Category Archives: Currently reading…

The making of judges in tenth-century Northern Iberia

In 2009 Wendy Davies, of whom I so often write here, gave the annual lecture in memory of the late Timothy Reuter in Southampton. I could not go, but it was published in 2010 and some time in early 2011, Wendy kindly gave me an offprint, and I’d already downloaded it by then, knowing that I very much needed to read it.1 Somehow, it was not till late 2014 that a combination of interest and shame found me resorting my to-read shelves in such a way as to bring it to the top, though, and then of course I found it really interesting. There’s two things in particular I thought made for blog material, and this is the former of them.

A ruined farm in Soutelo, Braga, currently for sale

A farm in Soutelo, near Braga, like the one with which Wendy’s opening case dealt

Wendy’s aim was to explore what people who went to court in northern Iberia in the ninth and tenth centuries were hoping for: a compromise arrangement that settled all parties’ feelings and healed social rifts, or definitive justice based on rules and a judgement of the true situation? As she explains, scholars of the early Middle Ages have got very used to the idea that almost all justice in them was probably more negotiated than determined, and yet the language of the documents from her area (Northern Iberia from Galicia to Aragón and Navarra) is very much of truth and justice, “veritatem et iustitiam”.2 By way of exploring what is up with this, she worked through what we can say about the people who judged these cases and who let them do so, and then what, as far as we can tell, they thought they were supposed to do. This involves pulling together a sample, of course—one of the reasons I love Wendy’s work is that she is someone who can start a section of a paper with the non-sentence, “Firstly numbers.”—and she has 250 records of disputes with 160 people named as judges (iudices), of whom only 15 or so occur more than once.3 Using that, she determines what we usually find judges doing (“… ordering what happens next, making primary investigations, reviewing evidence, and making decisions”) and then, the point I want to pick up here, notes that it is not just people named as judges who do such things in court:

“While the label iudex was attached to some of the judges… it was not applied to all. The group doing the judges, the group of iudices in the plural, might include, or indeed be entirely composed of, indiviudals who carried the label iudex, but it might also include others…. The apparent inconistencies in this usage are quite easily explained: being called a iudex was a marker of status—the label was applied to such people when, for example, they witnessed uncontested sale transactions; to do the judging you did not need to be a iudex, although you might be; in other words, the label iudex and the act of judging are separable. A iudex (in the singular) was a person of special status and skill—a kind of professional; he must usually have been literate (given the number of cases in which a scribe is termed iudex) and he is likely to have known some law. Doing the judging was something in which other leading men of a locality could participate; hence the common references to iudices in the plural, as the people doing the judging….”4

This intrigues me a great deal. As long-term readers will know there are plenty of judges in my evidence, and I am particularly grateful to one or two of them for the amount of detail they would cheerfully go into in explaining the cases they oversaw, but many of the others are complete obscurities, never seen in judgement or only once.5 These latter are trouble for some of the laudatory things that have been said about judges in early medieval Catalonia, who are famous for having been literate, educated, clerical and publicly-appointed disinterested judicial practitioners guided primarily by the written law.6 Jeffrey Bowman, among others, has exposed how carefree they could be about how to use that written law, and I’ve blogged an example here, but the idea that they were educated and publicly appointed has never really been challenged.7 Bowman’s work is especially interesting here because he sees a difference between the educated comital judges of Barcelona and the rather more homespun and independent judges of very southern France, and I have suggested that this is a distinction made over space which should actually be made over time, because plenty of the latter seem to me to exist in Catalonia too.8

London, British Library, MS Royal 6.E.vii,  f. 345 detail, showing a fourteenth-century judge

Judges are never depicted in this period and area as far as I know, and i certainly can’t find one from in-area and in-period. On the other hand, this fourteenth-century depiction from James le Palmer’s Omne Bonum does also illustrate the word iudex, of which this is the historiated initial… It’s from London, British Library, MS Royal 6.E.vii, fo. 345r.

One way to advance this is to ask who appointed judges. In Catalonia it’s almost always assumed to have been the count, but there is really no evidence of this that I know of. Judges appear with the count, receive gifts from the count, hand out judgement in courts over which he presides, and some of the more outstanding ones do this for several counts.9 It’s not even only the educated ones; Borrell II of Barcelona had a castellan called Guifré who was also a iudex, although we have no records of him actually judging, and that is at least a recognition of his title by the count.10 Still, we don’t have anyone who helpfully calls themselves iudex comitis or comitalis and the actual process of nomination is not recorded. Now, Wendy does have some answers to this question, not least because she does have royal judges, iudices regis.11 But that’s the top of the pile, and the bottom is different. The chunk I’ve quoted above goes on as follows:

“… in [a case previously discussed], the additional three judges were selected from the assembled court to probe the witness evidence. Very occasionally there are references to choosing the judges from assembled boni homines, that is ‘worthies’, although that is rare (and the texts do not specify who made the choice).”12

This is practically being made a judge for the day, isn’t it? And it’s a mile away from the idea of such persons as carefully trained and professionally active, even if those chosen would probably have had a lot of relevant knowledge. If we have such cases in Catalonia, I don’t know about them as yet. But the problem is not that we have a different pattern attested there, but that we have no pattern; we have judges with no origin, beyond the fact that we can see that some of the more educated ones were members of the Barcelona chapter.13 Given this absence of evidence, the kind of variety that Wendy attests is as plausible as anything else, and then what does that do to the idea of Catalan justice as a model of early medieval statecraft? Well, she has an answer to that too:

“What is interesting, given that the state was undeveloped, is that there was a public system, from east to west, north to south, which had recognised procedures, experts, written law, officers, scales of penalty, counts with potestas (in these contexts, legitimate capacity to hold a court). There was a strong sense of the public, although differently conceptualised from either ancient or modern notions.”14

It is that difference in conceptualisation I am still struggling with here, I think. But as so often, it is easier if one compares, and Wendy has made that much easier.

