Category Archives: Catalonia

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.

Quick! To the palace!

Sometimes I have big learned-looking points I want to make on this blog, and then at other times I just want to jump and down and tell you about something fascinating I’ve found. This is one of those latter times, a document I encountered in the Catalunya Carolíngia most of whose details I never seem to have noticed before, even though it’s very unusual. It also supports the point I’ve felt towards before about the different ways of running the county of Barcelona that Count-Marquis Ramon Borrell thereof (992-1018) was already developing as he picked up bits of its rule during the lifetime of his father Borrell II (945-993), but mainly it’s one of those cases where the regular form of the documents is stretched to fit something quite unusual and one is left wondering what on earth they were trying to accomplish and how odd it was or wasn’t.

The Santuari del Mare de Déu d'Espona de Saderra

Espona de Saderra, probably not involved in today’s documentary excitement but as close as I can get copyright-free

We are in the year 996 here and the protagonist is one Gombau. He had come to a deal with a priest called Donadéu and was selling him some stuff.1 The transaction related to an estate in the Vall de Saderra, but the first complication is the nature of what they were actually transacting over, which is best set out in their own terms:

“By this scripture of my sale I sell to you in your and your heirs’ alod, that was your grandfather’s Asner’s and your father’s Galí’s, my selfsame census such as I have there that my lord Ramon, Count and Marquis, sold me, such census as you and your heirs were accustomed to answer for thence and it came to me by my purchase from my above-written lord…”

Census, in the terms of this period, is really any kind of rent or levy taken by a lord from the owner of a property over which he or she is lord, but here I think we are dealing with something that we could respectably call tax, a revenue belonging to the public official personified by the count, and it was for sale. Now, this is not quite new, you may be thinking if you really follow along here: didn’t we, after all, have a few complicated arrangements with two-way sales that effectively bestowed the tax revenue on the landholder? And yes, we did, but there are two differences here: firstly, here they were just straight out selling the revenue (for a ‘best charger’) and secondly the count had previously disposed of it, in a document we don’t have, to someone other than the landholders, which is how come Gombau had it to sell it on to them. The last time I looked at this I observed that, circa 990 at least, the counts of Barcelona could not or would not simply sell tax revenue, but had to come up with elaborate ways round it; a mere six years later we see that there was no longer such a problem with it, which means that it was probably very new.

So all of that is interesting to me, and teeters dangerously close to what we could carelessly call ‘feudalism’.2 But digging deeper we discover that actually it is even more like feudalism, because having sorted out the price Gombau made further specifications and they look very much like someone borrowing ideas:

On this account I thus hand into your power the aforesaid census for your own so that from this same day in future neither you nor any of your successors shall answer any more for any census thence to any count, nor to any vicar, nor to any man, unless your heirs so much to you. And let this above-written alod thus be free without any impediment and without any disturbance, but so much on account of the great attentiveness which I shall make to you and of the benevolence and honour and governance of the above-written alod I shall thus have patrocinium over you, I and one son of mine without any ill intent.

This is a very funny definition of ‘freedom’ that’s developing here, isn’t it? The priest Donadéu was already holding an alod, but while this has been understood as land free of lordship the difference between it not being free of lordship and a private person taking the tax revenue might be hard to spot.3 It was enough to be worth a good warhorse, apparently, but the ongoing cost was that Gombau, giving up that direct and quantifiable form of dominance, picked up a much vaguer but more subjecting one, the old Roman idea of patrocinium, a word I’ve seen in no other Catalan charter. Later documents like this, in so far as there are any like this, would just use the word dominatio, but we can see that they were here feeling out something for which they didn’t have words, because the bits that I’ve put into bold here are all coming from outside the sale formulae: the first bit is riffing off Carolingian royal immunities, by which public officials were excluded from a given territory, and the final clause is coming out of the vernacular, or at least would in later documents such as those we’ve seen here before be reflected in the vernacular, “sin engany” for what is here in Latin, “sine malo ingenio”.4 They didn’t have the formulae ready for what they were doing here, which is essentially a very early homage arrangement.

A homage ceremony illustrated in the Catalan Liber Feudorum Maior

Time therefore for the obligatory picture of an act of homage from the Liber Feudorum Maior, which for all that it was a twelfth-century compilation does contain documents from this far back. From Wikimedia Commons.

So what was going on here is at some level a delegation or even a privatisation of public authority, but at another level this is immensely personal. The last time I looked at these concessions, when they were still fiddly, I suggested that the claim to census might itself be fairly new, irregularly enforced and brought out mainly, as I then put it, as kind of “a protection racket, in which the counts picked somebody whose tax liability they were willing to enforce in order to bind them closer into the structure of personal obligations created by these kinds of deals.” By the 1050s, as we’ve seen, those kind of personal obligations were most of how power was being constructed in these areas, in a hierarchy much like the supposed feudal pyramid except far less tidy.5 Here, in 996, we see it already happening, but within the old structures of power that gave the scribe the words he used, words whose use suggests this was new.

What made this worth wording carefully, however, was presumably a lurking sense that in some way this was public revenue. I say this not just because of the repeated invocation of the count, but because of the detail that was actually the first one I noticed when I read this document during my Ph. D. (and clearly subsequently forgot), which is the signature clause by the scribe: he explains himself as he, “who wrote this sale in the See of Vic, and it was confirmed in Barcelona, in the selfsame palace of Count Ramon, in the street, by the order of the above-written Gombau”.

