Category Archives: Charters

In Marca Hispanica XXXII: my questions answered

Entrance to the Arxiu i Biblioteca de Vic

The entrance to the Arxiu Capitular i Biblioteca de Vic

Resuming the recounting of my last trip to Catalonia, we left the story at the amazing Santa Maria del Mar in Barcelona but finished that day back in Vic, where we had an excellent dinner at la Creperia and then the next day fell to something alarmingly like work. Admittedly, that work started with a visit to the Museu Episcopal de Vic, because you have to, but they don’t like photography and more and more of their collections are online now, even if still not the bits I would like most. But after that, while my companion went a-touristing, I went to an archive like a real historian. This was something of a flying visit, made more effective as ever by the tremendous help of Dr Rafel Ginebra and the great knowledge of Monsignor Miquel dels Sants Gros i Pujol, exemplary archivists if ever such there were. But I had come in with a hit-list of charters intended to answer certain questions, and apart from a very few that were away for conservation, I came out with all the answers I’d wanted. And since some of the relevant questions are ones I’ve raised here, I may as well tell you the answers!

Arxiu Capitular de Vic, calaix 6, núm. 547

Arxiu Capitular de Vic, calaix 6, núm. 547

For example, I have many times used this document in my work, because it recounts a meeting at Taradell in which two charters were replaced after having been lost, and it does so in terms that sound utterly realistic but actually must derive from a written model.1 (Joan, if you’re reading, this is our testimony for the Vilar de Gaudila…) I’ve written about it so much that it was clear I would at some point need to illustrate it, so this was me making sure I could. But there are two documents deriving from that meeting, and I had always wondered what the relationship between them was. It turns out it’s physical; they’re both written on the same parchment, as you see, and if you click through to a slightly bigger version you’ll see that several of the same witnesses signed both bits autograph. There’s more questions this raises about how the ceremony actually went, but now I have all the evidence there is with which to answer them.

Arxiu Capitular de Vic, calaix 6, núm. 649

Arxiu Capitular de Vic, calaix 6, núm. 649

Most of what I was doing, however, was hunting scribes. For example, I have become interested in a particular scribe called Joan who wrote charters for Bishop Guisad II of Urgell but only in various areas of Osona, and doesn’t seem to have been linked to the cathedral which actually covered that county, Vic, although it’s there where his documents largely survive.2 Obviously one question that therefore arises is whether all the documents are by the same Joan. Well, there’s one above…3

Arxiu Capitular de Vic, calaix 6, núm. 2097

Arxiu Capitular de Vic, calaix 6, núm. 2097

… and here’s another and immediately, you see that the simple answer is the correct one; although I did find others by this guy, there is at least one other, the scribe of the above, and one of my new tasks is therefore to go through the list and group the charters according to what I can now see of who is writing them.4 But wait: there is something even more interesting here. Do you remember when I was working through the excellent book of Benoît-Michel Tock about signatures in charters that he had cases where signatures might have been made on and then actually cut off from the formal version of the charter that went into the archive.5 Well, look along that lower margin above there and tell me that isn’t what’s happened here; that mark is the top of someone else’s ruche, isn’t it? We’ll never know whose but it’s educational just to know it could happen.

Arxiu Episcopal de Vic, calaix VIII, núm. 135

Arxiu Episcopal de Vic, calaix VIII, núm. 135

Likewise with scribe-hunting: do you remember me writing about a scribe named Ermemir, based at Santa Eulàlia de Riuprimer, who seemed to have been keeping the charters he wrote in his own church? Here’s one of them.6

Arxiu Capitular de Vic, calaix 6, núm. 1302

Arxiu Capitular de Vic, calaix 6, núm. 1302

This, on the other hand, is pretty clearly by a different Ermemir, who actually turns up in a small group of his own.7 Now I can separate the two (or, as it may be, more).

Arxiu Capitular de Vic, calaix 6, núm. 1300

Arxiu Capitular de Vic, calaix 6, núm. 1300

Arxiu Capitular de Vic, calaix 6, núm. 1300, verso

Arxiu Capitular de Vic, calaix 6, núm. 1300, verso

This is the Riuprimer guy again, but this one has its own interest, because you will observe if you look closely that the actual charter text, the paler ink, sat a few centimetres clear of the left-hand margin. Accordingly, someone very short of parchment later wrote an inventory in the margin (the darker ink). This runs onto the reverse, as well. The edition gives one only the tiniest hint of this; Ordeig just says, “Al marge esquerre i al dors hi ha escrits uns capbreus (s. XI)”.8 I’m sure he’s gone on to edit in its proper place in the eleventh-century series but I don’t have access to that, so can’t answer questions like whether this is the same lands that are being inventoried, and whether this therefore counts as a sort of update, or if this was just random parchment reuse.9 Well, now, in theory I can, if I can only read it. And having a high-resolution photograph makes that a lot easier! Now, one last one.