1. W. Davies, “Judges and Judging: truth and justice in northern Iberia on the eve of the millennium”, The Reuter Lecture 2009, in Journal of Medieval History Vol. 36 (Amsterdam 2010), pp. 193-203, DOI: 10.1016/j.jmedhist.2010.07.001.

2. Ibid. pp. 194-195, citing inter alia Warren C. Brown and Piotr Górecki (edd.), Conflict in Medieval Europe: changing perspectives on society and culture (Aldershot 2003) and various studies now reprinted in Stephen D. White, Feuding and Peace-Making in Eleventh-Century France, Variorum Collected Studies 817 (London 2005); the quote is from a León charter of 952 printed in Ernesto Sáez (ed.), Colección documental de la Catedral de León (775–1230), I (775–952), Fuentes y estudios de historia leonesa 41 (León 1987), doc. no. 256, which it turns out I have cited here before.

3. Davies, “Judges and Judging”, pp. 195-201, quote on p. 199.

4. Quotes ibid., pp. 201 and 200 respectively, punctuation as in the original.

5. See Jonathan Jarrett, Rulers and Ruled in Frontier Catalonia, 880-1010: pathways of power (Woodbridge 2010), pp. 42, 133, 139 & 152, inter alia.

6. The classic statement of this maximum case is 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, to which add his “Literacy and the Laity in Early Medieval Spain” in Rosamond McKitterick (ed.), The Uses of Literacy in Early Mediaeval Europe (Cambridge 1990), pp. 109-133, repr. in Collins, Law, Culture and Regionalism, XVI; more nuanced, but still fundamentally affirmative, is Josep María Salrach, Justícia i poder en Catalunya abans de l’any mil, Referències 55 (Vic 2013), pp. 143-178, which does very much the same job as Wendy does in “Judges and Judging” but with different starting questions.

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

8. Jarrett, Rulers and Ruled, p. 133; I go into more detail in the next book, now under work and about which I shall blog ‘ere long honest.

9. Guifré Ausonensis, despite his byname, seems to turn up first of all judging for Count-Marquis Oliba Cabreta of Cerdanya, and only to move into Borrell II of Barcelona’s territory (mainly Osona and Urgell) later in his career. I give some references for him ibid.

10. Ibid., pp. 152 & 153.

11. Davies, “Judges and Judging”, pp. 199-200.

12. Ibid. p. 201.

13. See Josep M. Font i Rius, “L’escola jurídica de Barcelona” in Jesús Alturo i Perucho, Joan Bellès, Font, Yolanda García & Anscari Mundó (edd.), Liber iudicum popularis. Ordenat pel jutge Bonsom de Barcelona, Textos jurídics catalans 23 (Barcelona 2003), pp. 67-100.

14. Davies, “Judges and Judging”, p. 202.

Name in Lights X

[This post originally went up in September 2014 when its information was fresh and new, and was ‘stuck’ to the front page for ages. Now I’ve got through the backlog to the point where this would properly have been posted, it’s time to let it go into the stream to join its fellows, with more soon to follow. And in the meantime, if you had managed to miss this piece of my writing, I don’t suppose it can hurt to bring it before you again…]

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)

The 2014 outputs have begun to appear at last! Though thankfully this is already not the last of them, it is the first, a review by me of Josep María Salrach’s new book as you see above for The Medieval Review; it is online here. The final version of this went off at the end of June, it was up some time earlier this month, not too bad; sometimes online publishing actually does live up to its promise for quick delivery. The book, by the way, is rather good, but if you want to know why I think so, well, read the review, it’s open-access… Some of the points I make there in a sentence or so will turn up here as worked-up blog posts in due course. Stay tuned also, however, for more publications news!

Full citation: J. Jarrett, review of Josep María Salrach, Justícia i poder en Catalunya abans de l’any mil (Vic 2013) in The Medieval Review 14.09.16, online at, last modified 15 September 2014 as of 27 September 2014.

A picture of swearing in Catalan

I don’t have time for anything much this post because I’m at yet another conference, but happily I have something short but sweet part-written-up from ages ago, when I was still finishing Michel Zimmermann’s infamous Écrire et lire en Catalogne, and found among his facsimiles this:

Arxiu de la Corona de Aragón, Cancilleria, pergamins Ramon Borrell, carpeta 6, número 119

Arxiu de la Corona de Aragón, Cancilleria, pergamins Ramon Borrell, carpeta 6, número 119, from Zimmermann, Écrire et lire en Catalogne (siècles IXe-XIIIe (Madrid 2003), II, fig, 5.

Now this may not look like much, but it is apparently quite important, as I quickly found by websearching it: at that point, September last year, it had only recently been on display in Tremp, in Pallars, as the earliest known document in Catalan. This is apparently a contested title, another contender being the Homílies d’Organya, a late twelfth-century manuscript of sermon material, but it has been decided for the purposes of this exhibition at least that the smaller daggier document was still the winner.

