Sorry, this has taken a couple of days to find the time to write. But, as with the conference experience itself, the only way out of the backlog is through! Or something. So, resuming the Leeds 2013 report on Tuesday 2nd July, your blogger found himself breakfast (which was reassuringly, basically the same as it had been at Bodington, which is to say, there were many options healthier than the somewhat limp fry-up but that’s what I always have anyway). Thus fortified, I headed for dispute!
506. Law, Violence, and Social Bonds, I: Power, Conflict, and Dispute Settlement
- Matthew McHaffie, “Warranty of Land in eleventh- and early twelfth-century Anjou”
- Kim Esmark, “Power and Pressure: the micropolitics of 11-century aristocratic networks”
- Warren C. Brown, “Conflict and the Laity in Carolingian Europe”
Mr McHaffie here was looking at at a particular procedure in Angevin charters whereby the actor undertook to stand warranty for the recipient’s onwership of the property, meaning that they would defend it at law and if necessary by force. He emphasised that this was rare (120 cases in the 3000+ documents he’d looked at), that it was by no means always carried out when it should have been (as, as Geoffrey Koziol pointed out in questions, we see in the Conventum Hugonis), and that a lot of what it involved must have been going on outside the courts that provide us with half the relevant records. It very quickly comes down to the micropolitics of who was involved with whom, which meant that Dr Esmark followed on very neatly, especially since he was also talking about Anjou: the thrust of his paper was that lords’ actions were shaped by the pressures of their followings as much as any other factor. Matthew Hammond tried to use this to suggest that Thomas Bisson might exaggerate lords’ freedom of action in the period; Dr Esmark, as my notes have it, thought there was “lots more to do to prove him fully wrong”. Both I and Bob Moore pressured him for more on the ties of the groups involved, whether they were a steady body of people and how they were linked between themselves, but variability over both time and case seems to be the motif, as I reluctantly suppose we’d expect, though core membership of the groups seems to be more identifiable than in my materials till, well, I suppose the mid-eleventh century actually! Hmm…
Lastly, Warren Brown, as is his wont, emphasised that for the early Middle Ages, formulae are in some ways a richer source for social practice than land transfer documents and showed it by extracting from them information on judicial process in disputes between laymen, something that given most surviving documents’ involvement of the Church we otherwise hardly see; this shows up, even in Frankish sources, a picture of negotiation, settlements, tactical defaults, oaths and corruption that looks a lot more like the picture we have from the more detailed Italian evidence, although also a significant amount more homicide and highway robbery than we find in any other sources.1 He also emphasised that women were envisaged as aggressors too, not just by underhand means like sorcery but sometimes by flat-out assault. His conclusion was that the formulae show the patches that had to be applied to a system that often went wrong, which I think is pretty realistic.
I seem now to have skipped a session, which if I remember rightly was simply because I didn’t get the location of the one I had decided to go to worked out in time, realised I would be late and decided I would do better just to get coffee and decompress for a short while. This is probably the point at which most of this happened, too:
I must have slipped! So after that obviously stern strictures were required, in the form of law.
