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Settling the sins of your father: when counts lost in court

Work pressure continues to damage my great resolve to reduce backlog here, but here is a thought I first had in June of this year when dealing with Josep María Salrach’s Justícia i poder (it was a very fruitful read for me), that perhaps addresses that question of why we sometimes see the counts of Barcelona of the tenth century lose court cases in documents that they then preserved, which we lately debated, and which has just come up again in the work I am just about managing to do.1

Cover of Josep María Salrach's Justícia i poder en Catalunya abans de l'any mil (Vic 2013)

Cover of Josep María Salrach’s Justícia i poder en Catalunya abans de l’any mil (Vic 2013)

You see, of late I have trying to get a decent detailed chronology of the reign of Count-Marquis Borrell II of Barcelona, Girona, Osona and Urgell (945/947-993) worked out. This is something you would think I had but apparently not quite enough; some interesting things are occurring to me just by realising that, oh, those two things happen sequentially, and so forth. But it has also reminded me of the details of two things that happened when he died: firstly, a number of people made bequests or donations for his soul, usually of lands or properties that they had originally got from him.2 Then, after a while, we start to hear about the opposite, people who lost land or property to him. The first of these is Bishop Sal·la of Urgell, in a curious case I discussed here long long ago, but after a few years more follow, indicating that Borrell was not always scrupulous about how he obtained property that he felt he needed. There are six of these cases all told, where despite land having been given somewhere it wound up back in the count’s hands.3 In three of these cases people had gone to law against Borrell for the properties and their right been admitted but somehow the counts never quite handed it back. Once Borrell was dead, these things could be pursued, although one of these cases comes up in 1021, so it took a long while all to work out.4 I feel this nuances Salrach’s point about the counts needing to lose some cases to make it clear to people that that could happen; losing might not cost them very much given that they were their own enforcement…

The ruins of the castle after which Castellfollit del Boix, location of the property Borrell had grabbed back, is named. By Elmoianes (Own work) [CC-BY-SA-3.0-es], via Wikimedia Commons.

The ruins of the castle after which Castellfollit del Boix, location of the property Borrell had grabbed back, is named. By Elmoianes (Own work) [CC-BY-SA-3.0-es], via Wikimedia Commons.

What interests me is the way that Borrell’s heirs handled these cases, however. This is quite different between his two sons, Ramon who succeeded him in Barcelona, Girona and Osona and Ermengol who did so in Urgell. Ramon Borrell is another of Salrach’s rulers who didn’t mind correcting himself, as we’ve seen, but he was also very happy to correct his father: we’ve seen before the case where Sant Benet de Bages took Ajó, widow of the judge Guifré, Vicar of la Néspola, to court for land that had been given to Sant Benet at its endowment (Sant Benet being a foundation of Ajó’s daddy, which also complicates things). Borrell had grabbed the land back and bestowed it upon Guifré by charter, and though Ajó had that charter Ramon Borrell’s court decided that Sant Benet’s title was better and awarded the land to the monastery.5 Last time I discussed this it was because that didn’t work, and a second hearing let her have it for life under rent to the monastery, but that hearing did not take place before a count.6 Ramon was happy to admit that his father had done wrong. Ermengol was also happy to do this but for a different reason: the two cases of this in his charters both involve fairly substantial payments by the unlucky defendant for their rights: in 1007, for example, Ermengol’s fidelis Sunyer gave him five denarii and a horse so that Ermengol would remit to him an alod in Solsona for part of which Sunyer had already taken Borrell to court and won, for all the good it apparently did him.7 Ermengol, who is also the best-documented recipient of a payment for simony I know, seems mainly to have offered justice at a price. Two years later, indeed, Ermengol made his will and there gave back to Santa Maria d’Urgell the villa of Tuixén which Borrell had bequeathed to the cathedral in his will, so the two brothers obviously learnt different things from their father’s examples…8

The village of Tuixén

The selfsame villa of Tuixént, as it is now spelt. By Jordi Picart (Own work) [CC-BY-SA-3.0 or GFDL], via Wikimedia Commons

What all this makes me think of is the efforts that Charlemagne’s son Louis the Pious, the second Holy Roman Emperor, made to demonstrate that his succession in 814 meant a change of régime: most of Charlemagbne’s courtiers were chased out, all Louis’s sisters put into nunneries and some of his male relatives tonsured too, and (we are told, though it was obviously not wholly true) all of Charlemagne’s charters called in and replaced. There was also a set of judicial enquiries set in train to clear up hanging cases like those we just looked at where justice had not in fact been done.9 One of the Catalan counts in fact did the charter replacement too, or so we are told, and again the survival makes this look unlikely but the fact that it was said is impressive.10 I guess that there was some important political capital to be made when a long-lived ruler died in reaching out to the people who had become his enemies and whom he had excluded from access to central power; by calling Daddy’s decisions into question you could tell those people that the situation was up for renegotiation and hope to bring them on board without necessarily having to go quite as far as did Louis in getting rid of the old guard.

Maquette in the abbey church of Corbie of the abbey church of Corbie (1810)

Mind you, there were worse places to wind up than where two of Louis’s cousins did, the abbey of Corbie, here delightfully represented by a maquette of the modern church as in 1810 inside the modern church as of this century. By Paulparis2010 (Own work) [CC-BY-SA-3.0 or GFDL], via Wikimedia Commons

This model is quite easy to find once you start looking, and I suspect it explains quite a few of Salrach’s cases where the counts let themselves be seen to lose; it was not they who lost, but the grip of their father. And if you think back to the Vallformosa case we discussed a few posts ago and have such trouble explaining, you’ll notice that the same thing is going on there: Borrell was pursuing rights that his father had claimed, exactly thirty years after his father had died when it cannot, legally, have had a chance of working out because of the legal limit on unpursued claims in the local law. Was the point to show that his father’s claims were not always just? I think, in this case, probably not, because Borrell had been willing to outright say as much when it must have counted a good deal more, just after his succession; but the tools he was using could be put to that purpose, and his sons were good learners.11 There is stuff I still have to work out here but I do think that dealing with succession to the successful, and perhaps still more to the unsuccessful (which is arguably more how Borrell was seen, after the sack of Barcelona in 98512) is part of what was going on with these cases of comital defeat.