Arxiu de la Corona d'Aragó, Cancilleria, Pergamins Ramon Borrell 119, on display at Tremp

So what actually is it? Well, it is one of the instances of swearing that have occasionally turned up on this here blog, to wit the swearing of fidelity by one person to another, in this case a chap called Radulf Oriol to Count Ramon IV of Pallars (Zimmermann says it’s Ramon III but the two editions available both disagree).1</sup. The text is as follows, and it does make you see what the people who claim it as Catalan mean, at least after the first sentence. I don’t see the accents in the facsimile myself, but the rest is pretty much there:

“Iuro ego Radolf Oriol, filum Mirabile, a te Ragimundo chomite, filum Ermetruete, et a te Ermesende chomitissa, filiam Gilgade, ipssos chastellos de Aringo et de Oriti. Go fideles vos ende seré, go no los vos devetaré ni devetare, no llos vos faré; et si de Giriperto, meum seniore, menus venerit per morte, go a vós ende atenderé, sine lochoro che no no vis ende dedaddamandare.
“Quamu ací est est scriptu et omo ligere hic pote, si vos ateré et si vos atenderé per directa fidem, sine vestro enchanno, per Deum et sanctis suis.”

Which, if I must translate, comes out something like this, where the bold bits are the vernacular:

“I Radulf Oriol, son of Mirabella, swear to you Count Ramon, son of Ermetruit, and to you Countess Ermessenda, daughter of Guilgada, the castles of Areny de Noguera and of Orrit. I will be faithful to you over them, I will not deprive you of them or make you be deprived of them, and if my lord Geribert comes to less by death, I will attend upon you for them without money, the which I will not demand from you.
“Whatever is written here and man may here read, thus I utter to you and thus I shall attend upon you
by direct fidelity, without any deception, by God and His saints.”

So it’s pretty basic and functional but does the job. One problem though: you may notice that like most of its kindred documents, it’s not actually dated. The Tremp exhibition pins it to between 1028 and 1047 and Zimmermann to between 1011 and 1047, based on the people involved, but it really could be anywhere within that window, which opens that same window up to a load more documents of this type sworn to Count-Marquis Ramon Berenguer I of Barcelona, most of which also have vernacular clauses scattered here and there; we’ve met one or two here before.2 This one’s average date is earlier? But Adam Kosto would point to some other proto-convenientiae like this that are even older, and also have the odd flicker of Romance about them…3 In the end it’s a judgement call, and you may as well pick the local one if you have an exhibition to mount, but the more interesting questions may be about what exactly counts as Catalan here and why it is only present intermittently. For me, I admit, the most interesting question remains why only this genre of document uses mother’s names rather than father’s names to identify its participants, but I don’t know how we get anywhere with that. Till then, here’s an interesting charter!

1. The document is edited in F. Miquel Rosell (ed.), Liber feudorum maior: cartulario real que se conserva en la Archivo de la Corona de Aragón (Madrid 1945), 2 vols, doc. no. 141, and Gaspar Feliu i Montfort & Josep María Salrach (edd.), Els pergamins de l’Arxiu Comtal de Barcelona de Ramon Borrell a Ramon Berenguer I, Diplomataris 18-20 (Barcelona 1999), 3 vols, no. 340, whence this text.

2. Michel Zimmermann, “Aux origines de Catalogne féodale : les serments non datés du règne de Ramon Berenguer Ier” in Jaume Portella i Comas (ed.), La formació i expansió del feudalisme català: actes del col·loqui organitzat pel Col·legi Universitari de Girona (8-11 de gener de 1985). Homenatge a Santiago Sobrequés i Vidal, Estudi General 5-6 (Girona 1986), pp. 109-151, online here, with English summary p. 557.

3. Adam J. Kosto, Making Agreements in Medieval Catalonia: power, order, and the written word, 1000-1200 (Cambridge 2001), pp. 26-74.

While it’s been quiet I have been reading (and writing)

So I am back from Leeds and there are now two Leeds folders of my notes to blog about in the pile which means that, sadly, I am about a year behind again. How has this occurred? Well, I explained a few posts ago that since January my days have been basically taken up with getting stuff written that might get me hired, one way or another—which of course worked, or something did—and also dealing with a truly heroic level of over-commitment, and that this has basically most days taken me up till midnight and bedtime before getting to any space of time in which I might blog. But I felt like some kind of list of what has passed before me in that time and what it was for might also be explanatory, maybe even provocative of thoughts and comments, and mostly generally make me feel better about the lag. So, this is basically a commented bibliography of my life over the last six months or so and I’ll then carry on attacking the backlog…

Jonathan Jarrett's workspace in Birmingham

The workstation as it currently stands, lacking only your humble scribe

Roughly in order then…

  1. Michel Zimmermann, “El bisbe català durant els segles X-XIII” in idem, En els orígens de Catalunya: emancipació política i afirmació cultural, transl. Antoni Bentué, Llibres a l’abast 248 (Barcelona 1989), pp. 137-165.
  2. This was for my Kalamazoo paper. I had to go to the British Library for the first time in possibly years to get at it, having completely failed to find a copy for sale anywhere; most of it is reprinted but without having access to a copy you can’t know how much, the online presence of it doesn’t get as far as a contents list. If it would help people I can actually say what’s in it, but I made a list, read this one chapter (which is only printed here) in a hurry, and then basically didn’t use it as though it’s quite interesting it has no references, which were deferred to a French version that seems never to have come out…

  3. Lutger Körntgen & Dominik Waßerhoven (edd.), Patterns of Episcopal Power: bishops in tenth- and eleventh-century Western Europe. Strukturen bischöflicher Herrschaft im westlichen Europa des 10. und 11. Jahrhunderts, Prinz-Albert-Forschungen 6 (Baden 2011).
  4. Also for the Kalamazoo paper, which as you may be beginning to guess was about bishops, and much more useful, especially for the Englishing of a seminal German paper by Timothy Reuter.1