The erstwhile comital palace of Barcelona

The erstwhile comital palace of Barcelona, fourteenth-century as it stands but with one or two tenth- and eleventh-century bits in it… It’s in that courtyard, even though it wasn’t then there, that I imagine this scenario happening. “Plaça del Rei 2074102277” by Carquinyol from Badalona, Catalunya, upload by HerrickBarcelona – Plaça del Rei. Licensed under CC BY-SA 2.0 via Wikimedia Commons.

When I first saw this I was mainly interested in the palace, because it was then the earliest mention of it of which I knew (though as you have seen here there is one text that makes it clear that Borrell also had a palace, presumably the same one). But it’s weirder than just that, isn’t it? Gombau didn’t get this deal confirmed in the palace, but outside it, in the street, “in platea”. Neither did the count witness it, though a judge did and he only one of seven clerics who make up the witness list, including Gombau’s brother. Again, there is for me the sense here that there wasn’t a procedure for this, that this was not a common or perhaps entirely legitimate operation, and it needed a kind of public sanction that brought it to the centre of comital government, rather than the solemnity of Vic cathedral, but then didn’t actually involve that governor but a raft of clerics instead.

There are plenty of questions that arise: did all these sales of tax revenue involve the kind of recognition of patronage that Gombau here got made explicit, but which a count might not need to have because of already having it? Is the reason this arrangement was so undefined and fudged from bits precisely that everyone was clear that this was in some sense acting like the count, and therefore conscious that public power had a particular sphere still that private persons shouldn’t really have? Or is it instead more important that the count himself had disposed of these rights to Gombau in the first place (and that Borrell, evidently, had not)? Without being able to work out more of what was actually happening here (and why Vic cathedral wound up with the charter) I can’t answer these questions, but I ask them feverishly anyway, believe me I do.

1. The document survives in the original and is printed in Eduard Junyent i Subirà; (ed.), Diplomatari de la Catedral de Vic (segles IX-X), ed. Ramon Ordeig i Mata (Vic 1980-1996), 5 fascs, doc. no. 594, where I first met it without apparently reading it properly, and in Ordeig (ed.), Catalunya Carolíngia IV: els comtats d’Osona i Manresa, Memòries de la Secció històrico-arqueològica 53 (Barcelona 1999), 3 vols, doc. no. 1712, where I apparently still had to read it three times before noticcing all of the things mentioned here. Given that and the weight I place on words here it seems worth giving a text myself:
“In Dei nomine. Ego Gondebaldus vinditor sum tibi Donadeo presbitero, emptore. Per hanc scriptura vindicionis mee vindo tibi in ipsum tuum alode et de eredes, qui fuit de Asenario avio tuo et de Galindone patre tuo, ipsum meum censum qualem ibidem abeo que mihi vendidit senior meus Raimundus comes et marchio, talem censum qual tu et eres tui exinde solvere solebas et advenit mihi per mea empcione de suprascripto seniori meo, et est hec omnia in comitatu Ossona, in kastrum Torilione, in valle Sedero vel in eius termines. Qui afrontat hec omnia: de orientis in ipsa Guardia, et de meridie in ipso pugo ultra flumine Tecer que dicunt Cergoso, et de occiduo in ipso grado de Seder, et de circii in ipsa gugularia de Boscatello. Quantum in istas afrontaciones includunt sic vindo tibi suprascriptum censum ab integrum, qualem senior meus suprascriptus comes ibi abuit et mihi vendidit, totum vindo tibi ab integre propter tuum kavallum obtimum, quod tu mihi donasti in precio et mihi placuit et manibus meis recepii, et est manifestum. Propetera sic trado in tua potestate suprascriptum censum ad tuum proprium ut de isto die in antea neque tu neque ullus de succesoribus tuis iam amplius exinde nullum censum persolvatis ad nullum comitem, neque ad ullum vicarium, neque ad ullum ominem, nisi tantum eredes tuis ad te. Et sic fiat liber suprascriptus alodes sine ullo inpedimento et sine ulla inquietudine, set tantum propter magnam diligenciam quod ego faciam ad te et bonitatem et onorem et gubernacionem de suprascripto alode sic abeam super te patrocinium ego et unus filius meus sine malo ingenio. Quod si ego Gondebaldus qui recepit de te Donadeo presbitero suprascripto precio aut filius meus qui de te aut successores tuos de suprascripto censo aliquid inquietaverit, non hoc vale vindicare set componat tibi omnem suprascriptum alode in duplo cum sua melioracione, et in antea ista scriptura vindicione firma permaneat modo vel omnique tempore.
“Facta ista scriptura vindicione XVIII kalendas februarii, anno VIII regnante Ugo rege.
“Sig+num Gondebaldo, qui ista vindicione fecit et firmavi et firmare rogavi. Dacho sacer et iudex sub SSS. S+ Sentelle presbiter. S+ Holiba levita SSS. S+ Agigane sacer. Erigane sacer de Terraca. Sentelle presbiter de Barchonina. Oliba levita, frater Gondebaldo.
“Francus sacer, qui ista vindicione scripsit in sede Vico et fuit firma in Barchinona, in ipso palacio de Raimundo comite, in platea, per iussione de suprascripto Gondebaldo, et sub SSS. die et anno quod supra.”

The bold bits are autograph signatures.

2. At this point I cite Susan Renyolds, Fiefs and Vassals: the medieval evidence reinterpreted (Oxford 1994), and duly note that what we have here includes neither a fief nor a vassal and that probably I should find a better word, if only anyone would recognise by it what I meant any more readily.

3. See Gaspar Feliu, “La pagesia catalana abans de la feudalització” in Anuario de Estudios Medievales Vol. 26 (Barcelona 1994), pp. 19-41, for a powerful argument that alodial property was never free in the way that historians of the period have often imagined.