703. Origin, Usage, and Functionality of the Frankish Leges
- Magali Coumert, “Isidorus Hispalensis and the Lex Salica“
- Lukas Bothe, “Let ‘Em Pay or Hang ‘Em High?: tackling theft and robbery in Merovingian legal sources”
- Stephan Ridder, “Traces of the Frankish King in the Lex Baiuvariorum“
Dr Coumert started from the odd fact that although Isidore of Seville would seem to have precious little to do with the supposed codification of old Frankish custom into the Salic Law, nonetheless, a quarter of its manuscripts also contain his work, and from there went into a lengthy but justified plain about how misleading the canonical edition of Lex Salica is in terms of how anyone actually used it, since it raids manuscripts of radically different traditions to construct a ‘pure’ text that it is obvious no-one at the time had or used. “He just didn’t care,” said she of Karl August Eckhardt, and it’s hard to disagree, though as the paper revealed, it’s also very hard not to use his groupings of the manuscripts anyway.2 What taking the manuscripts as wholes reveals, however, is that they almost never have only one code in, but are always collections of several laws or sources of law, and Isidore seems to have been an authority that could travel with these too. The users of these manuscripts were not doing with them what the nineteenth-century editors thought they should have been, and it’s probably worth trying to figure out what they were doing rather than seeing that use as something in the way of our scholarship…
Mr Bothe, meanwhile, approached the question of death for thieves, something that is supposed often to be normal ‘barbarian’ practice, especially for those caught in the act, but which is often deprecated in the actual laws in favour of heavy fines, which he suggested were preferred because of not implicating the judiciary in the feud that might result from executing someone. I thought that that, and the idea of a legislating state trying to patch up law, both sat oddly next to the idea we seem otherwise to be developing of Merovingian Frankish law as a more or less decentralised set of ideals, something on which I’ve heard enough since to make it impossible for me to recover what I thought about this session at the time. That picture was much more present in Mr Ridder’s study of the Laws of the Bavarians, though, a text whose origin and issuer is almost perfectly unclear, but which attributed to the king of the Franks considerable connections to and authority over the Agilolfing dukes of the Bavarians. Mr Ridder suggested that here we might even take the text seriously and associate it with a Merovingian move into the duchy to coordinate its defence against the Avars. The questions mainly focused on Mr Bothe’s fines, however, and whether, given their size, even they were supposed to be more than deterrents; he thought that probably was their function, but pointed out that what seems to be an impossibly large amount of gold might still be achievable in cattle, because cows were surprisingly expensive (say two solidi each?), or of course in land, which, as in Spain (why I’d raised the question) was not envisioned in the law but certainly happened here. Here again, therefore, we saw that the actual law texts bear only the sketchiest relation to what was actually done, meaning that they were not the kind of resource we usually think they were. How many other sorts of text does that apply to, we might ask?
Then coffee and then fireworks, at least of an intellectual kind.
803. Defining Kingdoms in 10th-Century Europe
- Geoffrey Koziol, “The (Dark) Matter of France: monasticism and the making of the West Frankish kingdom”
- Simon MacLean, “Who Were the Lotharingians? Defining political belonging after the end of the Carolingian Empire”
- Charles Insley, “Beyond the Charter Horizon: (un)making England in the 10th century”
Despite the plethora of brackets, this session was surely my favourite of the conference, probably mainly because it’s so nice to have people other than myself looking at the tenth century as if it might tell us something. Professor Koziol was excited to tell us about about his new theory, which was coming in the wake of the completion of the most substantial work on the Carolingian tenth century for quite a while.3 The problem he was seeking to solve was how the West Frankish kingdom, of which large parts repeatedly rebelled in the ninth century and much of which was beyond the control of its kings for the tenth through to twelfth centuries, held together as any kind of unit. Why did the idea of France even include Aquitaine and Provence by the time the Capetian kings could make that mean anything? For Professor Koziol, the answer is monks, or more specifically, congregations of monasteries or single houses with really wide-ranging property interests, like the familia of Saint Philibert whose sporadic flight from the Vikings took them through four different homes with supporting endowments.4 Another obvious one would be Cluny, which though outside Francia proper controlled a network of houses within it and saw the king as their principal defence. Such places relied on the kings’ support, and by doing so gave the kings the framework of a state which kept them present, even when ineffective, in peoples’ schemes of the world. Such at least was the theory, but the fact that such royal documents were rarely brought out of archives, as far as we can tell, and that even allowing for Cluny there’s really no way to show any shared ideology other than Christianity between all Frankish monasteries, gave others pause. For me there’s also the question of why this didn’t work in Catalonia, which even in its parts then north of the Pyrenees stopped asking the kings for such documents quite sharply after 988, yet meets most of the same criteria before then. Nonetheless, Professor Koziol did not seem unconvinced so I guess that we will see further versions of this thought, and even I’m sure it explains something, I’m just not quite sure how much yet…