  5. The first 95 pages of Albert Benet i Clarà, Història de Manresa dels orígens al segle XI (Manresa 1985).
  6. This largely because for reasons that will sort of get blogged about, I had a spare day in Barcelona which I largely spent in the Biblioteca de Catalunya. I have been needing to get at this for a long time, even before I started working on priests around Manresa but especially since then, and I can really only do so in Catalonia. It turns out to be about eight hundred pages, though, so I will need a few more visits…

  7. The introduction of Antoni Pladevall i Font, Tona: mil cent anys d’història, L’entorn 16 (Tona 1990).
  8. For much the same reasons of opportunity, to break up the solidity of the Benet volume and because I’ve repeatedly cited it as a thing I know exists and I felt that I needed to see what it actually says in case this was a bad idea. I only had time for the introduction, though, so the jury is out till next visit.

  9. Jeffrey A. Bowman, “The Bishop Builds a Bridge: sanctity and power in medieval Pyrenees” in Catholic Historical Review Vol. 88 (Washington DC 2002), pp. 1-16, DOI: 110.1353/cat.2002.0006.
  10. I should have read this years ago too, given how I like St Ermengol as an example case, but now I did so as to get it clear for the Kalamazoo paper, and in fact it turned out to be one of the pieces of scholarship around which I oriented the paper, so that was good to have done.

  11. Cécile Morrisson, C. Brendt, J.-P. Callu, J.-N. Barrandon, J. Poirier & R. Halleux, L’or monnayé 1 : Purification et altérations de Rome à Byzance, Cahiers Ernest-Babelon 2 (Paris 1985).
  12. For work, really, and specifically the All That Glitters project, and for that very educational; there will be blog posts about this in due course…

  13. John S. Ott & Anna Trumbore Jones (edd.), The Bishop Reformed: studies of episcopal power and culture in the Central Middle Ages (Aldershot 2007).
  14. Another volume of studies about bishops, and this one very useful; there were many case studies in here which I thought paralleled what I wanted to say, and it turned up a lot in the Kalamazoo paper’s footnotes.

  15. Sean Gilsdorf (ed.), The Bishop: power and piety at the first millennium, Neue Aspekte der europäischen Mittelalterforschung 4 (Münster 2004).
  16. And another, and in some ways the most useful to think with; it also exposed that even Timothy Reuter was not above publishing roughly the same thoughts twice, however…2

  17. David S. Bachrach, Warfare in Tenth-Century Germany (Woodbridge 2012).
  18. Read very rapidly, but avidly, for a paper I was giving in Oxford the week after Kalamazoo, a repeat offence I’m afraid, but I had a lot of reactions to this book (some of which, I will admit, were incredulous) and I will definitely be writing about this here as well as in the final version of that paper.

  19. Constantine Porphyrogenitus, De Administrando Imperii, ed. Gyula Moravcsik & transl. Romilly J. H. Jenkins, 2nd edn., Dumbarton Oaks Texts 1 (Washington DC 1967).
  20. For the recent Leeds paper, and a fascinating read as well as being my first real brush with Byzantine source material; there will also be blog posts about this!

  21. Mark Handley, Dying on Foreign Shores: travel and mobility in the late-antique West, Journal of Roman Archaeology Supplementary Series 86 (Portsmouth RI 2011).
  22. Ths I was reading largely because it kept coming up in a project bid I was part of, about which there will be further blogging if it comes off at least, and I kept telling people how important it was on the basis of the paper I saw Mark give once when he was writing it, and felt I had better make sure. But it turns out it’s brilliant, so I was reassured. I’m not just saying this because he may be reading, I haven’t actively enjoyed a work of scholarship this much for ages. I have one post stubbed coming out of this which will engage with a tiny part of it, but meanwhile I can only say that not only is it required reading for anyone working on travel in late Antiquity, it’s also a good read. Enjoy the footnotes…

  23. Romilly J. H. Jenkins (ed.), Constantine Porphyrogenitus: De Administrando Imperii. A Commentary, 2nd edn. (Washington DC 2012).
  24. Given the speed at which I was having to amass knowledge about the De Adminstrando Imperii, the fact that there existed a commentary volume was a godsend, even if it is by now fifty years old in its original form. I saw it while I was at Dumbarton Oaks (about which also future blog) and then made sure to read it, and without it the Leeds paper could not have existed. It was also illuminating about why the work on the De Adminstrando I’ve read is so unbothered about the obviously questionable state of the text, and I will certainly blog about that in due course too.

  25. And lastly, bits of Jonathan Shepard (ed.), The Cambridge History of the Byzantine Empire (Cambridge 2008).
  26. This lastly just to get some kind of sense of where Byzantine scholarship on these areas has gone since Ostrogorsky and the edition of the De Adminstrando, and for that also vital, but it gives me less to say that wasn’t actually in the Leeds paper except that I wish Armenia and eastern Turkey were currently safer to visit.3

So that not only wraps up a list, but tells you quite a lot about what I’ve been doing and what you can expect here as, I hope, I reduce the backlog. Meanwhile, any questions? And thanks as ever for reading.

