avec des réfugiés pyrénéennes où les Sarrasins ne s’étaient pas encore aventuré. R. Beer préfère corriger DCCXXXVI en DCXXXVI et rendre Quintilianus à la royauté tolédane.” The reference is to Rudolf Beer, Die Handschriften des Klosters Santa Maria de Ripoll, Sitzungsberichte der Bayerischen Akademie der Wissenschaften (philosophisch-historische Klasse) 152, 153, 155 & 158 (München 1907-1908), transl. P. Barnils as Los manuscrits del Monastir de Santa María de Ripoll (Barcelona 1910), cited by Zimmermann from the Spanish with no page reference.

6. Zimmermann, Écrire et lire, II pp. 620-674 on the survival of Visigothic culture in Catalonia: he opts for a very limited spectrum of such material essentially focussed on Isidore and the Spanish versions of the works of Gregory the Great leavened with a little canonical material.

7. Jarrett, “Centurions, Alcalas and Christiani perversi“, pp. 118-119.

Building states on the Iberian frontier, II: clearing the land

Catalan peasants at work, from the Biblia de Ripoll

Catalan peasants at work, from the Biblia de Ripoll

Continuing as promised, or threatened, the rethink of my picture of frontier development in Catalonia spurred by the recent chapter by Julio Escalona and Francisco Reyes on the same themes in tenth-century Castile… let’s talk about peasants.1 At some level, after all, the expansion of settlement, social structures and government into an unorganised zone requires the basic work of somebody taking tools to the soil, felling unhelpful trees, clearing scrub, putting it to the plough or planting helpful trees and generally turning the land to use. This is implicit in any story of territorial expansion that isn’t simple annexation of territory where someone else has already done that. The question is thus not whether this is happening, but rather who is controlling it. Now, I have worked on this for Catalonia, partly because it’s just inherent in an expanding frontier situation as I say but also because of an early article by Cullen Chandler that I disagreed with and which gave me a fair bit of work to figure out what my alternative picture was (and even longer to publish it).2 This does mean that I could simply direct you to that work but because it’s part of the argument that I’m developing here in reaction to the Escalona & Reyes chapter, it needs to be out where it can be seen. I will reuse some text, though, and the first bit I will reuse is that from my book which attempts to describe how other historians have answered this question of control. Given that what follows is quite a lot of quotation, and that the whole post is plural thousands of words, a cut seems moot here… Continue reading

Building states on the Iberian frontier, I: putting the peasants up front

This is going to be a long and thinky post, and short of illustrations, so let's have something scenic to start with. This is the mountains of Montserrat seen from the Riu Llobregat, the far frontier in my period, an image from Wikimedia Commons

This is going to be a long and thinky post, and short of illustrations, so let’s have something scenic to start with. This is the mountains of Montserrat seen from the Riu Llobregat, the far frontier in my period, an image from Wikimedia Commons

As I sat down to write this I was having trouble thinking something out, and by now my favourite strategy when this happens, assuming that I can’t trap someone at a pub table and thrash it out at them verbally, is to try and write about it. So this is the first of a number of posts messing with questions of agency and, well, credit or blame I suppose, in the creation of medieval society at the Muslim-Christian frontier in medieval Iberia. It comes out of reading a genuinely excellent account of that for Castile in the tenth century (the most important of European centuries, as I’m sure you realise) by Julio Escalona and Francisco Reyes.1 It gets right down into the mechanisms by which lords got themselves into positions of power on the frontier and then used those to make themselves more important wherever else they turned up, creating extensive lordships which would only be converted to intensive ones much later. This is a really clear chapter, informed by a lively and interesting new theoretical base, and is important not just for the tenth century and debates about state formation on frontiers anywhere, but also about the delay in what comes after, the intensification, which of course plays into the feudal transformation debate of which everyone is so tired and so on.2 It really made me think but one thing that it made me think was that it’s only about lords. This has made me write a great deal, and out of general mercy for the audience I put the rest behind a cut, but if you feel up to it I would be very interested in feedback and corrections, not least because I tread on several nationalisms in the course of it and need to know what bits may make people angry… Continue reading

Law is what you make it: fixing documents in Catalonia in the year 1000 or long before

One of the things that marked Catalonia under Carolingian rule out from the rest of Charlemagne’s Empire was its continuing adherence to and use of the Visigothic Law that had run in the counties on the Franks’ arrival, and of course presumably since long before. We see this in two ways, procedural and textual. That is, people did things that we recognise from the law, such as the elaborate procedure of declaring a dead person’s will before judges or the losing party in a court case issuing a quitclaim or evacuatio disclaiming any right to take the suit up again; or else they invoke the law when doing things, often by specific chapter and verse but as often just as an idea, from which Roger Collins long ago got an article title, “Sicut lex gothorum continet“, ‘as is contained in the Law of the Goths’.1

A Catalan copy of  the Visigothic Law, Abadia de Montserrat MS 1109, from Wikimedia Commons

An actual Catalan copy of the Visigothic Law, Abadia de Montserrat MS 1109, from Wikimedia Commons

A decade ago already, Jeffrey Bowman added to this a sharp analysis of how selective and free-handed that quotation could be, however.2 A particularly common deformation is what is ‘contained in the law of the Goths’ about inheritance. Book IV Title 2 Era 20 says, as Bowman translates it: “Every freeborn man and woman, whether belonging to the nobility or of inferior rank, who has no children, grandchildren, or great-grandchildren, has the unquestionable right to dispose of his or her estate at will.”3 This is quoted relatively often at the beginning of donations to churches, and sometimes of sales although they tend to invoke other parts of the law, but when it turns up it always turns up with the bit about children and their descendants omitted. Thus what was originally a law that formed part of a block of twenty strictly regulating inheritance so as to prevent property-owners disinheriting their heirs through pious donation (or anything else) winds up being invoked to cover exactly that possibility. Bowman has other examples of this selective quoting, but what he has none of is cases where the people using the law actually write their own provisions into it, and that seems to be what I found towards the end of Catalunya Carolíngia IV.