Arxiu Capitular de Vic, calaix 6, núm. 973

Arxiu Capitular de Vic, calaix 6, núm. 973

You will probably remember my long long series of posts arguing with Michel Zimmermann, and you may remember that a certain trend in his scholarship emerged as a theme in these posts to the extent that I was very surprised to find him writing towards the end of his massive work about an eleventh-century female scribe, called Alba ‘femina’.10 Unfortunately, I had my doubts about whether that scribe was really writing the charter, because there was clearly another one on the same parchment by a very similar-looking hand. Well, now I have seen the parchment, and the other hand is not in fact the same. You have to look very carefully, they are very similar, but they form their loops differently and, perhaps most clearly, the capital N in their signatures is differently constructed. She may have learnt from him, may even have been working wth him and that be why they wound up writing documents on the same parchment, but I’m now fairly sure she did do her own writing, or at least that he did not do hers. And this is the kind of question you can only answer when you can see the original, or at least get a decent picture of it. So my thanks go again to the Arxiu i Biblioteca de Vic, to Rafel Ginebra and to Miquel dels Sants; I will be back when I have more questions!

1. My writing for now at Jonathan Jarrett, “Pathways of Power in late-Carolingian Catalonia”, unpublished Ph. D. thesis (University of London 2005), online here, pp. 49-53, though actual publication of these thoughts is even now under review. The charters are most recently 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.

2. Although as this post makes clear they are not all by the same scribe, if you only have the edition ibid. doc. nos. 668, 670, 674, 675, 837, 840, 849, 863, 896, 899 & 1499 are all contendors for his authorship.

3. Printed as ibid. doc. no. 674.

4. This one printed as ibid. doc. no. 840.

5. B.-M. Tock, Scribes, souscripteurs et témoins dans les actes privés en France (VIIe – début XIIe siècle, Atelier de Recherches sur les Textes Médiévaux 9 (Turnhout 2006), pp. 392-397.

6. Printed as Ordeig, Catalunya Carolíngia IV, doc. no. 1792.

7. This one is too late for the Catalunya Carolíngia; it must be printed in Ramon Ordeig i Mata (ed.), Diplomatari del Catedral de Vic (segle XI) (Vic 2000-2010), 6 fascicules, but nowhere in Britain has more than the first two volumes of that and I’d have to be in London, Oxford or Cambridge even for those.

8. Ordeig, Catalunya Carolíngia IV, III p. 1292 (doc. no. 1822).

9. Again, this must be edited in Ordeig, Diplomatari de la Catedral de Vic (segle XI), but this one won’t even be in one of the sections that is in the country. I am looking into buying a copy…

10. Michel Zimmermann, Écrire et lire en Catalogne (IXe-XIIIe siècles), Bibliothèque de la Casa de Velázquez 23 (Madrid 2003), 2 vols, II p. 1250, fig. 4.

From the Sources XII: successful crime and vicarious enforcement

Just when you thought it was safe to assume this blog would all be science, numismatics and seminar reports for the foreseeable future, let me surprise you all with something from that corner of tenth-century Europe on which I actually work, or on this occasion actually just about eleventh-century Europe, to wit the year 1003, from which while researching the book I mentioned a while ago (and which, I have to confess, has advanced not at all since then what with endless teaching prep) I found an interesting trial, in the manner of the best scholarship on the area just now. It looks like this!

Barcelona, Biblioteca de Catalunya, pergamins 2079, recto

Barcelona, Biblioteca de Catalunya, pergamins 2079, recto

Now, you can probably see that this is a charter which has suffered somewhat, from damp where it’s been folded, from moth or mouse in several places and from the outright loss of its left-hand lower corner, and therefore the scribal signature, but quite enough remains to identify it as an act of the man I have previously called Ervigi Marc the Wonder Judge, and thanks to the good efforts of Pere Puig i Ustrell I don’t have to try and work out what it says, because I spent part of yesterday in the IHR transcribing his edition of it.1 That is why this has taken a few days to appear, but also means that I can now also offer you this translation:

“Let it fall upon the ears of all the faithful that I, in the name of God Bishop Marc, also judge, came into the county of Manresa in the Vall de Nèspola and heard the petition by which the judge Borrell summoned Olibà, who was the surety of Delà, so that he might present himself in his court and settle everything according to the laws, and he did not want to and in no way did he come there. And afterwards he went into the mountains and in no way either inclined or acquiesced to my orders. And this is the case for which he sought the aforesaid surety in the presence of Baró, Godmar, Sunyer, Baió, Adroer, another Godmar, Gondeví, Adalbert, Guadamir, Salomó, the priest Miró, Tered, Marco and a great many other, namely that Delà proclaimed that the alod of Sant Llorenç was his own free property, that of which Sant Llorenç had had 30 years’ possession in their own right through a charter that the late Count Borrell made to the aforesaid house of Sant Llorenç. And the same Delà has himself worked it for 30 years for the house of Sant Llorenç and given taschas and labour services and special offerings, just as the other men of the selfsame alod hold, give and perform. And the officers of Sant Llorenç distrained him for his excess just like the others of his sort. And afterwards he got away and broke from the power of Sant Llorenç and he set another lord up there and made to attack Borrell the aforesaid officer of Sant Llorenç and managed to kill his mule. On this account was the aforesaid surety laid open.
“Wherefore I in the name of God Marc do consign and hand over the aforesaid alod into the power and lordship of Sant Llorenç and I order the aforesaid surety to compound with another such alod of his own, and all the movable property which be possible to find are to be handed over into the power of the aforesaid Borrell on account of his mule which he should have compounded to him fourfold, for that which the selfsame… and on account of what the late Count Borrell laid down in that same document, who should wish to interfere let compound twofold.
“Therefore I the abovewritten Marc, as I knew this authority to have been heard by him… that the aforesaid Delà gave taschas, and that he made another lord which he was not permitted to do, therefore I have consigned and I do consign, have handed over and do hand over the aforesaid alod into the power and authority of Sant Llorenç, as has been said. And all the movable property into the power of the aforesaid Borrell.
“The recognition and consignment or handover and removal from lordship done on the 2nd Ides of October, […] reign of King Robert.
“Sig+ned Olibà, who made this extraction and consignment and confirmed and asked for it to be confirmed. Sig+ned Baró. Sig+ned Baió. Sig+ned Adroer. […] Sig+ned Guadamir. These same men were witnesses and present in a solemn capacity. Ma+rk of Gondeví. Ma+rk of Adalbert. Ma+rk of Salomó. Ma+rk of Marco. Ma+rk of, again, another Godmar.
“[…]gi, by the grace of God Bishop, also known as Marco, also judge.
“[…] priest and he wrote with scratched-out letters in the third line where it says ‘supra’, SSS, the above-set day and year.”

There’s lots of little cool things about this for the charter geek with which I probably shouldn’t bore you. I will, though, obviously. Had you noticed that the solemn witnesses all sign in the nominative, which I’ve rendered ‘signed X’, whereas the witnesses of the current ceremony sign in the genitive, so, ‘mark of X’? I’ve never seen that so clearly separated before and at first I thought that it was probably something to do with the fact that the second set of signatures are in darker ink. On inspection, though, you can see that actually the ink is darker all the way down the old fold, and the hand looks the same to me so I think that’s just coincidence in the form of moisture damage. Then I note the kind of half-quote of Borrell’s charter by Ervigi Marc, which he had clearly seen, and that needn’t surprise us since not only was at least one of its witnesses present, it also still exists and therefore so can we (below).2 Lastly, also, I feel it’s worth mentioning that although Ervigi was, apparently, a bishop, he wasn’t actually bishop of anywhere: we know who all the bishops of the Catalan sees were at this time. The Church or the count of Barcelona (at this time Ramon Borrell, who did in one charter call himself ‘inspector of bishops’) seem to have decided that Ervigi was just that great and promoted him to bishop without portfolio.3

Barcelona, Biblioteca de Catalunya, pergamins 3766

Borrell’s original grant of the property, Barcelona, Biblioteca de Catalunya, pergamins 3766

More obviously, though, this being just over the line of the year 1000 has escaped Josep María Salrach’s recent excellent book but suddenly exposes to us a judicial mechanism well known from elsewhere in Spain, if not very common, but possibly not previously attested in Catalonia, the surety.4 In case it’s not clear how this worked I’ll break down the narrative of the case in the way I usually do; it’s not actually quite obvious until one does and several important bits are skipped over in the actual text.