1. Timothy Reuter, “Ein Europa der Bischöfe. Das Zeitalter Burchards von Worms”, in Wilfried Hartmann (ed.), Bischof Burchard von Worms 1000-1025, Quellen und Abhandlungen zur mittelrheinischen Kirchengeschichte 100 (Mainz 2000), pp. 1-28, transl. Dominik Waßerhoven as “A Europe of Bishops. The Age of Wulfstan of York and Burchard of Worms” in Lutger Körntgen & Waßerhoven (edd.), Patterns of Episcopal Power: bishops in tenth- and eleventh-century Western Europe. Strukturen bischöflicher Herrschaft im westlichen Europa des 10. und 11. Jahrhunderts, Prinz-Albert-Forschungen 6 (Baden 2011), pp. 17-38.

2. Reuter, “Bishops, rites of passage, and the symbolism of state in pre- Gregorian Europe”, in Sean Gilsdorf (ed.), The Bishop: power and piety at the first millennium, Neue Aspekte der europäischen Mittelalterforschung 4 (Münster 2004), pp. 23-36, which has maybe a three-quarters overlap with “A Europe of Bishops”.

3. George Ostrogorsky, Geschichte des byzantinischen Staates, Handbuch der Altertumswissenschaft XII.1.2 (München 1940), transl. Joan Hussey as History of the Byzantine State (Oxford 1956), 2nd English edn. from 3rd German edn. (Oxford 1968) and then reprinted four times by the date of the copy I bought a few days ago, and as that implies still very much the standard reference.

Sometimes justice really was blind

I work on the Catalan tenth century not least because, while the amount of evidence I have to work with is huge, if I ever step across the line into the eleventh century there’s just so much more that I would never get through it all. Much less of the material from after 1000 is published, too, though that is now improving. For my Ph. D., however, I set a cut-off date at 1030, figuring that a generation’s space after 1000 would let most of the threads I wanted to follow find their ends, and this lets some fun things sneak in that a study of the tenth century only would miss.

Biblioteca Universitària de Barcelona, Pergamins, C (Sant Pere de Casserres) núm 20

Like this, for example, about which I wrote a long time ago. It is Biblioteca Universitària de Barcelona, Pergamins, C (Sant Pere de Casserres) núm 20

I think this must be the only reason Josep María Salrach’s study of justice in Catalonia doesn’t mention what I had, when I drafted this, just found in the appendices of Michel Zimmermann’s Écrire et lire en Catalogne, of which I was then in the final pages.1 Zimmermann is interested in the early part of that book in people who get documents signed with clauses explaining why they couldn’t write themselves, and his Annexe IV is a long list of all the examples he’d found.2 Usually the reason given is illness, sometimes people stress that they can read even if they can’t write, and very rarely is it just ‘I can’t’, though despite all of this most signatures, in all documents, are done by the scribe, and it’s almost only ecclesiastics who sign for themselves. There’s an odd case, however, a judge named Guillem who, in Zimmermann’s list, always has his signature done with the same clause:3

“Ego Guillermus judex qui huius edictionis tactu necessitate oculorum signoque impressionis corroboro.”

This is quite tricky to translate, not least because it’s possible that where he used ‘necessitas’ he meant or was riffing on ‘cecitas’, which would be ‘blindness’, much more common in these formulae. And it clearly is a formula here, it is repeated for him pretty much word-for-word over a 28-year period and all that changes is the spelling of his name (Willielmus in the first document), despite a myriad of different scribes, so he must have known this clause and dictated it to the scribes. It’s something like:

“I, the judge Guillem, corroborate, by reason of necessity of the eyes, by touching this edict and with a mark of impression.”

It’s not clear to me for this wording whether he was meant to be holding a pen or not, or just to have put his finger to where his signature had been written for him, but in the only one of these documents of which I have a picture, his is the last witness signature and while it is clearly in the scribal hand, as you’d expect, it is followed, as you can see below, by a cross, set crookedly to the line of writing.4 I’d like to think that’s his mark. He presumably would have remembered how it went even if he couldn’t see what he was doing any more, and I do wonder if the odd word choice should be taken to imply that he didn’t think he was blind as such, just, I don’t know, long-sighted or something. He certainly didn’t let it stop him judging for another twenty years! And, as the post title implies, his would have been closer to blind justice than the area sometimes managed…

Partial facsimile of a 986 document from the Arxiu Capitular de Vic

Black-and-white facsimile of part of a charter of Guillem’s, his signature being the last line and a bit of the body text

1. J. M. Salrach, Justícia i poder en Catalunya abans de l’any mil, Referències 55 (Vic 2013); Michel Zimmermann, Érire et lire en Catalogne (siècles IX-XIII), Bibliothèque de la Casa de Velázquez 23 (Madrid 2003), 2 vols.

2. Ibid., I pp. 81-83 & II pp. 1107-1111.

3. There’s the question of whether he appears before his eye problem developed and signed for himself then, and there is a judge Guillem in Cebrià Baraut (ed.), ‘Els documents, dels anys 981-1010, de l’Arxiu Capitular de la Seu d’Urgell’ in Urgellia Vol. 3 (Montserrat 1980), pp. 7-166, doc. no. 252 & Antoni M. Udina i Abelló, La Successió testada a la Catalunya medieval, Textos i Documents 5 (Barcelona 1984), ap. 26, but of course to prove it’s the same guy, you’d need, well, his signature… And there is a judge Guillem working at this same time who could still write, so who knows really. The documents in which Zimmermann finds him professing inability so to do run from 986 to 1015, and were then printed as: Eduard Junyent i Subirà (ed.), Diplomatari de la Catedral de Vic (segles IX i X), ed. Ramon Ordeig i Mata (Vic 1980-1996), 5 fascicules, doc. no. 524; Petrus de Marca, Marca Hispanica sive Limes Hispanicus, hoc est geographica & historica descriptio cataloniæ, ruscinonis, & circumiacentium populorum, ed. Étienne Baluze (Paris 1688; repr. Barcelona 1972, 1989), ap. CLXXIII; Francesc Monsalvatje y Fossas (ed.), Colección Diplomática del Condado de Besalú, Noticias Históricas XI-XIII, XV & XIX (Olot 1901-1909), 5 vols, ap. DLXXIII; & Jaime Villaneuva, Viage Literario a las Iglesias de España tomo XIII: viage á Gerona (Madrid 1850) app. XX & XXII.