4. On these documents see of course Adam J. Kosto, Making Agreements in Medieval Catalonia: power, order and the written word, 1000-1200, Cambridge Studies in Medieval Life and Thought 4th Series 51 (Cambridge 2001).

5. Ibid. but also Pierre Bonnassie, “Les conventions féodales dans la Catalogne du XIe siècle” in Annales du Midi Vol. 80 (Toulouse 1968), pp. 529-550, repr. in Structures sociales de l’Aquitaine, du Languedoc et de l’Espagne au premier âge f&eacuute;odal : Colloque International de Toulouse, Mars 1968 (Paris 1969), pp. 187-219, transl. Jean Birrell as “Feudal Conventions in Eleventh-Century Catalonia” in Bonnassie, From Slavery to Feudalism in South-Western Europe, transl. J. Birrell (Cambridge 1991), pp. 170-194, for the case before, and 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, with English summary p. 557, French online here, for important nuance.

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.

‘We saw with our eyes and heard with our ears…’

I’m sorry for the unintended hiatus here over the last few days. It turns out that a week in which you start teaching a new hitherto-unfamiliar primary text in two volumes and initiate work on two separate projects outside your main job as well as going to three seminars and a football match (but a football match with medievalists, I should insist) just isn’t very compatible with blogging. Who knew? You will, of course, hear about not just the projects but also the primary text and what I read round it at least a little bit, but the post I have been meaning to finish, and now do, is one more about the gift that keeps on giving, Josep María Salrach’s Justícia i poder a Catalunya abans de l’any mil.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)

The last one of these posts, you may recall, involved the process for replacing lost documents under Visigothic law, reparatio scripturae, as applied in Catalonia. As I said then, the documents that record such events involve quite detailed reprises of documents sometimes from many years before, and this has led to scepticism that such details could in fact have been genuinely present in the old documents, rather than recovered from the contemporary situation and artifically gilded with the antiquity of presumed memory.2 But as with other such questions, while he doesn’t obviously know that it’s being asked, Salrach has an answer to this, at least potentially. Picking up on the Cuixà hearing I quoted last time and the way its witnesses say that they had read and re-read the missing documents when they existed (quite recently), he argues that probably anyone who had charters got them read out to audiences every now and then so that they would be remembered.3

The volumes of Calaixs 6 & 9 of the Arxiu Episcopal de Vic

I don’t have a picture of the actual document so that you can read it, alas, but it is physically within one of these volumes

Now this obviously makes sense in some ways: it would explain the level of recall that Bowman finds implausible, and certainly this is not the only place where witnesses say such a thing, though the usual phrase is less literate, “we saw with our eyes and heard with our ears”. And there is, as you may just recall, one case where this process is actually documented, at the cathedral of Vic in the year 898. There, one Boso himself took an oath as to the content of several charters he’d lost involving land sold him by two couples, Ermoarí and Farelda and Domènec and Guisilda, and then got five witnesses to testify under oath that they had seen this done. And so they duly say:

“We the above-written witnesses know, and well recall in truth, and saw with our eyes and our ears heard, or we were also present at that hour while those two people, by name the late Domènec and his wife Guisilda and Ermoarí and his wife Farelda, were in the county of Osona, in the term of Taradell, in the hamlet of Gaudilà. And thus made the late Domènec a little charter or sale to the man by the name of Boso, of all his heredity which he had in the county of Osona within the limits of the castle of Taradell or in the hamlet of Gaudilà, and Ermoarí with his wife Farelda sold all their lands or a house, all their heredity in Gaudilà’s hamlet to that same Boso. And we witnesses saw the selfsame documents confirmed and impressed with the sign of the man by the name of Domènec and his wife…”

… and it goes on into what I tend to call non-exclusion clauses, in which every sort of property that the estates concerned might have included is named so that nothing can be claimed as omitted.4 But what’s interesting here is where it goes next, which is to what happened to the documents:

“And we witnesses were signatories making marks in the little charter of Ermoarí, and there was recorded there the notary Joan the priest. We witnesses saw the selfsame documents confirmed and corroborated and impressed with the sign of the sellers, Domènec and his wife and of Ermoarí and his wife, and of the audience and of the chancellor just as is inserted above. And we saw the selfsame documents handed over into the power of that same Boso and I the already-said Domènec and his wife and Ermoarí and his wife handed them over of their own spontaneous will into the power of the selfsame Boso. And we witnesses saw and heard the selfsame documents read and re-read one and another and a third time in the hamlet of Gaudilà. And that same Boso had the selfsame lost documents, and it was evident.”

What Salrach of course picks up on is the reference to a repeated reading. Again this makes perfect sense as a way that things could have been done, and as I’ve said elsewhere it’s a real pity that we can’t trust it…5 The reason that we can’t is the notary and the chancellor; these are the only documents in the whole of Carolingian Catalonia as far as I know, and certainly in this county, that mention such officers. Obviously the documents had a scribe, but neither of these is likely to be a title they used. That means that the scribe of these documents, a priest by the name of Ademir, had another model in use from somewhere, and that no procedural detail included in these documents can be proven to come from life rather than the model. And this is the only text we have that mentions this re-reading on site…

Cathedral of Sant Pere de vic seen from the Riu Gurri

The cathedral of Sant Pere de Vic, from the Riu Gurri, where with a rather different and presumably smaller building on site this all took place. By Enfo (Own work) [CC-BY-SA-3.0], via Wikimedia Commons.