1. J. M. Salrach, Justícia i poder en Catalunya abans de l’any mil, Referències 55 (Vic 2013), pp. 109-118.

2. For example, Argemir and Major giving land they had from him at Castelltallat to Sant Benet de Bages in 995 (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. 1705, or no less than Count Bernat Tallaferro of Besalú and his wife Tota giving with the church of Santa Maria de Merlès, built on land he got from Borrell, to Santa Maria de Ripoll in 997 (Petrus de Marca, Marca Hispanica sive Limes Hispanicus, hoc est geographica & historica descriptio cataloniae, ruscinonis, & circumiacentium populorum, ed. Étienne Baluze (Paris 1688; repr. Barcelona 1972, 1989), ap. CXLV.

3. In order, Cebrià Baraut (ed.), “Els documents, dels anys 981-1010, de l’Arxiu Capitular de la Seu d’Urgell” in Urgellia: anuari d’estudis hist&orave;rics dels antics comtats de Cerdanya, Urgell i Pallars, d’Andorra i la Vall d’Aran Vol. 3 (Montserrat 1980), pp. 7-166, doc. no. 239; Ordeig, Catalunya Carolíngia IV, doc. nos 1840 & 1864; Baraut, “Documents, dels anys 981-1010″, doc. no. 286; Baraut (ed.), “Diplomatari del monestir de Sant Sadurní de Tavèrnoles (segles IX-XIII)” in Urgellia Vol. 12 (1995), pp. 7-414, doc. no. 35; José Rius Serra (ed.), Cartulario de «Sant Cugat» del Vallés Vol. II (Barcelona 1946), doc. no. 454; Gaspar Feliu & Salrach (edd.), Els Pergamins de l’Arxiu Comtal de Barcelona de Ramon Borrell a Ramon Berenguer I, Diplomataris 18-20 (Barcelona 1999), 3 vols, doc. no. 154.

4. The law cases are Baraut, “Tavèrnoles”, no. 35, Rius, Sant Cugat doc. no. 454 and Feliu & Salrach, Pergamins, doc. no. 154, the last being the 1021 one.

5. Ordeig, Catalunya Carolíngia IV, doc. no. 1840.

6. Ibid. doc. no. 1864.

7. Baraut, “Tavèrnoles”, doc. no. 35.

8. Baraut, “Documents”, doc. no. 300. Even then, Ermengol I still forgot to actually get the bequest carried out and Bishop Ermengol (no relation) had to take Ermengol I’s son Ermengol II (obviously more related) to court for it in Baraut (ed.), “Els documents, dels anys 1010-1035, de l’Arxiu Capitular de la Seu d’Urgell” in Urgellia Vol. 4 (Montserrat 1981), pp. 7-186, doc. no. 528. Nor was that the first time the comital family had grabbed back Tuixén just after it had been given away; I’m not quite sure why they kept letting it go…

9. Recorded in Thegan, Gesta Hludowici imperatoris, ed. E. Tremp in idem (ed.), Thegan, Die Taten Kaiser Ludwigs (Gesta Hludowici imperatoris). Astronomus, Das Leben Kaiser Ludwigs (Vita Hludowici imperatoris), Monumenta Germaniae Historica (Scriptores rerum germanicum in usum scholarum separatim editi) LXIV (Hannover 1995), online here, last modified 8 November 2004 as of 30 May 2008, pp. 167-277 with commentary pp. 1-52, cap. X.

10. Santiago Sobrequés i Vidal, S. Riera i Viader & Manuel Rovira i Solà (edd.), Catalunya Carolíngia V: els comtats de Girona, Besalú, Empúries i Peralada, Memòries de la Secció històrico-arqueològica LXI (Barcelona 2005), ed. Ramon Ordeig i Mata, 2 vols, doc. no. 288.

11. That more extreme case is the appointment of a replacement for his father Sunyer’s nominee as abbess of Sant Joan de Ripoll, recounted in Ordeig, Catalunya Carolíngia IV, doc. no. 645.

12. Gaspar Feliu, La Presa de Barcelona per Almansor: història i mitificació. Discurs de recepció de Gaspar Feliu i Montfort com a membre numerari de la Secció Històrico-Arqueològica, llegit el dia 12 de desembre de 2007 (Barcelona 2007), online here, last modified 15 September 2008 as of 3 November 2008.

Announcing All That Glitters

Starting work at the Barber Institute in August meant learning to work in and outside of office hours again, and I’m still rebalancing my routine. It has also meant an even longer to-do list, not least since I am also still doing some teaching for History at Birmingham on my spare day. There are long and difficult jobs connected with the electronic catalogue of the coins and the numismatic library, as well as more immediate ones connected with the next exhibition. But it has also meant a bunch of exciting new research projects! In some ways this should have been expected, and indeed I came into the job with one particular problem I wanted to use the coin collection to address, which I’ll tell you about when I’m slightly further along. But in the meantime, we are about to start something quite big and I wanted to announce it. The project name is “All that Glitters: the Byzantine solidus 307-1092″, and it aims to carry out non-destructive scientific testing of the metal composition of the Byzantine gold coinage over that period, up to 300 coins in all depending on results.

A gold solidus of Emperor Anastasius (491-518) struck in Constantinople, Barber Institute of Fine Arts B0031

A gold solidus of Emperor Anastasius (491-518) struck in Constantinople, Barber Institute of Fine Arts B0031

The reason this has got so ambitious is that word ‘we’, because this is essentially the brainchild of Rebecca Darley, one of the curators of the current coin exhibition at the Barber as you may remember and now part of the Bilderfahrzeuge project based at the Warburg Institute in London. Rebecca is an energising collaborator who does not think small and has thus gathered me, as the man with the coins and the wider medieval background, and Robert Bracey of the British Museum, as a man with an X-ray flourescence spectrometer and experience using it on the money of ancient empires, into a suddenly-active attempt involving Birmingham University’s School of Chemistry and Bruker Industries Ltd., who make XRF machinery among many other things, to deepen the basis of Byzantine monetary history (and with that, it’s probably not too much to say, the monetary history of the early Middle Ages as a whole). Here is our synopsis, with some edits for context:

“The Byzantine Empire, which evolved from the eastern Roman Empire, issued coinage continuously for more than a thousand years. The gold solidus, a coin of 4·5 g and a notional 95-97% purity, was the backbone of this system from the reign of Emperor Constantine I (306-37) to the eleventh century, though it was debased steadily from the tenth century until its replacement in a coinage reform in 1092. Before that time, the reputation of the solidus was near-legendary and it has remained so in scholarship.” In fact, however, we have limited evidence as to the precise purity or composition of the early coinage prior to debasement.
Earlier metallurgical studies of Byzantine gold coinages concentrated mainly on the later period, and used the most sophisticated equipment available in the 1980s and 1990s. Recent developments in X-Ray Flourescence technology, in which Bruker Industries Ltd. have been at the forefront, now make it possible to evaluate non-destructively the composition of metal alloys with far greater sensitivity to a range of trace elements, and the ability to quantify very small changes in the proportions of different metals in an alloy and in detecting and identifying even minute quantities of trace elements. “These newly developed techniques have not, however, been applied to Byzantine gold coinage and the time is therefore ripe for a project which could not only offer new data on the Byzantine monetary economy but also explore the possibilities of XRF testing, and set standards of analysis for other currencies and precious-metal objects.
“The Barber Institute of Fine Arts contains the most important collection of Byzantine coins in Europe and its greatest strength is in the coinage of the sixth to eighth centuries. It is currently unpublished, though cataloguing is in progress, and it has never been subject to any metallurgic analysis. It therefore offers an entirely new source of data for a detailed examination of the gold coinage that underpinned the Byzantine economy. In light of increasing recognition by historians that the numerous crises experienced by the Empire were survived only because of the sophistication and resilience of the imperial monetary and taxation system (Haldon, 1990; Wickham, 2005; Brubaker and Haldon, 2011), this study has immediate relevance not just to the Middle Ages but also to wider questions about the impact of monetary stability on political balance.”

You see that we have plans, and as of last week, we now have permission from the Henry Barber Trust, who own the collections of the Barber Institute, to carry on and do Science! with their coins. At this point we’re still in meetings-and-planning stages but before the end of the year we will in fact be zapping solidi with X-rays and trying to get money from people to do so on a rather larger scale. We should be presenting preliminary results from the first phase of work as early as January. It’s all moving rather fast! Anyway. One of our pledges is to keep the world updated via our various blogs, but I rather thought you might be interested anyway. Now, when those results come in, you’ll have some idea of what they might lead to…


The references above decode as John Haldon, Byzantium in the Seventh Century (Cambridge 1990); Chris Wickham, Framing the Early Middle Ages: Europe and the Mediterranean 400-800 (Oxford 2005); and Leslie Brubaker & John Haldon, Byzantium in the Iconoclast Era c. 680-850: a history (Cambridge 2011). To those I should add the essential starting point for the scientific study of Byzantine coinage till now, Cécile Morrisson, C. Brenot, J. N. Barrandon, J. P. Callu, J. Poirier & R. Halleux, L’or monnayé I : Purification et altérations de Rome à Byzance (Paris 1985).

Managing without an archive in c. 1000 Barcelona

There’s a story I’m fond of and that I’ve told you here before, in which a woman came to the court of Marquis Ramon Borrell of Barcelona in 1005 claiming that the monks of Sant Cugat del Vallès were moving in on her land.1 There’s all kinds of strange things going on in the background of this case, and I do urge you to read the older post, but the bit that interests me on this occasion is the basis on which the plaintiff lost her land, which is that Ramon Borrell and his tame judge decided that the land was in fact the count’s, by virtue of having recently been wasteland, “just as other waste lands belong to the right of the prince”.2 It’s a pretty mean claim given that most people got to hold onto lands they’d cleared, and if the monastery hadn’t also had a claim I doubt very much this bit of casuistry would have been perpetrated upon her. When I’ve looked at this case before, therefore, I’ve either seen it as an instance of the importance of back-story in this legal environment when one was fixing a verdict, or else as an instance of the fact that these rights the counts were claiming over waste lands were not in fact regular and were probably therefore new, which bears heavily on the theory that this was an ancient and long-respected right of the public power.3 Y’see, it’s a very rich case. But what I want to focus on today is the appearance that the document gives that the count didn’t realise, until the problem arose, that this could be claimed as his land. Up till now I have always figured this was simple exigency, that ordinarily he’d never have pressed such a claim unless it was of immediate political use, and I would still think that if what I was reading when I wrote this hadn’t just presented me with another case.4

Cover of Josep María Salrach's Justícia i poder en Catalunya abans de l'any mil (Vic 2013)

Cover of Josep María Salrach’s Justícia i poder en Catalunya abans de l’any mil (Vic 2013), which is what I had in fact been reading when this post got written

This one’s from 1013, and it’s Ramon Borrell again, at court with his good lady wife when a delegation arrived from a placee called Villalba near Cardedeu, complaining that the count had some time ago been persuaded by one Rigoald to sell him a meadow next-door to Villalba in what the document has the count call “an innocent and unreflexive manner”, and that Rigoald and his wife and son had started making encroachments into the villagers’ common land.5 Rigoald now being dead, the villagers dared at last come to the count, and he and Countess Ermessenda apparently called the widow and son, Quixol and Ramon, to court, had their charter examined and found it, “made in a fraudulent and deceptive manner, alien to right and to all justice.” Therefore the charter was destroyed in court, and Quixol and Ramon fined thirty sheep, which by a coincidence is exactly what the villagers gave the count in gratitude for the justice he had done them.

Chapel of SS Corneli & Cebrià de Cardedéu

It turns out in searching that Cardedéu has a rather nice Romanesque chapel sitting in its midst, so although I can’t make any direct connection between it and the post I think it will do for illustration anyway don’t you? I’m so glad. By Miquel vico (Own work) [CC-BY-SA-3.0], via Wikimedia Commons.

It’s hard to see how anyone but the count and countess won here. Quixol and Ramon presumably felt they were secure enough with their charter, even if they had maybe overstepped its bounds; instead they lost all title to their lands, and what happened to them is not clear, and they lost thirty sheep as well, while the villagers had to pay the same just to get what they had argued was rightfully theirs. What good sixty sheep did the count and countess of Barcelona is less easy to see, but it is reasonably clear, as Josep María Salrach says in his discussion of this case, that Ramon Borrell got a considerable height of moral high ground, defending the loyal peasantry against oppressors even when those oppressors were in fact himself, correctly broadcasting an adherence to right over advantage, even if that right was best paid for. I’m more interested in the thread that seems to me to tie these two cases together, however, which is that Ramon Borrell apparently had only the sketchiest idea of what property he actually controlled.