4. Miquel dels Sants Gros i Pujol, ‘Lámines’ in Junyent, Diplomatari, pp. 681-808, no. 108 (doc. no. 524).

The complex thrill of uncut pages

Once, during the latter stages of my Ph. D. work, I went to the Cambridge University Library only to find that someone had borrowed the borrowable copy of volume 5 of the Histoire Générale de Languedoc in its revised edition and not returned it. I know, I know, happens to you all the time, right? They continued not to return it subsequently, anyway, and while these days such a difficulty is rendered negligible by the fact that the thing is online now, then it was quite the difficulty, at least for me right then. Cambridge UL however had a second copy, accessible only via the Rare Books Room, so I went there and requested it, and when it came up its pages were uncut; in the course of the UL’s ownership of the Acton Collection within which it resided, and of course since its actual printing in 1872, no-one had wanted to read this book albeit, apart from Lord Acton who had no excuse except his other 59,999 books, probably not least because of the other copy that you didn’t have to order up not then being missing. So I sat there for an hour unable to work on it while someone behind the desk slowly and carefully went through every folio with a paper knife, and I felt like an awful vandal. Why am I telling you all this? Because of this, dear readers!

A copy of Federico Udina Martorell's El Archivo Condal de Barcelona en los siglos IX-X: estudio crítico de sus fondos, Textos 18 (Barcelona 1951)

My own copy of Federico Udina Martorell’s El Archivo Condal de Barcelona en los siglos IX-X: estudio crítico de sus fondos, Textos 18 (Barcelona 1951).

This was an ABE moment brought on by one of my book plans. I had told someone that the only reason I couldn’t start on one of these books was that I probaby needed to own the actual standard edition of the Sant Joan de Ripoll charters, then one evening I wondered how much that would cost to buy, and whoops, ABE and it arrived with me a few weeks later. And yup, look. It was uncut too.

Splayed pages of an uncut copy of Federico Udina Martorell's El Archivo Condal de Barcelona en los siglos IX-X: estudio crítico de sus fondos, Textos 18 (Barcelona 1951)

My reaction this was quite complex. In the first place, there was vexation. Now, apart from anything else, I needed a paper knife, and using the book would be laborious even then unless I too wanted to spend that solid hour carefully going slit… slit… slit…. In the second place, I felt quite powerfully that this would be spoiling it. You can’t put a book back like that, after all; as before, it seems weirdly like vandalism even though the manufacturers and indeed authors always meant this to happen and you can’t use the book without doing it.

Federico Udina Martorell's El Archivo Condal de Barcelona en los siglos IX-X: estudio crítico de sus fondos, Textos 18 (Barcelona 1951)

Those rough uneven edges will never be the same!

But lurking behind that is a deeper question. This book was published in 1951, and at that point or soon after, presumably, someone decided they needed a copy, but then never opened it. Perhaps, indeed, there has been more than one owner of this volume before me who never quite got round to actually using it. They’ve left me no clues. But who would buy a volume of Catalan charters with all their supporting palæographical and chronological difficulties studied, the perfect entry to the study of these documents, yet, already, and then never open it? What historian was working on this stuff and then got diverted? Why did it never get used? The book itself has become a source for an abortive endeavour of study about which, never having been marked, it can tell us nothing further, and it’s just that little bit maddening…

The Carolingian (back-up) plan for world domination

It’s a long time now since I did my doctorate. Nonetheless, I recognise a huge debt in my work even now to that of my supervisor, Matthew Innes—I am prone to saying that Rosamond McKitterick gave me my study area, Matthew gave me questions to ask about it and Wendy Davies gave me the techniques to answer them (though Wendy never taught me as such), but actually Matthew gave me quite a few of the answers too—and when I come across more of his work it’s always good news. This happened again a few months ago, as I slowly worked my way through a chunky volume from Vienna on the early medieval state in which he features.1 In this chapter, he does nothing less than propose a general characteristic of Carolingian conquest, and I think it’s great and plausible but that it doesn’t work for Catalonia. From this follow some wider musings, as you may imagine.

Map of Frankish conquests under Pepin and Charlemagne

This post involves talking about Alemannia, and it’s really difficult to find a map that shows that. It’s more or less the little segment of this one marked "536" just above Italy.

Matthew starts his chapter with the tightest summary yet of his idea of how early medieval polities operated, one of the things that I have adopted wholeheartedly from him, that for distant rulers to get anything done in the regions they controlled they had to establish relationships with local agents who could do those things from a direct landed power-base, and make sure that they would do so by means of negotiation and incentives.2 Looking specifically at Alemannia, roughly modern far south-western Germany and part of the modern Switzerland, through the lens of Notker’s Gesta Karoli, a text that takes some careful reading to be used as a source for politics but one that Matthew knows very well, he argues that what Carolingian take-over looked like is a moment of weakness in a region’s autonomous government, a Carolingian intervention by force majeure involving expropriation on a substantial scale by the Carolingians’ initial agents, and then the development of a structure of government and judicial process dividing power between more people, including the locals, during which a lot of the property that was initially expropriated dribbles slowly back into local hands via gifts, court cases, benefices and so forth.3 In other word, it worked because they toppled local government, stole a lot of stuff and then offered people a way to get their stuff back that endorsed the Carolingian position at the top. As Jinty Nelson once memorably said, “They weren’t nice people, you know.”