Of course this doesn’t take away Salrach’s point. If the recall (which sometimes goes well beyond the likely: we have the name of one of the Muslim governors operating in Catalonia before the Muslim conquest from one of the Cuixà document replacements, whose forty-year-old original had apparently recorded a century of tenure history!6) is to be accepted, it needs explaining; here is a perfectly good explanation, even if it probably isn’t what actually happened here. So when would this hypothetical reading have taken place? There is a contention made by people who work on monastic cartularies that these, functioning as memorials of donors, would have been read out on solemn occasions in the monastery, such as particular feast days, and the same could just about be true of secular churches, if they picked a day when a good crowd would be there.7 But should we imagine similar opportunities being taken in the lay world? There would be no fixed points of the calendar outwith the liturgy for the lay population, so the occasion would have to be generated, either by the agricultural year or by one-off events, which it seems odd to picture being co-opted for this purpose. Everyone’s here for the wedding or whatever, let’s quickly get the charters out and run through ‘em? And who could run through formulaic Latin documents for such an audience anyway? There is, most likely, an evidentially silent practice of public land-speaking here that these procedures imply, but do not prove. The case is not made by Salrach, but it seems to me that the combination of these various cases does make it stronger. I would have liked more from him on this!

1. J. M. Salrach, Justícia i poder a Catalunya abans de l’any mil, Referències 55 (Vic 2013).

2. Jeffrey Bowman, Shifting Landmarks: property, proof and dispute in Catalonia around the year 1000 (Ithaca 2004), pp. 151-161.

3. Salrach, Justícia i poder, p. 195, referring to Pierre Ponsich (ed.), Catalunya Carolíngia VI: els comtats de Rosselló, Conflent, Vallespir i Fenollet, rev. Ramon Ordeig i Mata, Memòries de la Secció històrico-arqueològica LXX (Barcelona 2006), 2 vols, doc. no. 121.

4. The two documents from the hearing are edited as Ramon Ordeig i Mata (ed.), Catalunya Carolíngia: els comtats d’Osona i Manresa, Memòries de la Secció Històrico-Arqueològica LIII (Barcelona 1999), 3 vols, doc. nos 33 & 34, the latter here quoted in my translation. The cataloguic property listings are discussed by Michel Zimmermann, Écrire et lire en Catalogne (IXe-XIIe siècle), Bibliothèque de la Casa de Velázquez 23 (Madrid 2003), 2 vols, I pp. 208-217.

5. J. Jarrett, “Pathways of Power in late-Carolingian Catalonia”, unpublished Ph. D. thesis (University of London 2005), online here, pp. 49-53.

6. Salrach, Justícia i poder, 195, without further reference, but the document is Ponsich, Catalunya Carolíngia VI, doc. no. 120, with the actual content here referred to printed as its own entry as no. 23.

7. Patrick Geary, “Entre gestion et gesta” in Olivier Guyotjeannin, Laurent Morelle & Michel Parisse (edd.), Les Cartulaires : Actes de la Table Ronde organisée par l’École Nationale des Chartes et le G. D. R. 121 du C. N. R. S. (Paris, 5-7 décembre 1991), Mémoires et Documents de l’École des Chartes 39 (Paris 1993), pp. 13-26; see also Geary, “Land, Language and Memory in Europe 700-1100″ in Transactions of the Royal Historical Society 6th Series Vol. 9 (Cambridge 1999), pp. 169-184.

Preservation not by neglect

Long-term readers will know that one of the things that concerns me in my researches is why we come to have the documents that we have. If we remember that almost all documents of the early Middle Ages that we have survive via Church archives, we have a perpetual issue about whether we have any means to get at what laymen did between themselves by way of property transfer, management and all the other things I talk about, or whether we’re stuck with the Church’s-eye view of the era. In some areas, and Catalonia is perhaps the most important of these cases, we have plenty of documents which are solely lay transactions but still surviving via a Church archive, so the problem is less bad but we could still use knowing who selected the documentation and what else there might have been out there.

Vic, Arxiu Capitular, Calaix 6 no. 554

A genuine lay transaction in a Church archive, Vic, Arxiu Capitular, Calaix 6 no. 554 in which Sabrosa sold some land in Folgueroles to two couples in 915 (edited as Ramon Ordeig i Mata (ed.), Catalunya Carolíngia IV: els comtats d’Osona i Manresa (Barcelona 1999), 3 vols, doc. no. 142).

Until the 1990s there was really only one answer to this anywhere, which is that property involved in those transactions must have subsequently come to the Church and the charters just never sorted; this we can suppose partly because of things like documents that were marked for weeding and never disposed of and also because of the many places where, when such an effort was made to sort the charters, it was so as to make a cartulary that removed the need for the original documents and as a result of which we no longer have them.1 This is what I have called ‘preservation by neglect’. In this formulation, if there is a cartulary there would be no originals and indeed we very rarely have both, even in Catalonia.2 But in areas like Catalonia where the survival of originals is generally high, and people have either supposed much higher production of documents and what Julia Smith has called ‘document-mindedness’ or else much lower losses here than elsewhere, depending on their views of early medieval literacy, it has been easier to form other opinions, such as that somehow Church archives came to preserve dossiers of lay documents that people had initially maintained outside the Church, or that churches and monasteries were actually fulfilling a rôle as archival institutions for their patrons.3 Last year this line of thought culminated in the volume that finally came out of the Lay Archives project, which has added a lot of complexities to the modalities of this but more or less concludes that, yes, people did keep documents at home and all these things could probably have happened to such documents eventually if they happen to have survived.4

Cover of Warren Brown, Marios Costambeys, Matthew Innes & Adam Kosto (edd.), Documentary Culture and the Laity in the Early Middle Ages (Cambridge 2013)