Arxiu Fidel Fita d'Arenys de Mar, Mas Gelat de Santa Susanna, Mas Bellvehí de Vidreres 91.0.1

This isn’t from the comital archive, but it is a charter of Ramon Borrell, with Ermessenda, Arxiu Fidel Fita d’Arenys de Mar, Mas Gelat de Santa Susanna, Mas Bellvehí de Vidreres, 91.0.1 of 1001. Their signatures, done by the scribe I think, are dead centre of the last full line of text.

In some senses this may not surprise anyone who’s spent much time with the documents from this area, because one of the noticeable things about them is the scale of comital property, which is, tiny and widespread. It is at least arguable that the counts held some really big estates and, because they kept them, we have no transaction evidence in which to see them—there’s a huge complex at Palau de Gurb that we only ever see because it was slowly and reluctantly given to Santa Maria de Ripoll, but it would never have got there had it not originally been part of a comital son’s entry-gift, for example6—but they certainly also held an immense variety of tiny stuff. There’s almost no castle term in which some comital property doesn’t show up, even if it’s just a couple of meadows or similar, and of course they presumably considered the actual castles theirs in some way, too, but that’s not what I mean. Keeping track of this mess of busy little farms and smallholdings would have been beyond most administrations, and yet on the other hand the reason we know about this land is because people near it knew it was the counts’ and said so when called on to detail property boundaries. We know here not to underestimate the ability of tenth-century lords to take inventories and make lists, I think, so there seems little question that the counts could, just about, have known what they owned. So why does Ramon Borrell seem not to have?

Arxiu de la Corona d'Aragó, Cancilleria, Pergamins Ramon Borrell 2

This, on the other hand, is from the comital archive, is in fact Arxiu de la Corona d’Aragó, Cancilleria, Pergamins Ramon Borrell 2, but is nothing to do with the counts and doesn’t feature the man under whom it’s indexed! Funny old world, archives.

Well, there is one fairly obvious excuse in the form of the sack of Barcelona by a Muslim army in 985.7 Lots of documents got lost in that, and because preservation from the Barcelona comital archive is so patchy for the early period, it has been assumed that the counts were among the losers that day.8 I’ve always struggled with this, however, because while it is patchy it is very far from non-existent, so either they didn’t lose it all, or some of the documents that later came to the archive were held elsewhere in 985 despite being about comital property, in which case we’re already looking at a rather less centralised administration than the kind of property tracking we’re looking for might have needed.9

Besides, it’s not just Ramon Borrell who seems to have had this problem: a remarkable case from the reign of his father Borrell II, which Salrach also explores, shows the same issues coming up. This is a hearing from a place in Manresa called Vallformosa, in 977 so that the “day Barcelona died” can’t yet have affected things.10 Borrell was presiding over this court, which makes it all the more surprising what happened: his agent summoned the men of Vallformosa (some of whom were women, but fairly few, so probably the communty’s heads of houses) and claimed that their land was comital property because it had been so in the times of Borrell’s father Count Sunyer. The villagers however claimed that no claim had been made on them for more than thirty years, which under the Visigothic Law was the limit of any outstanding property claims, and so the lands were now theirs whatever the past situation might have been. The judge asked Borrell’s man Bonhom if he had any evidence to refute this, he had none, and so he had to make a quitclaim in front of his boss admitting the collapse of the comital claim, and that document then went into the comital archive.

Sant Salvador de Servitge de Vallformosa

Sant Salvador de Servitge de Vallformosa, which though much modified is possibly the oldest building standing in the village as far as websearching can tell me. Photograph by Antonio Mora Vergés.

Speculation about this has tended to go two ways, and Salrach covers both of them.11 Firstly, it can be seen as proof that the counts could lose, and that they did not have the will or resources always to force a verdict in their favour against determined opposition. Point against this view: why would you have the trail? Bonhom must have known he had no evidence to present, yet he sued the villagers anyway. It would have looked better for his side not to bother. Thus, a second point of view has been that the comital side must have intended to lose, the point being to establish publically the villagers’ rights; that is, that this was what is known in the scholarship of Italy and Germany as a Scheinprozess, a show trial. Point against this view: why must the count lose to do this? Why could he not just grant them a franchise or immunity? These documents were made by others, and indeed by Borrell himself before long, so this seems a very odd way to do it.

So I wonder if in fact they did all know what the outcome must be, or whether in fact no-one was really sure whether Vallformosa’s inhabitants would be able to raise a group of oath-swearers or that Bonhom would not be able to until too close to the trial to call it off. I wonder if, in fact, a trial like this was how both sides settled a question of ownership that beforehand they could not answer. A point for this idea, unlikely though it may seem, and a point against both the other two theories, is that the Vallformosa and Villalba documents survive in the comital archive. What I have called ‘Winner’s preservation’ here before ought to militate against this: why would the counts be keeping records of what they had not been able to claim? These documents ought to have gone to the villagers, so that they could be produced if the matter was ever raised again. The fact that what we have is the counts’ copies suggests to me an archive that barely existed, that was being assembled by chancing this kind of case and filing the results so that if, in the future, someone in Barcelona went, “That place Vallformosa, up north-west of Manresa, that’s ours isn’t it? Bishop says it’s not his…” someone checking would then be able to say, “Ah. No.”

ACA Cancilleria Pergamins Borrell II 63

I seem not to have images of anything from the comital archive from before the sack of 985 that doesn’t hail from Sant Joan de les Abadesses, whose stuff got added in later. There are some, all the same, but this is ACA Cancilleria Pergamins Borrell II 63, a Barcelona sale of 992 that, again, doesn’t feature the count and presumably arrived in the comital archive for some other reason

I admit that there is a nastier possibility, that the counts might lose the case but claim the right to keep the record, far away in Barcelona where no-one from Vallformosa could easily get at it. I would have to admit the possibility of that: but a comital administration with that kind of plan surely wouldn’t be as confused about its rights as it in fact seems to have been. I don’t want to let go of my older idea that Borrell and his son were actually trying to push for new rights under old legal cladding, and that what they attempted to get was sometimes unobtainable precisely because no-one had asked before. (This chapter of Salrach’s book is really good at adding texture to this idea, for a start.) However, I do now think that we probably ought to realise that a governmentalising apparatus with all kinds of strategies for power still doesn’t have to have been very good at them or well-equipped to carry them out…


1. J. Rius Serra (ed.), Cartulario de «Sant Cugat» del Vallés vol. II (Barcelona 1946), online here, doc. no. 464.

2. Ibid.: “Propterea iudicatum est in ipso iudicio melius et verius esse hec terra iuris principalis, sicut et cetera spacia heremarum terrarum…”.