This should probably have been spotted, in fact, because the document is in a small way famous. It records a gathering at the church of Sant Julià de Manresa (hitherto unrecorded) in March 1000, when in front of the judge Guifré a chap called Odsèn brought three people to swear under oath what had been in nine charters by which he and his wife Sabrosa held property, charters which had recently been lost in a fire. The level of recall is quite surprising, frequently flipping into the narrative person of the actual documents as if actually quoting, and calls to mind an earlier case of similar replacements in which the receipient of the property was said to have got them read out three times at the places involved, although since as I’ve shown that case was using a written model from elsewhere I don’t know quite how we explain what looks like the results of its procedures coming out here, eighty miles west and a a century later.4

There is basically no trace of the church of Sant Julià in Manresa now so the best I can do is tell you roughly where we are for this story...

We actually do have a good few cases of this, however, and it’s clear enough that a procedure existed to handle such losses that it has been given a name by legal scholars, reparatio scripturae.5 It was perfectly legal as far as Guifré was concerned, anyway, as we can tell because he says:

“And after I had heard and seen their numerous testimonies, I the above-said judge looked in the Law of the Goths, in Book VII, Title 5, Era 2, where it says:

‘If indeed they shall have burned in a fire any scripture required by law or stolen and burnt such a scripture, they shall give their professions in the presence of a judge and those professions be confirmed by witnesses, so that the lost or destroyed scriptures may be given force, or if most evidently what the scriptures contained cannot be recalled, then to those whose scriptures they were shall be given licence to prove them by their oath or by testimony’.6

This is, you may think, slightly creative, in as much as what that law seems to have been about is people like the Lombard Pando who famously burnt a document and was then forced to admit by a judge that, “If it had been favourable to me, I would hardly have burnt it”, that is, people who had destroyed their own stuff and needed to be called on it.7 Still, it obviously served Guifré’s purpose as well. Exactly how far Guifré had gone towards fitting the law to the case is however only evident if you actually go and check his citation. For convenience, here’s the translation of S. P. Scott, but the Latin can be checked at the Digtal MGH and he seems to be on the mark here to me:

“If any person should steal, or deface, a document belonging to another, and should afterwards confess, in the presence of the judge, that he had stolen or defaced said document, and this confession should be corroborated by witnesses, said testimony shall have the same force in law as the destroyed or defaced document would have, if it still existed in its integrity. But if the contents of the document cannot be shown with certainty, he who drew it up shall be permitted to prove by his own oath, or by a witness, what said document contained.”8

Now, the differences are partly only in translation: Scott, seeing that the fifth Title of Book VII is called “On Forgers of Documents”, obviously went fully out to make it clear who was to blame for what, and has used ‘confession’ for the word I’ve translated ‘profession’ and so forth; actually the Latin is not so far apart, except that there is no mention of fire in the original. Not one. There is Visigothic Law about stuff that gets lost in fires, but it wouldn’t have helped here and Guifré didn’t quote it. Instead he bolted in some extra phrases to the law, to the very written model he was invoking to justify the outcome of the case, to make sure it applied. (Or the scribe did, this is also possible but doesn’t take away the point, I think, since Guifré is said to have looked it up and found it there.)

Well, you may say, in a saving throw for Y1K Catalan jurisprudence, perhaps there were updated copies of the Law out there that did have this in; perhaps a seventh-century Ur-text established by the best models of German philological editing in the nineteenth century is not the best guide to what people were actually using hundreds of miles from Toledo centuries later. And this is fair enough: what we would really need is, if not Guifré’s own copy of the Book of Judges (for so the Law was called), at least a contemporary one and ideally one from the same judicial milieu. And as it happens we have one of those, copied by Guifré’s occasional colleague Bonhom, my official favourite scribe.9 Even better, there is a recent critical edition of one of them and better still than that, because this is reckoned one of the foundational texts of Catalan law, no less an authority than the Parlament of the Generalitat de Catalunya has stuck it on the open web for free. And this is all very useful, because actually here the Latin is even closer to what Guifré quoted, except that the bit about fire still isn’t there.10

A manuscript of the Liber Iudicum Popularis in the Biblioteca de l'Escorial

A manuscript of the Liber Iudicum Popularis in the Biblioteca de l’Escorial, probably not MS Z.II.2 that we want here but all I can find on the web and probably nicer anyway

It’s hard to see this as forgery in our modern sense, or at least, it is for me. Guifré was not out to defraud anyone here: Odsèn and Sabrosa were in a pickle, they had no problem producing witnesses whose testimony was obviously more or less accurate, no-one seems to have been contesting their right to the lands, and it was Guifré’s job to put the cladding of proper legal process back onto their ownership of it. The law wouldn’t quite cover the case, so he edited it so that it would serve and so that everybody could have what they needed from the meeting. This is very much the model of medieval ‘forgery’ propounded by such luminaries as Christopher Brooke and Giles Constable long ago, where the intent was not necessarily to deceive but to supply evidence that was sincerely believed once to have existed for things everyone knew to be true.11 Here the evidence didn’t exist, but it was needed, so it was supplied. Nothing was lost from this, except perhaps the integrity of the law. But the big point here is that that is our idea of how texts and authorities work, not the medieval one in use here. So often we have to wonder whether ‘the medievals’ thought and reasoned the same way we did. It is useful, therefore, to be able to point at a concrete case and say: this was different, but it was different in a way that we can easily understand, if we choose.