Cover of Warren Brown, Marios Costambeys, Matthew Innes & Adam Kosto (edd.), Documentary Culture and the Laity in the Early Middle Ages (Cambridge 2013)

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)

Oblivious to all this as far as can be told (and obviously of the last given the timing), in Catalonia last year Josep María Salrach published a book I’ve now mentioned quite a lot and, as I said in my review of it, he happens all the same to mention things that bear directly on a number of heated debates in the historiography outside Catalonia, of which this is one. Something that we generally lack in this question is any evidence of charters that existed already actually coming to the archive of a church. It can sometimes be deduced that this must have happened, but it’s never usually explicit. But Salrach has a case of it, which he throws in while discussing something slightly different, the process in early medieval Catalonia for replacing lost documents.5 The date is 29th January 879, the place is Sant Esteve d’Estoer in Conflent and the occasion is a large hearing convened by the monks of Sant Andreu d’Eixalada as had been till the previous year, when a devastating flood of the Riu Tet washed their new community away along with its archive.6

Saint-Michel de Cuxa

Saint-Michel de Cuxa, as it now is. By Babsy (Own work) [GFDL or CC-BY-3.0], via Wikimedia Commons.

On their way to re-establishing themselves as Sant Miquel de Cuixà, with what was obviously considerable success, they held a large number of hearings in which they invoked the bit of the Visigothic Law known now as reparatio scripturae, repair of a document, by which one could get a lost document replaced by bringing witnesses to its content to swear a solemn oath, whose record then became your new charter.7 At this one, the monks produced their witnesses, Ató, Guisind, Sió, Quixilà, Espanla, Guisad and Llop, and the first thing to which they swore was a donation by Count Miró I of Conflent and Rosselló, of whom we heard last post but one. What they were recorded as saying is as follows:

“We swear first of all by God, the Omnipotent Father, and by Jesus Christ, His Son, and the Holy Spirit, who is in Trinity the One True God, or also by the relics of Saint Stephen, martyr of Christ, whose basilica is known to be founded in the villa of Estoer, on whose sacrosanct altar we placed these conditions with our hands or touched them together while swearing, that we the already-said witnesses known and well recall in truth, saw with our eyes and heard with our ears and were present in the villa of Escaró when Count Miró commended his documents of purchase and royal precept to Abbot Baró and the monk Protasi, and we saw the selfsame documents reading and re-reading and we know the whole series of those documents.”

And they went on to give abstracts of four charters, usually including the scribes’ name and always the date, and all were in favour not of the monastery but of the count.8 One of them was in fact a transaction in which the monastery-as-was had sold the property in question to him!9 (Another was a court case which his representative Sesnan, whom we met last post but one, actually won.10) Nonetheless, it was Abbot Baró and Protasi who had called for the ceremony and provided the witnesses, and the count was not present, the hearing unusually being chaired only by a group of seven judges.

Saint-Étienne d'Estoher

The modern state of Sant Esteve de’Estoer, now better known as Saint-Étienne d’Estoher, where the hearing was being held

So what do we have here? There’s no clue that any of these properties then went to Eixalada in the five-or-less years since they had been recorded there, nor is that what the document they came away from this hearing with claimed. It looks awfully as if Miró had in fact been using the monastery as an archive and they then felt obligated to replace his lost documents as well as their own. But can there only have been four? Well, probably not because apart from anything else they did not recall and replace the royal precept that they initially mention (which indeed, if they were genuinely reading the texts, may have been beyond them given its chancery script), so there could be several more documents than are actually recalled here.11 That’s a pretty meagre archive all the same, even less than we might have expected. But at least we know why we would have it, if of course it had only survived…

1. Simon D. Keynes, “Royal government and the written word in late Anglo-Saxon England” in Rosamond McKitterick (ed.), The Uses of Literacy in Early Mediaeval Europe (Cambridge 1990), pp. 226-257; Patrick J. Geary, Phantoms of Remembrance: remembering and forgetting in the tenth and eleventh centuries (Princeton 1994).

2. Barcelona, Urgell and Vic cathedrals all have Libri of some status in which some of their documents were copied as well as sheafs of originals, but Girona cathedral and several monasteries (Poblet springs to mind) only have cartularies and some places have lost even those (Elna most obviously).

3. Janet L. Nelson, “Dispute Settlement in Carolingian West Francia” in Wendy Davies & Paul Fouracre (edd.), The Settlement of Disputes in Early Medieval Europe (Cambridge 1986), pp. 46-63 at pp. 53-55, Adam J. Kosto, “Laymen, Clerics and Documentary Practices in the Early Middle Ages: the example of Catalonia” in Speculum Vol. 80 (Cambridge MA 2005), pp. 44-74 and Matthew Innes, “Practices of Property in the Carolingian Empire” in Jennifer R. Davies & Michael McCormick (edd.), The Long Morning of Early Medieval Europe: new directions in early medieval studies (Aldershot 2008), pp. 247-266, for lay dossiers; Warren Brown, “When documents are destroyed or lost: lay people and archives in the early Middle Ages” in Early Medieval Europe Vol. 11 (Oxford 2002), pp. 337-366 at pp. 351-354 for the alternative.

4. Idem, Marios Costambeys, Innes & Kosto (edd.), Documentary Culture and the Laity in the Early Middle Ages (Cambridge 2013); here see esp. eidem, “Conclusion”, pp. 363-376.