  1. We begin, of course, with Count Borrell, who in 973 as we know from the previous charter gave an estate in the Vall de Nèspola to the monastery of Sant Llorenç del Munt, in Terrassa, as part of a general bolstering of monastic commitments to putting the frontier to work with which we’ve seen him busy before. The monastery then put in charge of it this man Delà, who rendered labour services and an annual levy of produce to them that signified their lordshp over him as well as constituting monastery revenue.
  2. Subsequently and presumably much more recently as of 1003, the monastery decided that Delà and a number of their other farm managers were being ‘excessive’ in some way and removed him, indeed, arrested him, presumably with intent to hold him responsible for whatever losses he’d caused them. It must have been at this point that Delà was made to name a surety for his actions, Olibà, a man who would have to make good if Delà failed to. The idea of this is that social obligation of the kind that the surety can exercise is strong enough that rather than offend his supporter in court the guilty party will pay up. As we can see here, this doesn’t always work.
  3. Because, indeed, Delà escaped the monastery’s custody! Neither did he stop there: recognising that his previous bridges were now burnt, he handed the estate and his loyalty over to another lord, which as Ervigi says “he was not permitted to do”, though you’ll note that the lord is never named here and so was presumably someone too well-placed for the monastery to embarrass and also apparently sufficient to keep Delà out of the grip of justice, unfortunately for Olibà…
  4. Sant Llorenç now got one of their enforcers, the judge Borrell, who was a patron of theirs, out onto the case and he must have got close to Delà because Delà apparently attacked him, and managed to kill his mule, which you know, suggests quite a serious assault as well as telling us that Borrell was not quite horse-riding levels of gentry.
  5. So at that point the somewhat ineffective wheels of justice really began to spin, and Borrell called in the surety Olibà to do what he was supposed to do, which Borrell seems to have decided included paying for the mule fourfold. Olibà, however, not liking the look of things and presumably actually having no more suasion over Delà than anyone else, legged it to the mountains and defied both Borrell’s summons and that which Ervigi, called in from Barcelona with extra authority (not least because as bishop, presumably he could excommunicate) then sent next.
  6. Somehow, however, Olibà got caught, because here after all he is being made to sign this document which no-one could classify, though I say that but it’s obviously the scribal hand still. Anyway, that is the point at which all this angry procedure is rolled out against him, Ervigi repeatedly states (as if Olibà could do anything about it!) that the estate should go back to Sant Llorenç and Olibà was actually made to fulfil a charter’s sanction, paying double the amount that someone had tried to steal from the monastery, and also all the movable property in that estate to make up for the missed payments on the mule. And there the matter rested, which is to say not so much that we don’t know if Olibà actually paid up but that I didn’t think to look onwards in the charter edition while I was still in the IHR, sorry, I’m a bad researcher.

There’s lots to think about here, though. In the first place, while he may indeed have been excessive, one can see why Delà and then Olibà tried to run for it or get powerful help; what chance did they have in the court, if it was going to be run by Sant Llorenç’s tame judge? Delà, in particular, was obviously what we once called a desperate man, and was at the point of trial presumably still with his new lord safe from justice. That may then explain why Sant Llorenç actually insisted on the penalty clause in their charter being enacted; they weren’t going to get control of their estate back, so could only grab at Olibà’s instead. One does wonder how much choice Olibà had about being Delà’s surety… As I have many times before observed, it’s tough to be up against The Man in first-millennial Catalonia.

Old monastic buildings of Sant Llorenç del Munt

And in this instance The Man’s House looks like this, though probably didn’t yet in 1003, lots of this being twelfth-century. It’s still pretty imposing though, and must have been then too. I’m not sure whether it would comfort Delà and Olibà to know that it is now “the highest restaurant in the Vallès“. «Sant Llorenç del Munt 2» per MikiponsTreball propi. Disponible sota la llicència CC BY-SA 3.0 via Wikimedia Commons.

The trouble with only having one of these cases is that one doesn’t know if it’s something new. You’ll notice that this is not a system of reparation that the charter penalty implies: it should have been the infringer who paid up according to that, with the original and the same again. Neither, as far as I remember, is there any provision for sureties in the Visigothic Law, which duly never gets cited by this famously learned judge. And the fact of the violent self-defence, the adoption of non-legal means of enforcement, the apparent irreducibility of the fugitive criminal and the implication of an untouchable lord keeping him safe could all easily be used as evidence for a so-called ‘feudal anarchy’, were it not about thirty years early for that here by most accepted schemes.5 But we are, remember, on the frontier here, and close to the mountains to boot, and as I have said in many a call for papers and research proposal, that gives people choices they don’t have elsewhere, places to run where The Man actually can’t yet follow you and alternative lords who are comsiderably more alternative than just the count’s cousins in Berguedà (or wherever the mountains that failed to hide Olibà were).