1. Roger Collins, “‘Sicut lex Gothorum continet’: law and charters in ninth- and tenth-century León and Catalonia” in English Historical Review Vol. 100 (London 1985), pp. 489-512, repr. in idem, Law, Culture and Regionalism in Early Medieval Spain, Variorum Collected Studies 356 (Aldershot 1992), V; the milestone name in the Catalan historiography is Aquilino Iglesia Ferreirós, whose classic “La creación del derecho en Cataluña”, in Anuario de Historia del Derecho Español Vol. 47 (Madrid 1977), pp. 99-423, is now revised in his La creación del Derecho: una historia del Derecho español (Barcelona 1988), 3 vols, 2nd edn. (Barcelona 1989-1991), 3 vols; a shorter version of the early medieval part of his scheme is available as “El Derecho en la Cataluña altomedieval” in Federico Udina i Martorell (ed.), Symposium internacional sobre els orígens de Catalunya (segles VIII-XI) (Barcelona 1991-1992), also published as Memorias de le Real Academia de Buenas Letras de Barcelona Vols 23 & 24 (Barcelona 1991 & 1992) and thus online here, II pp. 27-34.

2. Jeffrey Bowman, Shifting Landmarks: Property, Proof, and Dispute in Catalonia around the Year 1000, Conjunctions of Religion and Power in the Medieval Past (Ithaca 2004), pp. 33-55.

3. Karl Zeumer (ed.), Leges Visigothorum, Monumenta Germaniae Historica (Leges Nationum Germanicum) I (Hannover 1902, repr. 2005), transl. S. P. Scott as The Visigothic Code (Boston 1922), IV.2.20, quoted with modifications Bowman, Shifting Landmarks, p. 40.

4. The document here is Ramon Ordeig i Mata (ed.), Catalunya Carolíngia IV: els comtats d’Osona i Manresa, Memòries de la Secció històrico-arqueològica LIII (Barcelona 1999), 3 vols, doc. no. 1840; the previous case is ibid., doc. nos 33 & 34, on which see J. Jarrett, “Pathways of Power in late-Carolingian Catalonia”, unpublished Ph. D. thesis (University of London 2005), online here, pp. 49-53.

5. A term first coined by José Rius Serra, “Reparatio Scriptura” in Anuario de Historia del Derecho Español Vol. 5 (Madrid 1928), pp. 246-253; see now Bowman, Shifting Landmarks, pp. 151-164, pp. 155-156 covering the point I make here but not this case or its special characteristic.

6. Ordeig, Catalunya Carolíngia IV, doc. no. 1840: “Et posquam audivi et vidi sua plurima testimonia supradictus iudex inquisivi in lege gotorum in liber septimus, titulus quintus, ers secunda, ubid dicit: «Si vero alicuo iuri debitam scripturam ad ignem concremaverint aut eandem scripturam substraxisent vel concremasent coram iudicem suas professiones depronant quod professiones ad testibus roboratas, perdiates vel vinciatas scripturas robur obtineant, quod si evidentisime quod scripturas continebant recordare non potuerint, tunc illis quibus scripturas fuerint habeant licentiam comprobare per illorum sacramentum vel per testem».”

7. For details and analysis see Antonio Sennis, “Destroying Documents in the Early Middle Ages” in J. Jarrett & Allan Scott McKinley (edd.), Problems and Possibilities of Early Medieval Charters, International Medieval Research 19 (Turnhout 2013), pp. 151-169, the case instanced at p. 151 with reference.

8. Admittedly, the Latin can’t be checked at the dMGH right now, because it seems to be down, but when I first stubbed this post and did the checks for it at the end of July 2012 (argh) it checked out fine then. The translation is from Scott, Visigothic Code, VII.5.2.

9. On him see Bowman, Shifting Landmarks, pp. 84-99.

10. Jesús Alturo i Perucho, Joan Bellès, Josep M. Font Rius, Yolanda García & Anscarí Mundó (edd.), Liber iudicum popularis. Ordenat pel jutge Bonsom de Barcelona (Barcelona 2003), VII.5.2: “Si uero alicuo iuri debitam scripturam subtraxerint aut uiciauerint, eandem scripturam subtraxisse uel uiciasse coram iudice sua professione depronant, qua professio a testibus roborata, perditae uel uiciatae scripturae robor obtineant. Quod si euidentissime quid scriptura continuit recordare non potuerint, tunc ille, cuius scriptura fuit, habeat licentiam comprobare per sacramentum suum aut per testem…”

11. Christopher N. L. Brooke, “Approaches to medieval forgery” in Journal of the Society of Archivists Vol. 3 (London 1968), pp. 377-386, repr. in Brooke, Medieval Church and Society: collected essays (London 1971), pp. 100-120; Giles Constable, “Forgery and Plagiarism in the Middle Ages” in Archiv für Diplomatik Vol. 29 (München 1983), pp. 1-41.