5. Salrach, Justícia i poder a Catalunya abans de l’any mil, Referències 55 (Vic 2013), here pp. 194-198.

6. Jeffrey Bowman, Shifting Landmarks: property, proof and dispute in Catalonia around the year 1000 (Ithaca 2004), pp. 152-156; for more detail see Ramon d’Abadal i de Vinyals, “Com neix i creix un gran monestir pirinenc abans de l’any mil: Eixalada-Cuixà” in Analecta Montserratensia Vol. 8 (Montserrat 1955), pp. 125-337, repr. in idem, Dels Visigots als Catalans, ed. Jaume Sobrequés i Callicó, Estudis i Documents XIII & XIV (Barcelona 1969, repr. 1974 & 1989), 2 vols, I pp. 377-484 without documentary appendix.

7. The classic discussion is José Rius Serra, “Reparatio Scriptura” in Anuario de Historia del Derecho Español Vol. 5 (Madrid 1928), pp. 246-253; cf. Bowman, Shifting Landmarks, pp. 151-161, who is sceptical about its possible accuracy.

8. Pierre Ponsich (ed.), Catalunya Carolíngia VI: els comtats de Rosselló, Conflent, Vallespir i Fenollet, rev. Ramon Ordeig i Mata, Memòries de la Secció històrico-arqueològica LXX (Barcelona 2006), 2 vols, doc. no. 121, with the quoted documents indexed separately as nos 82, 84, 86 & 100, here 121: “Iuramus in primis per Deum, patrem omnipotentem, et per Iesum Christum, filium eius, Sanctumque Spiritum, qui est in trinitate unus et verus Deus, sive et per reliquias sancti Stephani, martyris Christi, cuius baselica in villa Astovere fundata esse dinoscitur, supra cuius sacrosancto altare has conditiones manibus nostris continemus vel iurando contangimus, quia nos iamdicti testes scimus et bene in veritate sapemus, oculis nostris vidimus et aures audivimus, et presentes eramus in villa Ascarone cuando comendabat Miro comes ad barone abbate et Protasio monacho suas scripturas emptionis et preceptum regalem, et vidimus ipsas scripturas legentes et relegentes, et cognovimus omnem seriem illarum scripturam.”

9. Ibid. no. 82.

10. Ibid. no. 86.

11. It might, admittedly, be because actually the other documents survived; Ramon d’Abadal i de Vinyals (ed.), Catalunya Carolíngia I: els diplomes carolingis a Catalunya, Memòries de la Secció històrico-arqueològica 2 & 3 or 75 (Barcelona 1926-1952, repr. 2009), I pp. 80-88, thought that the precept must be that that survived into the seventeenth century to be copied and thence edited by him as ibid. Cuixà I, but that text doesn’t mention Miró at all and it’s not clear why he should ever have held it. I think the precept mentioned here was probably Miró’s own.

From the Sources X: the most interesting document in the judicial administration of Carolingian Catalonia

Such is the claim that Josep María Salrach makes of the document below, and Senyor Professor Salrach does not say such things without basis so I thought I could do no better than put it before you!1 The matter is a hearing of 25th March 874, held before Count Miró I of Conflent, brother of Guifré the Hairy, though this is before either of them hit the sovereign big-time with their appointment to more counties in 878. Instead, what we have here is the working of a just-still-Carolingian judicial apparatus, and it goes like this.2

“In the court of Count Miró and the judges who were ordered to hear, determine and rightly judge the cases, that is, Langovard, Bera, Odolpall, Dodó, Esteve, Fulgenci and Guintioc, judges, on in the presence of many other worthy men, the priest Kandià, Rautfred, Cesari, Goltred, Mauregat, Sentred, Ennegó, Sesgut, Daneu, Llop, the Saió Enelari, everyone who was seated in that court, there came a man, Sesnan by name, the representative of Count Miró, and he said: ‘Hear me, how that same Llorenç, that he ought to be a fiscal slave from the descent of his parents and grandparents, with his brothers and kinsmen, and they did service to the lord Count Sunifred, father of my lord by voice of whom my lord ordered me his representative to enquire.’
“Then the abovesaid judges said to Llorenç, who was summoned on behalf of himself and his kinsmen: ‘What do you answer to this?’ And he said in response: ‘I ought not to be a fiscal slave, and neither should my kinsmen, by descent from our grandfathers or grandmothers in the paternal or maternal lines, since I and my kinsmen, just as it says in the Law of the Goths, for 30 or fifty years have stayed in the houses in which we who are present among you were born without any blandishment or servile yoke, in the villa of Canavelles, with no count or judge summoning us.’

Archives Départementales du Bas-Rhin, 151 J 50, fo. 1r., a fragment of the Visigothic Law

Here is a completely non-Catalan copy of the Law, a fragment from Lorsch now in Straßburg, but it is at least ninth-century and secondly dealing with enslavement (V.4.x), so that’s not bad is it? For full reference to the text see n. 4 below. The MS is Archives Départementales du Bas-Rhin, 151 J 50, fo. 1r.

“We the judges indeed said to the representative Sesnan: ‘Can you present witnesses or documents or any index of truth by which you may prove that this same Llorenç, his brothers or his kinsmen ought to be fiscal slaves to your lord, and that they have been subjected to service within those legitimate years that the response mentioned?’ And he said: ‘I have no other proof than that I found in an inventory of my lord that his father assigned to him the woman Ludínia who was related to this kindred whom I prosecute.’
“We the judges indeed said to Llorenç: ‘How did that same Ludínia, who was your grandfather’s sister, come to be in that inventory if she was not a fiscal slave?’ And Llorenç responded: ‘I don’t know why it says that, but I do know one thing, that she was not a slave subject to service; but if servile condition isn’t carried from someone in the kindred to which I am connected to their children, then the servile condition doesn’t apply to their children.’