View of the Serra de l'Obac, Barcelona, from Wikimedia Commons

The Serra de l’Obac, which lies between Terrassa and la Nèspola, is an obvious candidate where it is, you know, possible to imagine there being some good hiding-places… By Fugi-bis (Own work) [CC BY-SA 3.0], via Wikimedia Commons

OK, that’s obviously my favourite point but there are others, which make the monastery look even muddier. Note first of all the chronology. Borrell seems to have given Sant Llorenç this alod in 973. Here we are in 1003, therefore, thirty years later, which timespan grants the monastery unassailable legal right which is why they make sure to say that, right? Well, but hang on. Had this situation all blown up, every step there from (2) to (5) happened in the four months since the monastery crossed that line? Or had Delà rather seen that line coming and reckoned his chances of claiming thirty years’ possession were as good as his bosses’, if he made his move now? Worse, did the monastery fear that and boot him and his ‘consimiles’ out before they could claim they’d been in post that long like universities booting out their temporary staff at the four-year limit whereafter they are entitled to permanent contracts? Well, we can’t know, but one thing we can is that someone’s rights had been trodden on, because Borrell’s original grant had included life reservation to two of his followers, a priest Constabile and one Ervigi (presumably no relation?) and his children. So in 973 Sant Llorenç didn’t even own the estate, just the promise of it! Unless they just flat ignored those terms or Constabile and Ervigi and his kids almost immediately died, it’s a very special definition of thirty years that Sant Llorenç were claiming in 1003, therefore, and one that has no good implications either for their management strategies or for the truth of what they were claiming. So Delà and Olibà may have had better reason even than just the tame judge to know there was no point coming to court. The monastery wrote its own charters and it could ignore them too, with the right backers. But as Delà showed, out here that was a game that two could play.

1. P. Puig i Ustrell (ed.), El monestir de Sant Llorenç del Munt sobre Terrassa: Diplomatari dels segles X i XI, Diplomataris 8-10 (Barcelona 1995), 3 vols, doc. no. 110:
Pateant aures fideles qualiter ego in Dei nomine Marcus episcopus qui et iudex accessi in comitatu Minorisa in ualle Nespula et audiui peticionem qua Borrellus iudex apetituit Olibane, qui fuit fideiussorem de Dela, ut in placito suo se presentasset et iuxta leges omnia difinisset, et noluit et extraxit se de ipso placito et non ibi ullo modo accessi. [sic] Et postquam accessit montus et iussionibus meis nullo modo obtempeauit nec adquieuit. Et hec est causa unde apetiuit fidemiussorem supradictum in presencia Baroni, Gondemari, Suniari, Baioni, Adroari, alio Gondemari, Gondeuini, Adalberti, Guadamiri, Salomoni, Mironi sacerdoti, Teredi, Marchoni et alii quamplures, scilicet quale Dela proclamauit alaudem Sancto Laurenti suum esse proprium et franchum, quem Sanctus Laurencius xxxta annos abebat possessum iure proprio per cartam quem condam comes Borrellus fecit ad predicta domum Sancti Laurenti. Et idem ipse Dela per hos supradictos xxxta annos seruiuit illum ad predicta domum Sancti Laurenti et donauit taschas et oblias et eceptiones, sicut ceteri omines de ipsum alaudem tenent, donant et seruiunt. Et distrincxerunt eum ministri Sancti Laurenti pro suo excessu sicut alii sui consimiles. Et postea ille exuasit et disrumpit de potestate Sancti Laurenti et fecit ibi alium senioraticum et fecit assalire ministrum Sancti Laurenti supradictum Borrellum et fecit ei tollere suum mulum. Propter ea fuit apertus istum fideiussorem.
Idcirco ego in De nomine Marcus consigno et contrado predictum alaudem in potestate et dicione Sancti Laurenti et iubeo componere supradicto fideissore aliut tantum alaude de suo, et omnibus mobilibus rebus quod ibi inueni tradidi in potestate predicti Borrelli propter suum mulum quod in quadruplum ei conponere debuerat, eo quod ipse […………..], et in propter quod condam comes Borrellus instituit in isto scriptura, qui hinrumpere uoluerit componat in duplo.
Igitur ego pretextus Marcus, ut agnoui istum directum ei audii [………… quo]d predictum Delanem dedisse tascas, et quia fecit alium seniorem que non licebat ei facere, ideo consignaui et consigno, [….]tradidi ac trado predictum alaudem in potestate et di[rectum Sancti Laurent]i, ut dictum est. Et omnes mobiles res in potestate predicti Borrelli.
Facta recognicione et consignacione uel tradiccione et extradiccione II idus octuber […………… reg]nante Roberto rege.
Sig+num Oliba, qui ista extraccione et consignacione fecit et firmauit et firmare rogaui. Sig+num Barone. Sig+num Baio. Sig+num Adroario. […………….] Sig+num Guadamir. Isti testes et presenciales fuerint. Sig+num Gondeuini. Sig+num Adalberti. Sig+num Salamoni. Sig+num Marchoni. Sig+num item alium Godmar. [……………..]
[……………. Erui]gius Dei gracia episcopus cognomento Marcho qui et iudex.
[………………] sacer et scripsit cum literas fusas in uerso III ubi dicit «supra», SSS die et anno prefixo.