Three-pointed sales and the limits of comital power

While I was slogging through the documents in Catalunya Carolíngia IV I became aware that I was seeing a particular thing again and again, that being apparent deals in which a property was sold to one party and then immediately sold on to another. The first set-up like this that I met, and I’m now thinking perhaps the oddest, was the repeated sales of the castle of Carcolzes, which I mentioned here a long time ago. There, Count-Marquis Borrell II borrowed half of the Osona frontier castle of Clarà from Bishop Sal·la of Urgell, pledging the Urgell one of Carcolzes to the bishop in exchange, and then wouldn’t give Clarà back. Sal·la plainly didn’t want Carcolzes for keeps (er, no pun intended), and he complains about it at great length in a document in which he sold it to his sacristan Bonhom for 500 solidi‘s worth of produce. Bonhom doesn’t seem to have liked it either, though, and sold it on to Viscount Guillem of Urgell, which we know because the next year we find Guillem selling it back to Bishop Sal·la for an equivalent price, whereafter Sal·la gave up and gave it to the cathedral of Urgell for his archdeacon nephew to hold as castellan.1

The remains of Castellnou de Carcolzes

The remains of Castellnou de Carcolzes, image from Wikimedia Commons. I suppose the fact that there had to be a new castle shows that the problems were irremediable…

In that case it seems more or less obvious what’s going on, to wit that the bishop got swindled and that there was something really wrong about Carcolzes that became apparent to each of its holders, though never so much as to make them accept a lower price. But the other case we’ve seen here, in which Borrell II (again) sold a substantial deal of land at el Buc in Manresa for 200 solidi to his wealthy follower and castellan Unifred Amat, who then the next day promptly sold it to someone called Guifré, with Borrell witnessing, it was obviously designed to wind up that way in the first place, and I speculated at length as to exactly what configuration of power would explain it.2 Now, I have three more cases that may make things a bit clearer.

The Castell de Gotmar at Callús, from Wikimedia Commons

The Castell de Gotmar at Callús, again from Wikimedia Commons

The first of these is basically the same set-up as the previous: Borrell II’s son Ramon Borrell, acting for his father in Osona in the last year of Borrell’s life, 992, sells an alod called Castellet to a priest by the name of Miró Marcuç for 100 solidi and Miró next day sells it on to Abbot Arnulf of Santa Maria de Ripoll. Arnulf witnessed the first transaction and the same scribe wrote both.3 Here, if I had nothing else, I’d think that for one reason or another Miró needed a big favour from Arnulf and used his apparent connection to the count to get it, though one would ideally still like to know what it was about Castellet that made it better than anything Miró already owned (which was a fair bit).4 The other two cases begin to suggest an answer to that dilemma, and thus to what may have been going on in the case at el Buc too.

The Castell d'Òdena, image from Wikimedia Commons

The Castell d’Òdena, image once more from Wikimedia Commons

Back a bit to 989 and some familiar participants. We are now at the castle of Òdena, founded by none other than Unifred Amat with his daddy Sal·la, and it is two more persons of the latter name who are dealing here, the first being an Òdena-based Sal·la who was clearly connected to the family to which Unifred belongs but whose relation to them is never stated and the second being the bishop (who was Unifred’s first cousin).5 On 10th May the first Sal·la sold the second Sal·la a substantial alod that he had “from my parents or from purchase or from aprisio“, for which the bishop paid him 2 pesatas in goods, probably equivalent to 480 solidi.6 Then, on 12th May, Count-Marquis Borrell II and his son Ramon Borrell, tous les deux, sold it back to the first Sal·la and his wife for two pesadas in goods as before, helpfully explaining that the bishop had sold it to them (presumably on the 11th).7 Why on earth go through all this in three days? The answer seems to be in the only difference between the two property descriptions: the counts sell the estate “sine ulla inquietudine vel sine ullo censu vel sine ulla funccione”, ‘without any disturbance or any rent or any service’, more or less, in other words tax-free. And this is also what happens in the other case, on 16th April 990, where a priest called Sunifred gives Ramon Borrell an estate in Sant Llorenç and gets it back the same day at the price of 100 solidi, but accompanied by “censum vel functionem qui exinde exiebat vel exire debebat”, ‘the render or service that used to come or should have come from it’.8 This case gives us some extra, as not only was it obviously worth 100 solidi for Sunifred to have those dues lifted off the estate, but we also have his purchase of the estate the previous year, and then he paid a pesa in goods, probably about 240 solidi‘s worth.9 So Ramon Borrell was not getting the estate’s worth in this deal: it really was a sale of tax revenue done in a rather roundabout way.

Castell de Sant Llorenç del Munt, Osona

Castell de Sant Llorenç del Munt, Osona

Might this then be what’s going on in the other cases? With Carcolzes, I think it cannot be; the castle went through fiscal hands twice and the people who should have had the advantage of that still got rid of it. In the other two cases, however, it’s more possible. Granted, the documents don’t say that the lands were sold tax-free, but on the other hand we don’t have any indication that they weren’t the counts’ to start with, and it might be that comital land didn’t pay tax (though that would raise more questions). I do think it’s significant that all these deals involve the same limited set of participants, Borrell, Ramon Borrell or Bishop Sal·la, and that they all take place so close together, all within three years of each other bar the case with Unifred Amat. (Carcolzes is trickier, as what we have is Sal·la giving up, rather than the original pledge, but to take him at his word he seems to have held the place for two Pentecosts and more before giving up on getting his own castle back, and he did that in 993, so this could still be in that group.)

The Castell de Clarà

The one that got away: Castell de Clarà, though when Bernat and Borrell had to share it I guess there was more than this!