Madrid, Biblioteca de la Real Academia de Historia, Cod. 34, fo. 43r

And here is the exact bit of the Law that is about to be quoted, V.7.viii, from a late-ninth or early-tenth-century copy now in the Real Academia de Historia in Madrid, to which I can now link you because PARES have finally enabled stable URLs! It is Biblioteca de la Real Academia de Historia, Cod. 34, fo. 43r.

“So we searched in the Law of the Goths where it says: ‘If anyone wishes to bring a free person into slavery, let him demonstrate by what rule the slave came to him. And if a slave should claim himself to be a free person, and shows to the selfsame person proof of his freedom in the same way’, and the rest which follows.
“Wherefore we asked that same Llorenç if he might be able to produce such witnesses as the law says, that he or his kinsmen ought to answer for nothing to the fisc. He said: ‘I can’. He introduced four legitimate witnesses without any crime, that is, Guitsèn, Adaulf, Belès and Viatari, who swore by a solemn oath just as is written there. Then we the abovesaid judges said to Sesnan: ‘Can you produce more or better witnesses, or name a crime that prohibits testimony in the law, today or later?’ And that man said in his answers: ‘I can produce neither witnesses nor documents nor any index of truth whereby I may defame those same witnesses, or to subject those same persons to service neither in those same three hearings nor at any other time, today or hereafter. I thus, by the interrogation of the judges and in the presence of worthy men do recognise and quit my claim in the villa of Vernet, in the church of Sant Sadurní, and recognise that I have received the oaths which those same witnesses made truly by the order of my lord, and those things that I have done rightly and truly I do recognise and evacuate in the judgement of you or the presence of those written above.’

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

Lastly let’s just bring out that Catalan copy of the Law one more time… Abadia de Montserrat ([1]) [Public domain], via Wikimedia Commons.

“Recognition or evacuation made on the 8th Kalends of April, in the 34th year of the reign of King Charles.
“Sig+nature of Sesnan, representative of the lord count Miró for fiscal cases needing answering, who have made this recognition or evacuation and handed [it] over [to] witnesses for confirming. Miró. Guintioc. […]
“Protasi, conversus if God should be his companion, who have written this document of recognition or evacuation on both the day and year as above.”

Again, there is an awful lot here to play with. I like especially the representation of direct speech that, it becomes clear, can’t be, because they talk in formulae and refer to things that haven’t been reported, like the exact nature of Ludínia’s relationship to Sesnan. I also note that here both sides, both the state representative and the undowntrodden peasant, cite the Law of the Goths, and the judges know that the peasant’s cite is justified. As I have said, people generally do seem to have known about the thirty-year rule. I am also fascinated by the suggestion that Count Miró I had an officer whose business was the pursuit of fiscal claims, though the complex phrasing that Protasi (who was at this stage in the business of drumming up support for a monastery at Sant Andreu d’Eixalada that would not end well, and was a serious person about the public sphere) seems to have loved may be making as much of that title as it does of his own (which is, I should make clear, very hard to translate, so I may be glossing what is actually incoherence). And of course, the count has an inventory! But as we have seen before (when talking of later, but so what?) it’s not a very good inventory; the claim hadn’t been pursued for years and the only data the count had went back a generation and was inherited, rather than compiled, by the current administration. As I said a couple of posts ago, just because the Carolingian and post-Carolingian state had ambitions to systematic record doesn’t mean that they were necessarily very good at it.

Saint-Saturnin de Vernet-les-Bains

And finally the actual location of the hearing, in its modern guise, Sant Sadurní de Vernet or as you would now find it in an atlas, It seems an impressive enough place to hold court! Saint-Saturnin de Vernet-les-Bains. By Baptiste Autin (Own work (Baptiste Autin)) [GFDL, CC-BY-SA-3.0 or CC-BY-2.5], via Wikimedia Commons.

For Salrach, what is most interesting here is the back and forth about service, servitium, which seems to be what defines slavery in practical terms here.3 There are several definitions floating around the case, it seems to me: the comital claim hinges on an argument by descent, and Salrach says that the relationship is found insufficiently close because of slavery not transmitting through the maternal line so that doesn’t work. They don’t actually say that, though, even though they could have because it too is in the Law of the Goths.4 And what they looked up in the Law doesn’t seem to relate either to that or what they did next, perhaps because although both sides were trying such arguments everyone knew that the thirty-year rule probably made them irrelevant anyway. The deciding factor was whether or not Llorenç’s kinsmen did servitium to the count in that time; they had people to say they hadn’t and Sesnan had nothing but the descent claim from a woman whose presence in a list of slaves wasn’t explicable. As I say, the comital archive wasn’t up to the job it was being asked to perform here.

From all this, anyway, and several other mentions of servitium, Salrach builds up a picture of the development of the obligations of the general populace to the count, seeing it as being a form of servitium generalised to all subjects of the public power (which the Vall de Sant Joan hearing qualifies as army service and the ‘lesser royal service’) and a more specialised, demeaning one that is what was at issue here.5 I’m not sure I would go as far as he does with this but it’s about the only attempt to work out what the counts could actually demand from their subjects that’s not based essentially on a template of Carolingian government assumed still to be running, so for me it still has great value as an idea to work with. Nonetheless, he’s right that this is a very interesting document, and it’s the hints, the drama of court and the attempts by people to swing old law in their directions in various ways and with various unexpected sorts of proof that make it interesting for me as much as the big point that Salrach believes it helps make.