3. J. Jarrett, “A Likely Story: narratives in charter material from early medieval Catalonia”, paper presented to the Medieval History Seminar, University of Oxford, 18th October 2010; idem, “Settling the King’s Lands: aprisio in Catalonia in perspective” in Early Medieval Europe Vol. 18 (Oxford 2010), pp. 320-342, DOI: 10.1111/j.1471-8847.2010.00301.x.

4. Josep María Salrach, Justícia i poder en Catalunya abans de l’any mil, Refeències 55 (Vic 2013), here pp. 114-118.

5. Gaspar Feliu i Montfort and Josep María Salrach (edd.), Els pergamins de l’arxiu comtal de Barcelona de Ramon Borrell a Ramon Berenguer I: estudi i edició, Diplomataris 18-20 (Barcelona 1999), 3 vols, doc. no. 105. I’m working off Salrach’s account cited in the previous note here, which only quotes the document in Catalan translation, but he did edit the thing so I’m guessing it’s OK.

6. 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 419 & 420, show the dissection of the Palau de Gurb estate.

7. On which see Gaspar Feliu, La Presa de Barcelona per Almansor: història i mitificació. Discurs de recepció de Gaspar Feliu i Montfort com a membre numerari de la Secció Històrico-Arqueològica, llegit el dia 12 de desembre de 2007 (Barcelona 2007), online here, last modified 15 September 2008 as of 3 November 2008.

8. Federico Udina Martorell, El Archivo Condal de Barcelona en los siglos IX-X: estudio crítico de sus fondos, Textos XVIII (Barcelona 1951), pp. xxxii-xxxiv.

9. Ibid., doc. nos 9, 12, etc.

10. Ordeig, Catalunya Carolíngia IV, doc. no. 1229 (or Udina, Archivo Condal, doc. no. 181, because it too is in the comital archive of before).

11. Salrach, Justícia i poder, pp. 109-111.

Inventing the Visgothic legal ordeal in Catalonia

The backlog in my posting is awful [he wrote in May], but there is obviously something in the period of delay that matches the rhythms of my scholarship: I keep finding that I stubbed posts to blog which I come to just as the thing they were about again comes up in my study. Perhaps this will be another, as I found in reading Josep María Salrach’s Justícia i poder a Catalunya abans de l’any mil that he touches on the issue I blogged about a while ago, that of judges in tenth-century Catalonia fabricating legal precedent for their decisions, and also on a much older post of mine elsewhere about the judicial ordeal, with a case that combines the two things. So obviously it’s necessary to follow those posts up with this one, and presumably by the time this goes up I shall have come up against the idea again! [As it happens, not this time; I have obviously caught up too much! But read on…]

Trial by the ordeal of hot water

The site I grabbed this from gave no source, so neither can I, but though wilfully Classicising it’s still a picture of the ordeal by hot water in ‘olden tyme’ and I can’t find another…

The case is interesting, which is why I blogged it before: it’s the only case of a judicial ordeal recorded in Catalonia before the year 1000, says Salrach, and this is true although the next one is from that year so it’s only just true.1 Never mind. There’s also an excellent clear report of it in Jeffrey Bowman’s book on Catalan justice around the year 1000, which as far as I can see Salrach did not use, which I paraphrase here.2 The events are in 988: one Sentemir was brought to court by the abbey of Sant Cugat del Vallès, who claimed that he had destroyed his brother’s will from which they should have had a large estate; they produced a witness to the will, but Sentemir refused to admit that he ever saw it and finally offered to go to the ordeal to prove his innocence. He chose the ordeal of hot water, in which the litgant plunged his arm full-length into a boiling cauldron and then the extent of his injuries and whether they were healing was assessed by a panel three days later. As Bowman points out, following Stephen White, the thing about ordeals is that the designed outcome almost never occurred as they’re recorded: here, the scribe says that Sentemir had intended to keep himself safe by incantantions and curses, but in fact as soon as his arm got near the cauldron his hand burst into flames, and he confessed. The court condemned him to penal servitude but the bishop let him off, though of course he lost the estate.

Now there’s a range of ways this is interesting: was Sentemir really attempting magic? Was that instead an accusation that one might slander someone with in this period? Either’s interesting. There is also the question of what we are supposed to think actually happened. The last time I blogged this trial, I wondered if Sentemir might have been trying something like coating his arm in pitch or similar to protect it against the boiling, and just caught the cauldron fire, but obviously we’ll never be able to tell from this. But for our immediate purposes the interesting question is why they went to the ordeal at all. It is commonly assumed that this was just something that happened in the early Middle Ages but as I said, this is the first one we have from Catalonia, and Catalonia’s principal source of jurisprudence, the Visigothic Liber Iudicum, Book of Judges, doesn’t mention the ordeal of hot water (or really any others except to outlaw them). So where did the idea come from?

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. By Abadia de Montserrat [Public domain], via Wikimedia Commons.

Well, you may remember that in the previous post where I was talking about judges customising their precedents there came up a tenth-century copy of a version of the Liber Iudicum called the Liber Iudicum Popularis, one of two made by one of the judges of the era, a chap called Bonhom about whom I’ve often written, and whose copy is now online in scholarly edition.3 As it turns out, his version of the Liber Iudicum does contain a procedure for the ordeal of hot water, still claiming of course to be the legislation of the Visigothic princes of three hundred years before. And who do you suppose was the judge and scribe at Sentemir’s trial? Who else but Bonhom! So we have another adaptation of the letter of the law to the needs of the day, and one that works out in decidedly suspicious circumstances.