Simon, meanwhile, was asking a quite similar question but without the surviving monarchy, which makes the old ‘kingdom of Lothar’, Lothari regni, Lotharingia or Lorraine or Löthringen, as an idea even harder to explain. Despite the completely arbitrary origins of the area, evident in its name, Simon cited sources from the 960s talking about the ethnic characteristics of Lotharingians. Of course, as he said, this just goes to show that even when ethnicity is entirely constructed and situational (which is possibly always, I might throw in), it’s still a powerful idea. For this case, Simon thought that its power was being appropriated by the writers who supported local noble groups against a West Frankish crown that returned to the area as a conqueror, not as an heir, in the form of King Charles the Simple in 911, so that what had been ‘Lothar’s kingdom’ became more comfortably separate as an area with a people named after him than as a territory that had clearly belonged to the Carolingian monarchy. In doing so, however, he mentioned various other formulations that didn’t seem to stick, like ‘regnum Gallicanum’, and in questions some of the most interesting points for me were raised about other such ethnicities that fail, for example the Ribuarians, who had a Frankish lawcode but who seem never to have been a people anyone could locate. There are others, and so the question may be why this one stuck and others didn’t, and I suppose that one answer might be, it was not controlled by outside interests for long enough at a time to remove the value of an ‘inside’ identity, in which case I need to look at it rather more closely…
Lastly, Charles Insley took aim at the developing historiography, of which you’ve had plenty reported here since it’s largely coming from Oxford, that is trying to place the definitive development of an English state in the tenth century. He pointed out that by using Koziol-like tactics of analysing the uptake and issue of royal diplomas, it seems clear that large parts of this supposed kingdom just did not deal with the kings in the way that the south did.5 Instead, therefore, he suggested that far less of tenth-century England was governed by consent, as opposed to grudging acceptance of the king’s ability to beat them up with southern armies, and that governmental structures may therefore not be enough to tell us about unity. Most of the questions Charles got were about preservation: there has been so much Anglo-Saxon material lost that arguing from areas of absence is dangerous, but, as he says, there are lots of charters from East Anglia, just no royal ones, and there aren’t no documents from the north (though it’s very close!) so there is still something to explain.6 Julie Hofmann suggested that we might be looking less at obedience to royal power projection in the tenth century and more at subservient submission to royal dissolution in the sixteenth, which as Charles said is a possibility that late medieval registers might help eliminate. Work to be done, therefore!
All the same, this session hit a great many of my buttons: three scholars I think are always interesting and argumentative, all pushing more or less big ideas, and happy to let others take shots at them in the cause of testing them out, with plenty of people happy to do so; it may look quite disputational, and I suppose it isn’t for the thin-skinned, but in a session like this one can practically feel the field energise and take shaky steps forward. There was plenty to think about over dinner. But then there was also some more to think about after dinner, in the form of a dessert of databases.
910. ‘Nomen et Gens’ and ‘The Making of Charlemagne’s Europe’: early medieval database projects – a round table discussion
- This took the form of two short presentations of the respective projects by their principal investigators, introduced by Jinty Nelson, with a question and answer section for each. I’ve yet to see a round table at Leeds that really is a round table, though I do generally avoid them which is probably why, but nonetheless there was lots of information here. Nomen et Gens is a project that’s been running since the 1970s—as Steffen Patzold who was introducing it said, long enough to have its own Traditionskern—but has lately advanced fully into the database age, and its aim is to amass enough prosopographical data to assess quantitatively what ethnic identifiers actually meant to their early medieval users.7 What this means, however, is that it now contains basic biographical and personal information for 10,000-plus people of the seventh and eighth centuries and the easiest way to find out more is to go and look, here. The only real question was why this was only a demo version, but apparently there is much more to check and unify before the full thing can go live to the world. Accounts are available for those who can help, though.