Whether these are all the same thing or not, though, it tells us something interesting about the power the counts of this age could claim. Firstly, it tells us that they could actually demand enough revenue from privately-held land that it was worth paying quite a lot to be rid of those obligations, though I have my suspicions that the actual demanding of those obligations was fairly new and that if played right this could be less of a general system and more of a protection racket, in which the counts picked somebody whose tax liability they were willing to enforce in order to bind them closer into the structure of personal obligations created by these kinds of deals.10 But it also tells us about limits. The counts of Barcelona circa 990 would not, or could not, simply sell tax revenue; elaborate structures of transaction had to be mounted within which that was done. Later on there would be no problem with this, or even with making a personal obligation out of it: that’s what the money fief’s for, right?11 (Likewise, at Carcolzes, Borrell could apparently not simply compulsorily purchase a half-share of Clarà but had to extort it, though that may have more to do with the fact that the owner of the other half, Sal·la’s brother Viscount Bernat of Conflent, was not under his direct control.12) But at this stage they didn’t have the tools for it; while Borrell II was alive, at least, what would later be done with arrangements in fief had to be cloaked in traditional formulae. The question I have yet to answer is whether this is because what they are doing was actually new (which other things Bishop Sal·la did might support) or because Borrell was especially keen on making his governmentalist power-grabbing look old-fashioned and traditional (which other things he did would support).13 A further question is whether this was happening a lot more widely but is undetectable when we only have one of the documents in the chain. Plenty to do! But here’s one way I’m working this stuff out.

1. C. Baraut (ed.), “Els documents, dels anys 981-1010, de l’Arxiu Capitular de la Seu d’Urgell” in Urgellia: anuari d’estudis històrics dels antics comtats de Cerdanya, Urgell i Pallars, d’Andorra i la Vall d’Aran Vol. 3 (Montserrat 1980), pp. 7-166, doc. nos 239 & 243.

2. Ramon Ordeig i Mata (ed.), Catalunya Carolíngia IV: els comtats d’Osona i Manresa, Memòries de la Secció històrico-arqueològica LIII (Barcelona 1999), 3 vols, doc. nos 678-680.

3. Ibid., doc. nos 1635 & 1636.

4. I identify him in ibid., doc. nos 1189, 1364, 1391, 1411, 1537, 1538, 1539, 1592, 1602, 1609, 1620, 1635, 1636, 1734, 1747, 1768 & 1789, in all but two of which (1592 and 1636 as above) he was buying land, mostly in Castell Gotmar and often from the same people, which makes me wonder if we see a large family here consolidating as per Jonathan Jarrett, Rulers and Ruled in Frontier Catalonia 880-1010: pathways of power (Woodbridge 2010), pp. 112-114.

5. The kindred relations here are worked out by Manuel Rovira, “Noves dades sobre els vescomtes d’Osona-Cardona” in Ausa Vol. 9 no. 98 (Vic 1981), pp. 249-260.

6. Ordeig, Catalunya Carolíngia IV, doc. no. 1556.

7. Ibid., doc. no. 1557.

8. Ibid., doc. nos 1578 & 1579.

9. Ibid., doc. no. 1559.

10. Ideas about what comital power could demand here are very strongly based around templates from elsewhere and less around local evidence. The best such schematic treatment is probably still Ramon d’Abadal i de Vinyals, “La institució comtal carolíngia en la pre-Catalunya del segle IX” in Anuario de Estudios Medievales Vol. 1 (Barcelona 1964), pp. 29-75, repr. in idem, Dels Visigots als Catalans, ed. Jaume Sobrequés i Callicó, Estudis i Documents XIII & XIV (Barcelona 1969, repr. 1974 & 1989), I pp. 181-226.

11. Best described in Marc Bloch, La Société féodale (Paris 1939), 2 vols, transl. L. A. Manyon as Feudal Society (Chicago 1961), 2 vols, I pp. 173-175 of the translation.

12. Jarrett, Rulers and Ruled, pp. 136-141.

13. Sal·la for example issued lands in benefice with the prescription that its holders might seek no other lord and was the first ruler in his area to grant land by convenientia, the term that would later be used of grants in fief; see Jonathan Jarrett, “Pathways of Power in late-Carolingian Catalonia”, unpublished Ph. D. thesis (University of London 2005), online at, last modified 24th March 2011 as of 15th February 2014, pp. 305-307, and Adam J. Kosto, Making Agreements in Medieval Catalonia: power, order and the written word, 1000-1200, Cambridge Studies in Medieval Life and Thought 4th Series 51 (Cambridge 2001), pp. 54-59; for Borrell’s initiatives, see Jarrett, Rulers and Ruled, pp. 141-166.

Charter-hacking II, From the Sources VIII, Feudal Transformations XVI: scribes who take us through the mutation documentaire

When I set this post up as a stub at the end of June 2012 – yup – it was while I was still working steadily through the three thick volumes of Catalunya Carolíngia IV, and I read a document and decided it was my new favourite charter. This happens quite a lot if you’re me—I think my current favourite charter is Beaulieu LXXI, for reasons I may some day get to—but this one played into the continual problem people working on the supposed changes around 1000 have, or indeed anyone working on change may have if their evidence base grows hugely at a certain point in their period: how do you tell that the changes you are seeing are not simply the result of having enough evidence to catch them at last?