2. Ibid. doc. no. 89.

3. For Ervigi, see Josep M. Font i Rius, “L’escola jurídica de Barcelona” in Jesús Alturo i Perucho, Joan Bellès, Font, Yolanda García & Anscari Mund&oac;ute; (edd.), Liber iudicum popularis. Ordenat pel jutge Bonsom de Barcelona, Textos jurídics catalans 23 (Barcelona 2003), pp. 67-100 at pp. 82-87. Ramon Borrell is “inspector episcopiis dante Deo nostræ ditioni pertinentibus” in 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. CLXXII.

4. There is no mention of sureties in Josep María Salrach, Justícia i poder en Catalunya abans de l’any mil, Referències 55 (Vic 2013), which is of course the book to which I refer; see instead Wendy Davies, “On Suretyship in Tenth-Century Northern Iberia” in Julio Escalona & Andrew Reynolds (edd.), Scale and Scale Change in Early Medieval Europe, The Medieval Countryside 6 (Turnhout 2011), pp. 133-152.

5. Classically written up of course in Pierre Bonnassie, La Catalogne du milieu du Xe à la fin du XIe siècle : croissance et mutations d’une société, Publications de l’Université Toulouse-le-Mirail 23 & 29 (Toulouse 1975-1976), 2 vols, II pp. 539-574, and followed in Josep Marí Salrach i Marès, El Procés de Feudalització (segles III-XII), Història de Catalunya 2 (Barcelona 1987), pp. 291-324, and see also idem, Justícia i poder, pp. 213-234 for examples from the judicial sphere specifically. He doesn’t use this one, but he obviously could have.

What happened to Roman municipal archives: an old problem solved?

Every now and then, when I can still find the time to read, I read something really clever. One of my favourite sorts of cleverness, furthermore, is that which takes an old old historiographical problem and finds an elegant and satisfying solution to it, and this post was occasioned by me finding one. The problem is the fate of the Roman municipal archives known as the gesta municipalia and its solver is quite possibly Warren Brown.1

One obviously needs to start by explaining what the gesta were, and this is part of the problem. Where we see them most clearly, in Northern Italy in the sixth century, they seem to have been city tax registers, in which transfers of property had to be noted so that the liability to tax travelled with the owner. If you did this, you got a docket saying that you had, so that no-one could get you for tax evasion. The trouble is firstly that this process is not evidenced very much outside Northern Italy, which raises the prospect that we are seeing something either regional or else the result of Emperor Justinian’s fiddling with documentary practice, but the gesta themselves are evidenced, across quite a lot of Frankish Europe, and the further trouble is that they are almost always attested in formulae, that is, documents abstracted from once-real charters to provide models for future practice.2 This means that it’s possible reasonably to hold opinions right the way from ‘the gesta were all gone by the sixth century at the latest and the formulae are just throwbacks that people copied because they were old but which no-one actually used’ through to ‘the gesta were still going in some places in the Carolingian era’.3

Early woodcut image of Ravenna

Images for this post are really hard to find. No-one seems to have put images of any of the relevant manuscripts online and the one ancient book that has one which is on Google Books is there in a scan for which the operatuve didn’t open the gatefold, so you can only see the left margin. Consequently, here is an early woodcut image of early modern Ravenna, which is where most of the relevant documents survive, you’ll just have to imagine the documents somewhere in it, invisible…

Of late the weight of the argument seems to have fallen into ‘the Church sort of replaced the gesta as a place where you could store documents’, but on the other hand in the Lay Archives book I lauded so much when it came out (and even before I’d read it, though now that I am I’m not changing my mind) Nicholas Everett now pushes the scepticism still further out, to ‘the gesta are not some ancient practice, they were new in the fifth century and died with the tax system, which is why we only functionally see them in Italy where that survived longest’.4 He doesn’t know about my colleague Arkady Hodge’s suggestion that the gesta are attested in Cherson in the Crimea also, but Arkady’s astute observation would not actually make the theory wrong: Cherson too could have held a limited tax system together quite late, and there are all kinds of reasons why it might have had a central institution of record like this, starting with it being a tiny exclave miles away from any other government.5

Ruins of the Byzantine city walls of Cherson

Ruins of the Byzantine city walls of Cherson

So it is debated! I have always felt uncomfortably torn between sides here: I am persuaded that the mentions of the gesta in a formula probably mean something, but if they had survived into the era in which the formulae were being copied, the ninth century, it seems too much to explain away the fact that we have nothing surviving that looks like actual gesta records like those from Italy, and i don’t think churches filled the role because they obviously preserve actual charters, not records that such existed somewhere else. So I wind up uncomfortably believing that there probably were gesta municipalia in Frankish Europe but that our best evidence for them is atypical because of Justinian, and though this sort of works I’d really like a better answer.