Nonetheless, it seems unlikely that Bonhom just invented the idea in whole cloth, or how on earth would he have convinced Sentemir to do it? As Bowman points out, there’s no sense in the charter that there was dispute about this. That’s perhaps not surprising since Bonhom wrote the document, but this was a man who tells us in his documents when he was sleepy in case it looks odd, so I’d expect more words rather than fewer if there was a problem. Even if it was not usual this was apparently an idea that was known to people. But whence had it come? There’s a famous trial by battle involving Bera I, Count of Barcelona, accused of treason, which the biography of the Emperor Louis the Pious by the anonymous known as ‘Astronomer’ says was done because both parties were Goths, and people have argued that since the Gothic Law has nothing of this, it was really a Frankish idea that got carried into Catalan judicial practice.4 Salrach raises the idea instead that the ordeal was in fact the ‘popular’ practice that Bonhom’s law’s adapted title suggests, excluded from proper practice by the Visigothic kings but locally maintained or innovated and so added in to Bonhom’s text because he knew it was sometimes done. Hey, maybe Sentemir had introduced him to the idea in 988! (Salrach doesn’t suggest that, but as usual, on a blog I can push these things further than I would in print.) That in turn implies that we really ought to look closely at the Liber Iudicum Popularis to find out what had needed changing since the seventh century; it may not all have been invented as needed, even if some of it probably was. This is the kind of thing I read to learn, after all.


1. Josep María Salrach, Justícia i poder en Catalunya abans de l’any mil, Referències 55 (Vic 2013), pp. 37-38.

2. Jeffrey Bowman, Shifting Landmarks: property, proof and dispute around the year 1000 (Ithaca 2004), pp. 119-140, and here esp. pp. 122-124; Stephen D. White, “Proposing the Ordeal and Avoiding It: strategy and power in Western French litigation, 1050-1110″ in Thomas N. Bisson (ed.), Cultures of Power: lordship, states and process in twelfth-century Europe (Philadelphia 1995), pp. 89-123, repr. in White, Feuding and Peace-Making in Eleventh Century France, Variorum Collected Studies 817 (Aldershot 2005), VII.

3. Jesús Alturo i Perucho, Joan Bellès, Josep M. Font Rius, Yolanda García & Anscari Mundó (edd.), Liber iudicum popularis. Ordenat pel jutge Bonsom de Barcelona (Barcelona 2003), VI.1.3.

4. Ernst Tremp (ed.), Thegan, Die Taten Kaser Ludwigs (Gesta Hludowici Imperatoris). Astronomus, Das Leben Kaiser Ludwigs (Vita Hludowici Imperatoris), Monumenta Germaniae Historica (Scriptores rerum Germanicarum in usum scholarum separatim editi LXIV (Hannover 1995), Astronomus cap. 32; A. Iglesia, El proceso del Conde Bera y el problema de las ordalías (Madrid 1980).

Working for San Salvatore III: what they got out of it

I have now gone on at great length about the polyptych of Santa Giulia di Brescia without really talking about my actual purpose in reading it, so it’s time to do that.1 You may remember a long time back that I had a go at the idea, repeated in textbook after textbook, that agriculture in the Carolingian period ran at yields hardly more than the grain that was sown.2 This is self-evidently ridiculous if you are familiar either with actual growing of crops (which I am only second-hand) or can do basic maths, but it persists, and the reason it persists, like many another medieval cliché, is Georges Duby.3

Georges Duby

The late Georges Duby

This is not entirely Duby’s fault. He wrote a couple of textbooks in the 1960s and 1970s that somehow remain the world standard for any history of the early medieval economy that actually contains agriculture, and he used the best thinking available and sources known at the time.4 He did a pretty good job of synthesis on that, and though one might wish he’d thought about it a bit harder, it’s really not just him who’s failed to do so, and those that have thought about it haven’t really looked hard enough at his evidence.5 That was, in large part, the Carolingian estate survey of the fiscal centre at Annapes preserved in the text known as the Brevium Exempla, and some time ago already now I gave a paper at Kalamazoo in which I showed that Duby had in fact read the text wrong, or rather failed to read all of its data, as had all those he used, even, I’m sorry to say, Philip Grierson, and I considered that dispatched and proceeded to writing it up.6 But Annapes was not Duby’s only source that seemed to support these awfully low yields, and so I needed to see if the same tricks could be performed with the others too, and you will by now have guessed or maybe already know that one of them was the polyptych of Santa Giulia di Brescia.

Santia Giulia di Brescia from the air

Santa Giulia di Brescia as it now stands, from the air

Duby dealt with the figures from Santa Giulia only in summary fashion. In Rural Economy and Country Life he works Annapes over extensively, coming up with output figures of between 1·5:1 and 2·2:1, and then goes on:

“We must not, of course, generalize from one set of figures obtained from a single source. But it is possible to find elsewhere some other traces of output, somewhat higher than that which can be derived from the Annapes inventory, but even so representing a low yield and a derisory rate of profit when compared with the value of the capital in land and seed corn. One significant fact is that compilers who visited the farms (cours [apparently left in French from Latin ‘curtes’]) of the abbey of San Giulia of Brescia in 905-906 to compile a polyptych found there reserves of grain in the barns which were barely higher and sometimes lower than the quantity needed for sowing. Thus at Prozano where the fields could take 300 muids of seed corn, the stocks in the estate barn amounted to only 360 muids of which 140 were of millet (mil). At Canella 90 muids were needed for sowing and 51 were in the barns; at Temulina 32 and 37.”

And with that he moved onto Saint-Germain-des-Prés near Paris and pulled a similar trick there.7 And in the slightly later and much shorter Early Growth of the European Economy he didn’t even give that much detail (or a reference to the primary source), limiting himself to dealing again with Annapes and then adding:

“The Lombard monastery of St Giulia of Bréscia [sic], which consumed some 6,600 measures of grain annually, would have 9,000 sown to cover its needs, which means that the return normally available to the lord was being estimated at 1·7 to 1.”8

The best way to see what is wrong with this is to look closely at how the compilers of Santa Giulia’s polyptych were using their figures, figures that I’ve already argued here they were receiving in a standard format. And doing so shows firstly that Duby, and Luzzatto before him, were again wrong in assuming that these figures mean what they wanted to mean, and in fact that using them to calculate yield is impossible except in one single case where the formula was bent, and in that case it comes out at at least 4·25:1 and probably rather higher. Don’t believe me? Watch this! Continue reading

Metablog IX: the tenth century at A Corner of Tenth-Century Europe

The next post was supposed to be the third and final one wrestling with the figures from the polyptych of Santa Giulia di Brescia, but I realised while setting up the previous one that it was post no. 899, which means of course that this is post no. 900. A moment’s further reflection will then reveal to you that this means A Corner of Tenth-Century Europe has just entered its own tenth century, and I thought that was worth marking.