The three volumes of the Catalunya Carolíngia covering Osona and Manresa

Shortage of evidence is not really a problem I have

This is of course nothing other than the ‘mutation documentaire’ argued by Dominique Barthélemy in opposition to those who see a ‘mutation féodale’, a feudal transformation around or soon after the year 1000, and it’s especially problematic for Catalonia where the evidence only really begins in the 830s and gets much denser from 940 onwards. This is far from the first time I’ve brought this up here, and I’m not the first to try and find counters either; we’ve seen Brigitte Bedos-Rezak’s take here and I could also, as ever, mention Pierre Bonnassie’s use of numismatic evidence to show that the charters of Catalonia do in fact reflect known changes very quickly.1 I’ve since tried testing for actual change between documents that cover the same sort of things, but we still come up against the problem that change on the documents might be provoked by factors other than changes in actual social practice, even if that would probably also do it… This document enables another attack, however, as we’ll see. I translate from the Latin given in the footnote:2

“In the name of the Lord. I Ermemir am seller to you Adroer, buyer. By this document of my sale I sell to you my selfsame alod that I bought from Déudat and that was the late Atilà’s, that is, houses with a courtyard and gardens and cultivated and waste land as well as a vineyard with its trees, which came to me through purchase or whatever voice, and it is in the county of Manresa, in the castle [term] of Avinyó, in the villa that they call [that]. And all these things inserted above bound: from the east on the torrent that runs there and from the south on the farmstead or on the fief and from the west on the road that goes to various places and from the north on the vineyard of me the seller. Whatever is included within those same four bounds thus I sell you, the selfsame alod that is described above, for the price of 20 solidi in equivalent goods, and it is manifest. Over the which aforesaid alod that I sell you, indeed, I hand from my right to yours dominion and power to do whatever you may want. For if I the seller or any other man who should come to disrupt this same charter, let him not avail in vindicating this but let him compound the selfsame houses with the courtyard and the land with the vineyard and the selfsame trees twofold with all their improvements, and in future let this charter of sale remain firm and stable now and for all time.
“This same charter of sale done the ninth Kalends of May, in the second year that King Louis, son of Lothar, was dead, and King Hugh ought to reign.
“Ermemir S[ub]S[cribe]S, who asked for this same charter of sale to be written and the witnesses to confirm. Mark of Odó. Signed Atilà. Signed Bonfill.
“Oruç, priest, who wrote this same charter of sale and S[ub]S[cribe]S on the day and year as above.”

So, OK, what is so special about this, you may be asking, it looks like a regular enough document? And that’s part of its charm: Oruç clearly knew how a charter should go and stuck to the formulae as far as possible, but in some places it wouldn’t quite work and he had to adapt. The most obvious of these is the dating clause. It’s 989 and there are no more Carolingian kings; Catalonia is famous for its preference for these, to the extent that at this same period one or two scribes went so far as date their documents by Duke Charles of Lorraine, Louis’s uncle who never actually succeeded him, but here we seem to have a scribe or even a transactor who thinks this ridiculous, a lone voice of pro-Capetian opposition.3 There’s no way that’s formulaic pressure, or even a political agenda for the area laid down from on high: this can only be, as with the other dating clause variations at this time, a contemporary reaction to change.

Castell d'Avinyó landscape

Castell d’Avinyó as it now is. I guess it was busier then? From Wikimedia Commons

Once you start looking for those traces of shifting practice, there are more here. The important one for my current work is the reference to a fief on the southern boundary. I know that’s a loaded word, but bear with me. There are in fact quite a few charters from Osona and Manresa, and maybe further afield, that have a benefice, beneficium, on their boundaries. That’s another word with a lot of possible meanings, but there’s three things about it I notice when it turns up: firstly, the word almost never occurs in any other context, so it’s not as it sometimes is elsewhere a catch-all for almost any property, goods or landholding. Secondly, there’s only ever one of these things per charter, and it’s tempting because of that to say it’s always the same one per area and that there is only one. Thirdly, it never, ever, belongs to anyone, whereas usually all the other tenures given as bounds have named owners. (With our example of the day we’re in the wilds and most of the other sides are natural features, but see here if you want.) What I take this to mean is that this land is a benefice, that is, a revocable holding given by a lord to a subordinate, whoever holds it, and that therefore it probably associates with an office. From there it’s but a short jump to saying: this is the allotment of land that supports the local castle, and this is a jump I have made relatively happily before now.4

While I was reading Catalunya Carolíngia IV, I became aware that new words that seem to be doing this same job start to occur towards the end of the tenth century, two of which are the ones we have here, aragal and fevum. The former is tricky: in Castilian documents it seems to mean `stream’ or ‘watercourse’, but Niermeyer gives it as a variant of areale and makes it basically a farm or a piece of land where a farm will be put.5 My sense is that the estate meaning is what we have here, but in any case here the scribe himself isn’t sure it’s right, apparently; it may be a fief. That presents other problems because of other documents doing just this dance not between fief and aragal but between fief and fisc, but that’s exactly why it seems to me that this is the allotment of the local castle, the benefice as was.6 But apparently no longer! Again, formulaic pressure should keep it the same here, but with everything else pretty much stuck in the usual register, ‘my right to yours’, ‘dominion and power to do whatever you may wish’, and so on, this word has to change, because apparently something is going on that means it’s not like a benefice any more. One might suspect that that something is a recognition of hereditary tenure, or maybe a reclassfication or restressing of fiscal rights by the count, and the fact that those two seem like trends in opposite directions isn’t exactly helpful, but this does seem to me a case where the scribe is genuinely having to change his words with the times.

Scribal signture of Arxiu Capitular de Vic, calaix 6, no. 242, by Jonathan Jarrett

The signature of at least an Ermemir, in a different document, Arxiu Capitular de Vic, calaix 6, no. 242, photo by your humble author

There is more I could say about this charter. The tenure history is unusually informative, for a start, and that itself raises the possibility that either the scribe or the transactor were unusually talkative (though that again evidences a willingness to bend formulae to practice). Also, I suspect that this Ermemir who makes the sale, and possibly Adroer to whom he sells, could be found elsewhere signing as priests in that manner I described a while back. Alas, I still don’t have a way into the Montserrat archive where this document resides, so although Ermemir signs this document autograph so that it ought to be possible to compare with the relevant priest as above, I still can’t. But we have plenty to talk about already, no?