Alice Rio spoke for The Making of Charlemagne’s Europe, a project I’ve heard a lot about given its staff’s frequent presence at the Institute of Historical Research. Here the aim has been to database all the charters from the reign of Charlemagne and the territories which he ruled. A lot has been learned from the approaches used at Kings College London, where the project lives, on Prosopography of the Domesday Elite, and its structure is quite sophisticated. Here, again, the best way to find out more is probably to go and play with it: it wasn’t live in July 2013 but now it more or less is, so take your Charlemagne-period enquiries to it and see what it has to tell you! At this point it was still very much in development: I asked, for example, if it could answer stacked queries (a query performed on the results of a previous query) and was told that it had been able to since two o’clock that afternoon… But it was clearly going places at last, after many frustrations, and the two databases were also probably going to be able to talk to each other behind the scenes in productive ways.
And thus, pretty much ended the second day. [Edit:: I forgot to mention that Magistra also blogged the first and last of these sessions, and particularly in the former her impressions were quite different from mine, so you may like to take a look there as well.] More will follow, after a short digression about a tiny church…
1. W. C. Brown, “Conflict, letters, and personal relationships in the Carolingian formula collections” in The Law and History Review Vol. 25 (Cambridge 2007), pp. 323-44; cf. Chris Wickham, “Land Disputes and their Social Framework in Lombard-Carolingian Italy, 700-900” in Wendy Davies & Paul Fouracre (edd.), The Settlement of Disputes in Early Medieval Europe (Cambridge 1986), pp. 105-124, rev. in Wickham, Land and Power: studies in Italian and European social history, 400-1200 (London 1994), pp. 229-256.
2. Eckhardt did about a hundred different editions of the Lex Salica but I guess that the definitive ones are the MGH ones, K.-A. Eckhardt (ed.), Pactus Legis Salicae, Monumenta Germaniae Historica (Leges Nationum Germanicum) IV.1 (Hannover 1962), online here, and idem (ed.), Lex Salica, MGH Leges IV.2 (Hannover 1969), online here. The problems of assuming an Urtext behind the manuscripts of course also dog attempts to come up with a single translation, such as Katherine Fischer Drew (transl.), The Laws of the Salian Franks (Philadelphia 1991), where pp. 52-55 demonstrate the awkward choices that had to be made.
3. That being none other than Geoffrey Koziol, The Politics of Memory and Identity in Carolingian Royal Diplomas, Utrecht Studies in Medieval Literacy 19 (Turnhout 2012).
4. The last word on the monks of Saint Philibert appears now to be Isabelle Cartron, Les pérégrinations de Saint-Philibert – Genèse d’un réseau monastique dans la société carolingienne (Rennes 2009), which Professor Koziol cited.
5. Referring to Koziol, Politics of Memory, in case that’s not clear, though cf. Mark Mersiowsky, “Towards a Reappraisal of Carolingian Sovereign Charters” in Karl Heidecker (ed.), Charters and the Use of the Written Word in Medieval Society, Utrecht Studies in Medieval Literacy 5 (Turnhout 2000), pp. 15-25!
6. What there is from the north is now printed in David Woodman (ed.), Charters of Northern Houses, Anglo-Saxon Charters 16 (Oxford 2012).
7. I had here some acid comment about how it would be normal to look to Germany for a project working to establish ground-base values for ethnicity then realised the problem with making such a generalisation…
Regarding the Leges, it might be worthwhile to point to the Cologne based Leges project directed by Karl Ubl: http://www.leges.uni-koeln.de/en/ (basically a database of known Leges manuscripts, with some digitized resources and the occasional presentation of new finds).
Also, thanks for the link to the Monsters in the library which was an interesting read for me (especially, taking into account my current workplace).
By the way, it is Steffen (not Stefan) Patzold.
Drat it, I *know* that, as the tagging should indicate. I have fixed it, thankyou for the catch, and also for the extra link, which sounds like a great way to deal with the issues Dr Coumert was pointing out.
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