World history time chart for 800 to 1500 from H. G. Wells's The Outline of World History, p. 614

World history time chart for 800-1500, as drawn out in H. G. Wells’s The Outline of History, being a Plain History of Life and Mankind, revised edn. (London 1920), p. 614

As even this 1920s picture arguably has right, 900 was not a particularly auspicious time in world history, at least in political terms. Several great empires were in decline, with consequent dislocation, chaos and fragmentation, from China across to Western Francia, and the up-and-coming ones like Ottonian Germany, the Samanid emirate (not on Wells’s chart), Fatimid Egypt or the briefly revived Byzantium not yet evident in their trajectory. In Europe, at least, the climate’s slow improvement was probably leading to a slow increase in bottom-up prosperity, but the ways that was working out higher up the social scale where surplus was appropriated might have hidden any real benefit for the producers. I hope that little of this applies to the blog over its next hundred posts, but there will at least be a continuation of the kind of geographical spread that seems to have become typical here as I one way or another wind up working on or teaching almost everywhere in the Middle Ages.

Map of Europe c. 900

Map of Europe c. 900 care of Euratlas.com

I do still try and keep my focus on the tenth century, though, and I have therefore been asked whether I think there is any particular dynamic to the so-called ‘secolo di ferro’ that marks it out as an era to study. It seems to me that there is, and that it is the coincidental but contemporaneous disintegration of two superstates at opposite ends of the Mediterranean, the Carolingian Empire (a unit of sorts even in its divided form post-840) and the ‘Abbasid Caliphate, both continuing in some form but giving up much political space into which a myriad of new states intrude from around their peripheries, like young trees in a forest shooting up when big old trees falling opens holes in the canopy. By 1000 there would be several powerful polities in each of the zones these had dominated, Anglo-Saxon England, the Ottonian Holy Roman Empire, the Fatimid and Andalusi Caliphates, Byzantium enduring, the Turkic sultanates and the Samanid Emirate to name but a few, and the subsequent few centuries could be seen as a contest for supremacy that changed hands a lot in the East and that, in the West, no-one except maybe the papacy really won. When you’re looking at changes of centrality like these, it seems to me that the best place to be watching from is the edges, the old and new frontiers, where the consequences of such events can be seen as changes in political direction. That’s been my conviction for a long time and it continues to power my enquiries, and thus, my writing here. I hope it will also continue to keep you reading, at least until the millennium!

Working for San Salvatore II: specialists and individuals

As I said in the first post about the polyptych of Santa Giulia di Brescia, one of the things about its information that can’t fail to strike one is the variation within the standard form of record the monastery was using. This is obvious in terms of size, for one thing. The largest estate here, Alfiano, had enough arable land to sow 900 modii of grain in, 100 amphorae‘s worth of vine, meadow for 50 cartloads of hay, wood where 700 pigs could forage, a stud for breeding horses with 35 on hand, 37 head of cattle, 100 pigs, 3 mills, 3 boats and 40 tenants, as well as a staff of 8 magistri “for making walls, house and barrels”, and that’s not counting either its chapel whose properties were listed separately or a dependant estate whose return seems to have turned up late and been tacked on at the end of the survey.1 A place near Brescia called Palleriana had arable for 8 modii, vine good for 8 amphorae, meadow good for 8 cartloads, 2 cows, 2 tenants and 1 vacant lot, and that’s about it, which is to say that it was between one and two orders of magnitude smaller than Alfiano in the terms about which the monastery cared.2

Castello di Cavriana

This is neither of those places, but the castle at the centre of the estate whose returns I used in the dummy form of last post. I never thought of looking for an image! But this is the Castello di Cavriana. By Massimo Telò (Own work) [CC-BY-SA-3.0], via Wikimedia Commons.

You might ask what was worth even having about the latter place, then, and that opens up another question of variation, because of the vacant lot. I’m translating sors absentia here, but when they turn these clearly weren’t vacant in the sense we would assume in English, because they rendered produce, and often quite heavily, so I guess that what was going on here was that the the monastery allowed people who lived elsewhere, maybe the estate’s other tenants but not necessarily, to work them in exchange for rendering a cut of the produce to the monastery. That seems to be how they ran their mills and their landing-places, too, and the mountain-top lands they don’t really enumerate: all of these rendered in food and/or money, what suggests that the people who worked them were taking at least as much home themselves, and since the guys turning up at the landing-stages with salt and grain were presumably not all monastic dependants, I don’t really see why the farmers all need to have been either.

Anyway, at Palleriano the vacant lot rendered 7 modia of grain, 6 denarii and, most importantly, 80 pounds of oil a year from its olive-groves. That was presumably what made a pied-à-terre at Palleriano worth maintaining; the ordinary renders from the place were presumably not worth nothing but the monastery’s real interest there was probably letting people make oil in the bits of the estate they didn’t actually have the manpower to work. At Alfiano, by contrast, though nowhere else in the polyptych was breeding horses (and indeed only one other place even had any), there were apparently no olive-trees. The monastery had both estates organised in roughly the same way, with a staffed reserve run by workers living on hand-outs and a system of allotments held by people of various statuses on markedly varying terms—a bipartite organisation, in other words—but the actual use they got from these estates was very different.

Obviously some of this variation must have been purely geographical. Alfiano, which maybe covered most of the area inside the road route marked above, could run boats because it was on the Fiume d’Oglio, but apparently it was not good land for olive trees. Lots of other estates in the survey also have these specificities: very few places grew chestnuts, for example, only a very few rendered rushlights and the most obviously constrained resource is iron, which a few estates had and rendered lots of and most did not, obviously rather less by choice than by necessity: if there’s no iron ore in your chosen lump of Italy, you can’t really get it out.3 Some of the variation probably was by choice, though. There are massive variations in the balance of crops in store, for example, with rye sometimes being the bulk of it, sometimes millet or sometimes corn (frumentario), and that was presumably as much down to somebody’s choices about what to grow and what to take from store as it was what would grow, though certainly some of these crops do better in some kinds of soil than others. Goats are much rarer than sheep, though, and that must be by choice because there’s basically nowhere you can’t put a goat (except in as much as you might want to keep whatever you were growing there).