Aerial view of the monastery of Sankt Gallen in its modern state

This is not really Sankt Gallen as Notker would have recognised it, but it’s still quite impressive. By Hansueli Krapf (Own work) [CC BY-SA 3.0], via Wikimedia Commons.

I find this very persuasive. It certainly seems to work for Alemannia (where Matthew is mostly following Michael Borgolte here), it probably works for Italy, I think also Bavaria and, in an extreme kind of way, probably also for Saxony, though it might be less property and more recognition as free people.4 It doesn’t, however, seem to me to work for Catalonia, which raises the question of why not.5 In the first place, a crucial difference: parts of what is now Catalonia first came under Carolingian government, as you may recall, because the men of Girona opted to side with the Franks in 785.6 Cerdanya and Urgell seem to have done something similar and were under Carolingian rule by 793, when a Muslim army came to punish them for it, and after that the extent of control was slowly pushed out by military means until 809, when the hope of further gains seems to have been dropped by King Louis the Pious of Aquitaine (as he then was).7 But the initial secession is represented by the Frankish sources as self-determined, and there’s little enough to make any case against that with.

Map of the Carolingian Marca Hispanica

Here’s another handy map, this one of the whole Marca Hispanica as the Carolingians established it. By Modifications author: Tonipares (Adapted and translated from [1]) [Copyrighted free use or Public domain], via Wikimedia Commons.

I have tried looking for such things, I should say, but I have pretty much failed. The ‘Goths’ here, like the ones of Narbonne, got to keep their own law; there are only two cases known to me where Frankish royal officials intervened in judicial process. For a while, at least, local counts remained in charge too, though quite possibly feathering their own nests from so doing. The administration does seem to have had a shake-up, but things like the writing of documents, for example, were still done by local standards afterwards. Even learned culture seems to have remained primarily Visigothic at first, though here I think there may be room for a different reading of the evidence.8 The Carolingians didn’t even impose the Roman rite over the Hispanic liturgy until probably much later. The two biggest changes were the abrogation of two of the area’s bishoprics, both probably inactive, and the establishment of those misunderstood semi-independent migrants, the Hispani, hither and yon with consequent complications for what was probably otherwise a mechanism for military service that would also have seemed like a severe change and which the counts were well-placed to exploit to their advantage.9 It seems as if an awful lot of the strong-arm measures required elsewhere were not necessary here. Why not?

A battle scene from the Biblia de Ripoll

A depiction of the armies of Israel from the tenth-century Bíblia de Ripoll. This is used much too often as an illustration of tenth-century warfare but I don’t have a better one so I shall be just as bad…

Well, the reprisal attack of 793 shows one good reason: those living in this area must have seen the need of protection in a fairly real way. Bavaria and Saxony’s far frontiers were largely within their capacity to manage, though Denmark might explain Saxony’s rapid assimilation in the same way as al-Andalus could here. Italy is a bit more complex, because its southern duchies remained a kind of barrier between the bit the Carolingians ruled and the notional enemy, and in any case that enemy could be any one of several. All the same, there was a job for government to do in Catalonia, and also there wasn’t much central control there anyway; while Barcelona and Girona themselves usually shared a Muslim ruling family as far as we can tell, those rulers’ position vis-à-vis cities further south and west was continually variable, and how far those centres’ power reached into the Pyrenees may legitimately be doubted.10

Roman walls at Saragossa

The walls that helped turn Charlemagne back… Roman walls at Saragossa. By own work (Own work) [GFDL, CC-BY-SA-3.0 or CC BY 2.5], via Wikimedia Commons.

But the other factor, which brings me perhaps closer again to Matthew’s argument, is that I think the Carolingians had tried the strategy he describes in the 770s and it had failed. The local agents would have been the al-‘Arabi family of Barcelona, but also no doubt some new Frankish brooms to keep them in order, and they would have ridden into local power on the back of the local leaders’ wish to separate from the Emirate; the establishment of Frankish defences would have meant a supporting allotment of land, and it could all have unrolled much as it had in Bavaria (taking that story from Duke Odilo, rather than just Tassilo), except of course that the local leaders changed their mind, formed ranks and had big old Roman cities to do this from.11 Result, Roncesvalles, more or less. So after that something else had to be done instead, and what they came up with was accommodation first, strong-arming second. But I think that Matthew might be right that the other way round had, till then, been the way that worked for the Carolingians.

1. M. Innes, “Property, Politics and the Problem of the Carolingian State” in Walter Pohl & Veronika Wieser (edd.), Der frühmittelalterliche Staat – europäische Perspektiven, Forschungen zur Geschichte des Mittelalters 16 (Wien 2009), pp. 299-313.

2. A formulation worked out in M. Innes, State and Society in the Early Middle Ages: the middle Rhine valley 400-1000, Cambridge Studies in Medieval Life and Thought 4th Series 47 (Cambridge 2000), followed by me in J. Jarrett, Rulers and Ruled in Frontier Catalonia, 880-1010: pathways of power (Woodbridge 2010), and now stated almost equally tightly in Jarrett, “Engaging Élites: Counts, Capital and Frontier Communities in the Ninth and Tenth Centuries, in Catalonia and Elsewhere” in Networks and Neighbours Vol. 2 (forthcoming), pp. 211-261, which is a pupil’s work in many ways.