The mosaic of Emperor Justinian I and Empress Theodora in San Vitale di Ravenna

It’s all his fault! As with so much else. “Meister von San Vitale in Ravenna 003” by Meister von San Vitale in Ravenna – The Yorck Project: 10.000 Meisterwerke der Malerei. DVD-ROM, 2002. ISBN 3936122202. Distributed by DIRECTMEDIA Publishing GmbH.. Licensed under Public Domain via Commons.

This, however, Warren has now provided! But! he is on record in several places arguing that the Frankish formulae were fairly flexible resources that people copied, and changed, because they were useful, not just out of some antiquarian spirit of editorialisation.6 How can he, therefore, follow Everett’s shattering argument, as he quite literally has to in the book in question? In two ways, it transpires; with a perceptive thesis and a wealth of previously uncollected examples (the latter of which was, of course, what the Lay Archives project was supposed to find). The thesis is the clever bit, and goes roughly like this.

What do people get out of reporting a transaction to the gesta? Obviously, yes, protection against tax liability, but also and as well as that, they get an officially-witnessed documentation of their new property. That is a thing people might want almost as much as the protection against the taxman, and most importantly it is a thing that people plainly continued to want even once (and where) the Roman tax system was inarguably dead.7 There are lots of ways we see that being done: people took their documents to court and got royal confirmations, under Merovingians and Carolingian rulers both; they took them to an ordinary court and had a confirmation issued by the gathering; they even, arguably, set up spurious lawsuits between each other so as to get the verdict publically issued that the recipient did indeed own the land.8 And, in some places where the formulae were known and the practice remembered, they went to a town and got the local bigwigs to fill the rôles of the old Roman curiales and issue something saying they’d seen the transaction documents, and the scribes who were writing this up knew the old formulae and wrote the dockets or records up accordingly. There doesn’t need to have been any surviving central archive: that wasn’t why people still did this. What was important to them was the document they got to take home.

Well, then, you may ask, why don’t we have any? And the answer to that is probably because they took them home! It is odd how few we have, even so, but we do have some, and it’s enough to convince me. The latest one Warren can find is from Prüm in 804, that monastery’s only gift of land from Angers, a city where they had a formula collection and knew about gesta (though, oddly, the Angers formula is not the one this record uses).9 That illustrates a further preservation problem, however; the scribe there copied four separate documents up as if they were one, but the first was a donation charter and really, that’s all you would need for a later cartulary. What good would it do you in the eleventh or twelfth century to copy up how this document had been confirmed by courts that no longer existed? The purpose of copying was no longer to prove possession, but to list and to remember, and for that the original charter was quite sufficient.10 Really, we shouldn’t expect any such documents to survive outside the original, and where would preserve them in the original except the personal archives that we hardly ever still have, the whole problem the Lay Archives project was meant to address?

So I think it all works, personally. It’s certainly much better than my halfway house answer and I’m very glad to have read it, certainly glad enough to share!

1. W. C. Brown, “The Gesta municipalia and the Public Validation of Documents in Frankish Europe” in idem, Marios Costambeys, Matthew Innes & Adam J. Kosto (edd.), Documentary Culture and the Laity in the Early Middle Ages (Cambridge 2013), pp. 95-124.

2. The surviving examples are almost all in Ravenna, and edited in Jan-Olof Tjäder (ed.), Die nichtliterarische Papyri Italiens aus der Zeit 445-700 (Lund 1955 and Stockholm 1969), 3 vols, and are now discussed in Nicholas Everett, “Lay Documents and Archives in Early Medieval Spain and Italy, c. 400-700″ in Brown, Costambeys, Innes & Kosto, Documentary Culture, pp. 63-94, with refs; for the Justinian problem see Francesca Macino, “Documenti d’Impero: precedenti di età tardoantica (V-VI sec.)” in Peter Erhart, Karl Heidecker & Bernhard Zeller (edd.), Die Privaturkunden der Karolingerzeit (Zürich 2009), pp. 23-30.