1. For Barthélemy’s position I suppose the quickest consultation is D. Barthélemy, “The Year 1000 without abrupt or radical transformation” in Lester K. Little & Barbara H. Rosenwein (edd.), Debating the Middle Ages: issues and readings (Oxford 1998), pp. 134-147, extracted and translated from Barthélemy’s La société dans le comté de Vendôme de l’an mil au XIVe siècle (Paris 1993), pp. 333-334, 349-361 & 363-364. Also referred to here: Brigitte Bedos-Rezak, “Diplomatic Sources and Medieval Documentary Practices: an essay in interpretative methodology” in John van Engen (ed.), The Past and Future of Medieval Studies (Notre Dame 1994), pp. 313-343, and Pierre Bonnassie, “Nouveautés linguistiques et mutations économico-sociales dans la Catalogne des IXe-XIe siècles” in Michel Banniard (ed.), Langages et peuples d’Europe : cristallisation des identités romanes et germanique. Colloque International organisé par le Centre d’Art et Civilisation Médiévale de Conques et l’Université de Toulouse-le-Mirail (Toulouse-Conques, juillet 1997), Méridiennes 5 (Toulouse 2002), pp. 47-66.

2. Ramon Ordeig i Mata (ed.), Catalunya Carolíngia IV: els comtats d’Osona i Manresa, Memòries de la Secció històrico-arqueològica LIII (Barcelona 1999), 3 vols, doc. no. 1555: “In nomine Domini. Ego Ermemirus vinditor sum tibi Adrovario, emtore. Per hanc scriptura vindicionis mee vindo tibi ipsum meum aulode que ego emi de Dodadus et qui fuit de Atilanii condam, id est casas cum curte et ortos et terra culta vel erma simul cum vinea vel cum arboribus, qui mihi advenit de comparacione vel per quacumque voce, et est in comitatum Minorissa, in castrum Avignone, ad ipso villare quem dicunt. Et afronta ec omnia superius inserta: de oriente in torente qui inde discurit et de meridie in ipso aragal vel in ipso feo et de occiduo in via qui pergit in diversa loca et de circii in vinea de me vinditore. Quantum infra istas IIIIor afrontaciones includunt sic vindo tibi ipso aulode quod superius resonat, totum ab integrum, cum exio vel regresio suo, in propter precium solidos XX in rem valentem, et est manifestum. Quem vero predicto ipso aulode que tibi vido de me iuro in tuo trado dominio et potestatem ad facere omnia que volueris. Quod si ego vinditor aut ullusque homo qui contra anc ista carta vindicione pro inrumpendum venerit non oc valeat vindicare set componat ipsas casas cum curte et orto et terra cum vinea vel cum ipsos arbores in duplo cum omnem suam immelioracione, et in antea ista carta vindicione firma et stabilis permaneat modo vel omnique tempore.
“Facta ista carta vindicione VIIII kalendas madii, anno II quod obiit Leudevicii regi, filium Leutarii, et debet regnare Ugone rex.
“Ermemirus SSS., qui ista carta vindicione rogavi scribere et testes firmare. Sig+num Eudone. Sig+num Adila. Sig+num Bonefilio.
“Aurucius presbiter, qui ista carta vindicione scripsit et SSS. die et anno quod supra.”

3. On these tendencies see Anscari M. Mundó, “La datació de documents pel rei Robert (996-1031) a Catalunya”, in Anuario de Estudios Medievales Vol. 4 (Barcelona 1967), pp. 13-34.

4. In J. Jarrett, Rulers and Ruled in Frontier Catalonia, 880-1010: pathways of power (Woodbridge 2010), p. 84, where an example is given.

5. Jan Frederik Niermeyer (ed.), Mediae Latinitatis Lexicon Minus. Lexique latin médiéval–français/anglais. A Medieval Latin–French/English Dictionary (Leiden 1976), p. 59.

6. Locally, see Manuel Riu, “Hipòtesi entorn dels orígens del feudalisme a Catalunya” in Quaderns d’Estudis Medievals Vol. 2 no. 4 (Barcelona 1981), pp. 195-208 at pp. 203-204, but the usage is more widespread than that and was thus noticed a long time ago by none other than Marc Bloch, in e. g. “Histoire d’un mot” in Annales d’Histoire Sociale Vol. 1 (Paris 1939), pp. 187-190.

Name in Lights V

[This is cobbled down from the sticky post above so that, if I ever get this blog properly sorted out, the notice will be at the right place in the timestream. Sorry if you've read it already. On the other hand, maybe now your interest is sufficiently piqued to follow the link?]

Cover of Reinhard Härtel's Notarielle und kirchliche Urkunden in hohen und frühen Mittelalter

Cover of Reinhard Härtel’s Notarielle und kirchliche Urkunden in hohen und frühen Mittelalter

In June 2012, the world was `enriched’ by another of my reviews, of Reinhard Härtel’s Notarielle und kirchliche Urkunden im frühen und hohen Mittelalter (Wien 2011), which came out in The Medieval Review 12.06.21, and you can read that here. The book is useful but oddly-built; my review has, for better or worse, been described as a “Jarrett classic”. Have a look and see if you can determine what that person meant…

Seminar CXLV: Gregory of Tour’s F-word

I’m sorry it is taking so long to get momentum up again here. The arrival of Internet at home only occurred quite recently and all my teaching is on new courses so weekly maintenance of them is taking a while. There’s also an issue about exactly what to update with: I’m a year behind with seminars or very nearly, and they’re none of them advertisements for where I now work because I didn’t go to any here in that year, and my non-seminar blogging is even further behind, though that doesn’t date so badly. Obviously one thing that makes no sense to do is to blog papers on which others have already reported, and yet here I am doing just that. The paper in question is one by an ex-colleague, someone else who since got a job, Dr Erica Buchberger, and on the 10th October last year she was speaking at the Institute of Historical Research Earlier Middle Ages Seminar with the title “Romans in a Frankish World: Gregory of Tours, Venantius Fortunatus and Ethnic Identities”, and Magistra already covered this at Magistra et Mater, but I have some things I want to add, what can I say, so here we are a year in the past. What’s a year when we’re discussing the sixth century, after all?