3. M. Innes, “Memory, orality and literacy in an early medieval society” in Past and Present no. 158 (Oxford 1998), pp. 3-36, doi: 10.1093/past/158.1.3.

4. M. Borgolte, Geschichte der Grafschaften Alemanniens in fränkischer Zeit (Sigmaringen 1984); Elina Screen, “Lothar I in Italy, 834-40: Charters and Authority” in J. Jarrett & A. S. McKinley (edd.), Problems and Possibilities of Early Medieval Charters, International Medieval Research 19 (Turnhout 2013), pp. 231-252, doi: 10.1484/M.IMR-EB.1.101685; Stuart Airlie, “Narratives of Triumph and Rituals of Submission: Charlemagne’s mastery of Bavaria” in Transactions of the Royal Historical Society 6th Series Vol. 9 (Cambridge 1999), pp. 93-119, doi: 10.2307/3679394 and Warren C. Brown, Unjust Seizure: conflict, interest and authority in an early medieval society, Conjunctions of Religion and Power in the Medieval Past 2 (Ithaca 2001), for Bavaria; there isn’t really a good study for Saxony that I know of, perhaps because anyone who does it has to face up to the ugly fact that intermittent genocide actually worked out pretty well for Charlemagne for creating loyalty to his family…

5. It would probably work for Ramon Martí, given his “Conquistas y capitulaciones campesinas” in Jordi Camps (ed.), Cataluña en la época carolingia: arte y cultura antes del románico (siglos IX y X) (Barcelona 1999), pp. 59-63, transl. as “Peasant victories and defeats”, ibid. pp. 448-451, but as you may remember I can’t find it in me to agree there.

6. Chronicon Moissiacense, printed in Georg Heinrich Pertz (ed.)., Monumenta Germaniae Historica Scriptorum Tomus I (Hannover 1829), pp. 280-313, s. a. 785: “Eodem anno Gerundenses homines Gerundam civitatem Carlo regi tradiderunt.”

7. 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 is still the best guide here.

8. I’m finishing this post away from my library, so this is harder to substantiate than I’d like, but… judicial intervention in Santiago Sobrequés i Vidal, Sebastià Riera i Viader & Manuel Rovira i Solà, (edd.) Catalunya Carolíngia V: els comtats de Girona, Besalú, Empúries i Peralada, ed. Ramon Ordeig i Mata, Memòries de la secció històrico-arqueològica 61 (Barcelona 2003), 2 vols, doc. no. 7 and there is another case in Pierre Ponsich (ed.), Catalunya Carolíngia VI: els comtats de Rosselló, Conflent, Vallespir i Fenollet, ed. Ordeig, Memòries LXX (Barcelona 2006) but I don’t have that reference handy, sorry; the counts and their origins are discussed in Salrach, Formació, I pp. 39-46; the changes in documentary practice are studied in Jonathan Jarrett, “Comparing the Earliest Documentary Culture in Carolingian Catalonia” in Jarrett & McKinley, Problems and Possibilities, pp. 89-126, doi: 10.1484/M.IMR-EB.1.101679; and on learned culture, see Michel Zimmermann, Écire et lire en Catalogne (IXe-XIIIe siècle), Bibliothèque de la Casa de Velázquez 23 (Madrid 2003), 2 vols, II pp. 619-831.

9. On the Church reorganisation see e. g. Manuel Riu i Riu, “La organización eclesiástica” in José María Jover Zamora (ed.), Historia de España Menéndez Pidal, tomo VII: la España cristiana de los siglos VIII al XI, volumen II. Los nucleos pirenaicos (718-1035): Navarra, Aragón, Cataluña, ed. Riu (Madrid 1999), pp. 613-648. On military service, wait for my article on the subject, but meanwhile compare Cullen J. Chandler, “Between court and counts: Carolingian Catalonia and the aprisio grant, 778-897″ in Early Medieval Europe Vol. 11 No. 1 (Oxford 2002) pp. 19-44, doi: 10.1111/1468-0254.00099 and Jonathan Jarrett, “Settling the Kings’ Lands: aprisio in Catalonia in perspective”, ibid. 18 (2010), pp. 320-342, doi: 10.1111/j.1471-8847.2010.00301.x.

10. Here again Ramón Martí would disagree: see his “Palaus o almúnies fiscals a Catalunya i al-Andalus” in Hélène Débax (ed.), Les sociétés méridionales à l’âge féodal (l’Espagne, Italie et sud de France Xe-XIIIe s.) : hommage à Pierre Bonnassie, Méridiennes 8 (Toulouse 1999), pp. 63-69, for an argument for a much more thoroughly-spread Muslim presence; cf. e. g. Eduardo Manzano Moreno, “Christian-Muslim Frontier in al-Andalus: idea and reality” in Dionisius Agius & Richard Hitchcock (edd.), Arab Influence upon Medieval Europe (Reading, IL. 1994), pp. 83-96.

11. For now the best resort here is the work of Philippe Sénac, for example his “Charlemagne et al-Andalus (768 – 814)” in idem (ed.), Aquitaine—Espagne (VIIIe – XIIIe siècle), Civilisation médiévale 12 (Poitiers 2001), pp. 1-18, but look for new thoughts from Samuel Ottewill-Soulsby, currently doing his doctorate at Cambridge.