A rural homstead in Alfiano Natta, near Brescia

A house that was at time of writing for rent in the Alfiano region. Apart from the second stories and (obviously) the swimming pool, this doesn’t look too far off what might have been on site at least 800 years before, maybe more…

This kind of thing gets us out of the constraints of a formula and into things that actual people did, sometimes that no-one else did, and even into how they might have felt about that. A big estate now called Forse Pian Communo in the Val Carmonica, for example, was the only place in the polyptych that rendered a lamb, and it rendered just one, yearly, among 75 pigs and 86 other sheep, quite a lot of wine and silver, 60 pounds of iron, 14 bunches of onions (the only mention of the noble alium), 60 rush-lights and 30 cartloads of timber. They also rendered one shepherd’s crook. Presumably this stuff did not all come in at the same time, but even if it didn’t, that lamb must have stood out, and I bet it was delivered with the crook, and there must have been an occasion when it was done that made quite the little local ceremony, almost certainly at Easter, and something that made this community special among the men of Santa Giulia.4

The other scale of variation, though, is between persons. If you look back at the form I reverse-engineered out of the polyptych, you’ll see that the monastery recognised five main different sorts of tenants they could have, in their words manentes or mansarii (I think these are equivalents), servi or serviles (not so sure about those), libellarii, homines commendati (who were sometimes specified as free or having voluntarily commended themselves), liberi and aldiones, as well as some unusual categories specific to mountainside properties. Of these the aldiones had the lightest load, since their duty was pretty much solely to carry messages, but among the others a hierarchy is harder to determine. Obviously there was a difference between slave and free that was worth specifying, even here, but you wouldn’t necessarily know it in terms of their renders: at a place called Cardena, for example, 7 slaves, who all lived on 1 allotment, owed every fourth modius of grain they grew and half the wine they made and an annual render of 2 sheep, 4 hens, 20 eggs and 12 denarii, and they did 4 days’ work each a week, which is pretty rough especially when you have all this other stuff to render and only two days a week on which you’re allowed to try and make it up (because remember what happens to those who work on the Lord’s Day…). The free men there, 6 on 2 allotments, weren’t so much better off: they rendered the same fractions of produce, 7 sheep, 14 hens and 70 eggs, and although between them they did only 204 days work a year, that is 34 each, so more or less one every week and a half, that’s still the kind of labour duty we’d expect free men to be, well, free of. Nice work if you can avoid it, you might think, but the 4 commended men also on the estate who between them rendered nothing and did 44 days’ work every two years, so, 11 each yearly, would probably have sneered even so. On the other hand, not very far away, at a place called Porzano, the estate included 3 slaves living on 3 lots who rendered 3 amphorae of wine, 2 pigs and 2 sheep a year, and had no labour duties, whereas there were also 14 free men who did one day’s work a week and 13 manentes, on a lot each, who together rendered 60 modia of grain, 5 amphorae of wine, 2 pigs, 4 sheep, 26 hens, 130 eggs and 20 denarii each, 9 of whom (and apparently only 9 of whom) also had to do one day’s work a year, given the which, one might choose to be the slave but for the loss of legal personhood, etc.5

A decaying villa in Porzano, near Brescia

This probably isn’t the oldest building standing in Porzano, given the brick, but it might be the oldest and tattiest still to be on sale for more than a hundred thousand Euros…

So it seems clear that the labour services and renders involved here, although based on some kind of standard (as the almost-universal rate of five eggs per chicken suggests), could be varied a great deal, and I suppose that this might have had something to do with the way these people became the monastery’s men, who had owned their renders before and what agreements were made when they changed hands. In some cases one wonders what the individual circumstances could be. At a place called Forse Sernìga, for example, among all the other stuff there was one tenant who rendered annually 3 modii of grain, half his wine, 1 sheep, 30 denarii, 1 modium of turnips, 1 sester of fava beans and 400 shingles. His are the only mentions of turnips and shingles and almost the only one of fava beans, and I can only imagine that when he came to the estate centre looking for patronage they asked him, “what can you do that’s fantastic?,” or some less Zappatical equivalent and he said, “I make shingles and I grow turnips, best in the valley or any valley hereabouts,” and they said, “Fine, OK, well go on with that that then,” and agreed his renders on that basis and he thus became the man whose shingles roofed the monastery’s properties in the locality.6

On the other hand, at the chapel of Forse Centòva, which the monastery held jointly with a vassal of Bishop Buatho called Aragis and which was one of the more splendidly equipped of which they knew, the workforce was 4 prebendarii and a single tenant, who as well as a third of his grain, half his wine, 4 hens, 20 eggs and 6 denarii also had to do three days’ work a week on the estate.7 He must, ineluctably, have known the other workers well, because he would have spent a good chunk of his time in the fields or vineyards with them, but there were three days a week when he could stay home and work on his own stuff. Did he resent his lack of security compared to his fellows in the field, or did they envy him his semi-independence and chance actually to turn a surplus? They must have had some means of getting on, and perhaps it was a cheerful one, but they would have been confronted by the difference in their positions every time they packed up to go home (especially as the estate had four casas and 1 caminata so it may be that he had the warm house…). There’s so many people in this text about whom we can only say one thing but that thing still shows them up as individuals. I feel as if I would understand this better if the polyptych used names. It doesn’t, so we don’t know what these people called each other, but their interactions are still hard for me not to try and imagine…


1. Gianfranco Pasquali (ed.), “S. Giulia di Brescia” in Andrea Castagnetti, Michele Luzzati, Pasquali & Giorgio Vasina (edd.), Inventari altomedievali di terre, coloni e redditi, Fonti per la Storia d’Italia 104 (Roma 1979), pp. 41-94 at pp. 81-83, with the chapel following on p. 83 and the last estate at p. 93, a chapel at Cellatina held in the benefice of Kebahart but belonging to Alfiano.

2. Ibid. p. 60.

3. Both rushlights and iron rendered from Forse Pian Communo in Valcarmonica, in fact, just as an example, ibid. p. 72.

4. See n. 3 above.

5. Pasquali, “S. Giulia di Brescia”, pp. 60-61 & pp. 62-63 respectively.

6. Ibid. pp. 67-68.

7. Ibid. p. 88.