1. J. M. Salrach, Justícia i poder a Catalunya abans de l’any mil, Referències 55 (Vic 2013), p. 128: “Aquest és, segurament, el document més interessant dels que coneixem de l’administració de justícia a la Catalunya Carolíngia.”

2. Pierre Ponsich (ed.), Catalunya Carolíngia VI: els comtats de Rosselló, Conflent, Vallespir i Fenollet, rev. Ramon Ordeig i Mata, Memòries de la Secció històrico-arqueolòico LXX (Barcelona 2006), 2 vols, doc. no. 81: “In iuditio Mirone comite seu iudices qui iussi sunt causa audire, dirimere vel recte iudicare, id est, Langobardus, Bera, Odolpaldus, Dodo, Stephanus, Fulgentius et Guintiocus, iudicum, vel in presentia aliorum multorum bonorum hominum, Kandiani presbiteri, Rautefredi, Cesari, Gultredi, Maurecati, Sentredi, Enneconi, Siseguti, Danieli, Lupon, Enalario saione, omnes qui in ipso iuditio residebant, veniens homo nomine Sesenandus, mandatarius Mirone comite, et dixit: «Audite me cum isto Laurentio qualiter servus fiscalis debet esse ex nascendo de parentes de abios suos, cum fratres vel parentes suos, et servicium fecerent domno Suniefredo comite, genitore seniore meo, ad parte fisclai per preceptum quod precellentissimus rex Carulus fceit domno Suniefredo comite, cuius voce me mandatarium mandat inquirere senior meus».
“Tunc supradicti iudices dixerunt Laurentio, qui est inquietatus pro se et parentes suos: «Qui ad hec respondis?» Et ille in suis responsis dixit: «Non debeo esse servus fiscalis, nec parentes mei ex nascendo de bisabios vel visabias ex paterno vel ex materno, qui ego et parentes mei, sicut lex Gothorum continet, per XXXa vel quinquaginta annis in domois in qua nati sumus inter presentes instetimus absque blandimento vel iugo servitutis in villa CAnabellas, nullo comite vel iuduce nos inquietante.»
“Nos vero iudices Sesenando mandatario diximus: «Potes habere tests aut scripturas aut ullum indicium veritatisunde probare possis isto Laurentio, fratres vel parentes suosu, ut servi fiscale seniori tuo debent esse, ut infra istos legitimos annos quod responsum dedit servituti fuissent?» Et ille dixit: «Non habeo alia probatione nisi inveni in breve senioris mei quod pater suus ei dimisit femina Ludinia qui fuit parentes istius parentele quem ego persequor».
“Nos vero iudices diximus Laurentio: «Unde advenit ista femina Ludinia in isto breve, qui fuit soror abie tue si ancilla fiscalis non fuit?» Et Laurentius respondit: «Nescio quomodo hic resonat, set unum scio, quod ancilla inclinata in servitio non fuit; sed si aliunde ad filios suos conditio servilis non avenit, de parentes quod mihi coniuncta est, non pertinent ad filios suos servilis conditio».
Nos autem perquisimus in lege Gotorum ubi dicunt: «Si quis ingenuum ad servitium addicere voluerit, ipse doceat quo ordine ei servus advenerit. Et si servus ingenuum se esse dixerit, et ipsi simili modo ingenuitatis sue firmam ostendant probationem», et cetera que secuntur.
“Proinde diximus adisto Laurentio si potuisset tales habere testes sicut lex continet ut nullum ex fisco persolvere debeat ille aut parentes sui. Ille dixit: «Possum». Introduxit legitimos quattuor testes absque ullo crimine, id est, Guitesindo, Ataulfo, Beles et Biatarius, qui iuraverunt a serie conditione sicut ibidem insertum est. Tunc nos supradicti iudices Sesennando diximus: «Potes alios habere testes ampliores aut meliores, aut crimen quod in lege vetitum est testificandi dicere hodie aut postmodum?» Et ille in suis responsis dixit: «Non possum habere testes nec scripturas nec ullum indicium veritatis unde istos testes diffamiare possim, aut istos ad servitium inclinare neque isto trinos placitos nec ulloque tempore et hodie et deinceps. Sic me recognosco vel exvacuo ab interrogatione udiucm et presentia bonorum hominum in villa Verneto, in ecclesia Sancti Saturnini, et ut sacramenta fecerunt isti testes veraciter recepi per iussionem senioris mei, et ea qui feci recete et veraciter me recognosco vel excvacuo in vestrorum iuditio vel suprascriptorum presentia».
“Facta recognitione vel exvacuatione sub die VIII kalendas aprili, anno XXXIIII regnante Karolo rege.
“Sig+num Sesenandi, mandatario domno Mirone comite ad causas fiscalis requirendas, qui hanc recognitione vel exvacuatione feci et testes tradidi ad roborandum. Miro. Guintiocus. […]
“Protasius, si Deus comes fuerit, conversus, qui hanc scriptura recognitionis vel exvacuationis iussus scripsi et die et annon quo supra.”

3. Salrach, Justícia i poder, pp. 126-134; see my very brief discussion in 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.

4. Karl Zeumer (ed.), Leges Visigothorum, Monumenta Germaniae Historica (Leges Nationum Germanicum) I (Hannover 1902, repr. 2005), transl. S. P. Scott as The Visigothic Code (Boston 1922), online here, II.2.iii, which also invokes the thirty-year rule for getting out of such an inheritance if a slave happened to have one.

5. Salrach also attacks this question with different cases, including the Vall de Sant Joan hearing, in Justícia i poder, pp. 87-90, 110-112 & 242-243 (conclusions).

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.