Frontispiece of manuscript of Gregory of Tours's Ten Books of Histories

Frontispiece of what even the Bibliothèque nationale de France call the History of the Franks, from Wikimedia Commons

As Magistra says, the issue at issue here was why Gregory, our foremost source for the early Frankish kingdoms, does not mention Romans among the population of the Frankish kingdoms, and Erica was arguing that because he still thought of everyone in his area as being Roman really, the word never needed to come up, especially as in broad terms it meant much less than an identity based on city and family or origin. In arguing this she has to deal with the fact that Gregory’s contemporary Venantius Fortunatus is quite happy to call people Romans, but as she observed, they are writing very different kinds of text, Gregory’s Histories in a Church tradition and apparently for a small private Church readership, and Venantius public praise poetry of a kind where ancient referents were just a lot more likely to have traction. And I’m fine with that, to an extent, and certainly the bit about Venantius.

I had, however, when this paper was given lately been re-reading Gregory, and I find it harder to be sure whom he meant by `Franks’. The Histories are translated as History of the Franks and for us it’s what they’ve become, but Gregory’s own titles appears just to have been Ten Books of Histories; even here there was no ethnicity.1 It’s not as if Franks don’t come up a lot but I have to say that it seems to me, not having done a proper count or anything, that the places are few, very few, where you could not replace the word `Frank’ with `warrior’ and have it do basically the same job. The Franks, as a group, is most often the army, or so it seems to me. Self-evidently Gregory thought descent and family was important, he praises many a person for the family they belonged to, and sneaks a great many of his own relatives on to stage without giving that away, and some of the people he praises for this nobility of birth are even Franks, in as much as they are in the military or civil government, have Germanic not Latin names and hang out at court. But single Franks identified as such are rare in the narrative, and where they do turn up they’re usually carrying weapons.

Museum display of supposedly-Frankish arms

‘Frankish’ arms, including the axe known for this reason as a ‘francisca’, in the Germanisches Nationalmuseum, Nuremberg, image from Wikimedia Commons

Obviously there are reasons why I read it like this, and they are principally that I have been using this as a test reading for early medieval texts that seem to be talking about ethnicity for a long time, ever since I read an article a while back that suggested that by the ninth century `Goth’ might be more or less a professional category.2 I also find it possible to get to this point by extrapolation from work like Guy Halsall’s suggesting that `barbarian’ units in the late Roman army might have been as ethnically Roman as they were barbarian, if either category really means much in a world already mixing; an analogy would be football teams like the Washington Redskins, who are not, I believe it is safe to say, native Americans or whatever the correct term is for `people who got here before the people we think we are did’ (to pick a topical example).3 I suspect that Professor Halsall wouldn’t go as far as this but you can see how one could get from there to a position where “Join the Army! Be a Frank!” doesn’t seem like a completely stupid slogan to imagine, especially given that what `Frank’ means etymologically is no more than `free man’. And, as was noted in questions, it’s not as if even Gregory is perfectly clean here; almost all his relatives whom he names are churchmen and have good Latin names, and the exception is a maternal uncle, Gundulf, who is a count. If Gregory didn’t say that man was his relative, I’m sure we’d largely assume he was a Frank. And I suspect he was, in the terms of the time, but I don’t think that has to mean Gregory thought he himself was one. One might even argue that, since families mix all the time and the upper nobility was quite presumably blended between immigrants and locals in most of the Gaulish cities by now, anyone who went into either civil administration or Church probably had both immigrant forebears and local ones and could duly emphasise whichever strand of ancestry he chose as his career developed. But I do wonder if even that much attempt to preserve an idea of ethnic descent is necessary to understand these texts and the time.

Besides: if you want to query Gregory for identities, wouldn’t it also make sense to look at how he uses the word `Gaul’… ?

1. The two translations usually used are The History of the Franks, transl. Oliver M. Dalton (New York 1927) and The History of the Franks, transl. Lewis Thorpe (Harmondsworth 1974, many reprints). They’re both good but that’s not what the title is! The rest of this post would be more rigorous with book and chapter citations, but they would mean me slowly going through the whole work clocking ethnicity terms, duplicating Erica’s work in fact. I didn’t do that when re-reading and I shan’t do it now, so my impressions remain impressionistic; if someone feels they’re wrong and wants to substantiate that I’m more than happy to indicate as much in additions to the post or whatever.

2. Jesus Lalinde Abadia, “Godos, hispanos y hostolenses en la órbita del rey de los Francos” in Federico Udina i Martorell (ed.), Symposium internacional sobre els orígens de Catalunya (segles VIII-XI) (Barcelona 1991-1992), 2 vols, also published as Memorias de le Real Academia de Buenas Letras de Barcelona Vols 23 & 24 (Barcelona 1991-1992), II pp. 35-74.

3. Guy Halsall, Barbarian Migrations and the Roman West, 376-568 (Cambridge 2007), esp. pp. 189-194.