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?
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.
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.
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.