3. I first met this debate in Ian N. Wood, “Disputes in Late Fifth- and Sixth-Century Gaul: some problems” and Paul Fouracre, “‘Placita’ and the Settlement of Disputes in Later Merovingian France”, both in Wendy Davies & idem (edd.), The Settlement of Disputes in Early Medieval Europe (Cambridge 1986), pp. 7-22 and pp. 23-43 respectively, and I never really thought either side had enough evidence for their case. Scepticism has more recently been raised in Warren C. 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; Alice Rio, Legal practice and the written word in the early Middle Ages: Frankish formulae, c. 500-1000 (Cambridge 2009) argues for limited continuity and according to Brown at least, Josiane Barbier for rather more in her “‘Dotes’, donations après rapt et donations mutuelles : les transferts patrimoniaux entre époux dans le royaume franc d’après les formules (VIe-XIe s.)” in Régine Le Jan, Laurent Feller & François Bougard (edd.), Dots et douaires dans le haut Moyen Âge. Actes de la table ronde “Morgengabe, dos, tertia … et les autres …” réunie à Lille et Valenciennes les 2, 3 et 4 mars 2000, Collection de l’École française de Rome 357 (Roma 2002), pp.353-388, although in looking that up I find that she has now apparently got more to say in the subject in the form of Barbier, Archives oubliées du haut Moyen Âge : Les gesta municipalia en Gaule franque (VIe-IXe siècle) (Paris 2014), which must have been done without knowledge of Brown, “‘Gesta municipalia'”; I wonder how it compares?

4. The argument for Church replacement is started in Brown, “When Documents Are Destroyed” and made more fully by Rio in Legal Practice and the Written Word, but cf. Everett, “Lay Documents and Archives”.

5. A. Hodge, “When Is a Charter Not a Charter? Documents in Non-Conventional Contexts in Early Medieval Europe” in Jonathan Jarrett & Allan Scott McKinley (edd.), Problems and Possibilities of Early Medieval Charters, International Medieval Research 19 (Turnhout 2013), pp. 127-150.

6. Brown, “When Documents are Destroyed”; idem, “Die karolingischen Formelsammlungen – warum existieren sie?” in Erhart, Heidecker & Zeller, Privaturkunden, pp. 95-102; and there are certainly other things of his I haven’t read on similar subjects.

7. As to when that was, well… I can best refer you to Chris Wickham, “The Other Transition: from the ancient to feudalism” in Past and Present no. 103 (Oxford 1984), pp. 3-36, rev. in Wickham, Land and Power: studies in Italian and European social history 400-1200 (Londin 1994), pp. 7-42.

8. Examples of all these in Brown, “‘Gesta municipalia'”, but on the fake trials, Scheinprozesse, see most of all Chris Wickham, “Land Disputes and their Social Framework in Lombard-Carolingian Italy, 700-900” in Davies & Fouracre, Settlement of Disputes, pp. 105-124, rev. in Wickham, Land and Power, pp. 229-256; there is more work to be done finding such cases for sure outside Italy, though see Jonathan Jarrett, “Power over Past and Future: Abbess Emma and the nunnery of Sant Joan de les Abadesses” in Early Medieval Europe Vol. 12 (Oxford 2005 for 2003), pp. 229-258, for at least one.


Entrevista a mi en Català

The seminar reports are catching up but reports on my other activity seem still to be mired in busy busy November 2014. At the very end of that month, I had the unusual honour of being interviewed for a Catalan history news website, a sort of recognition I’m very flattered to receive although I wish I could have given them a better photograph. Should you be interested, it’s here:

I should probably post the English, shouldn’t I? But I am writing this on a train to Birmingham to x-ray more coins and time and wi-fi are both scant, so I’ll wait to see if anyone wants it. Meanwhile, speaking of Birmingham, even while posting was sparse here I was still cropping up in other places on the Internet, not least the blog of the Centre for the Study of the Middle Ages, as follows:

And then lastly, though I will write properly about All That Glitters soon I promise, even as Cross Country Trains carry me towards the next session, here is a snapshot about one of those we already did:

I have never been so twitterfied! Anyway, with that I must get back to what I am doing now, but here at least is some record of what I have been doing that you didn’t have before!


Images from Montserrat!

This gallery contains 8 photos.

Readers who’ve been here a little while may remember that since about 2012 I have been mounting a sporadic attempt to quantify and locate the various members of the clergy attested in the tenth- and early-eleventh-century documents from around the … Continue reading

Seminar CCXIII: doctors in one place, lords in many

Since 1984 (I understand) there has been a peripatetic seminar series shared between the medievalists of the universities of Chester, Keele, Lancaster, Liverpool, Manchester and Manchester Metropolitan Universities (presumably not all of those initially), which is now known as the M6 North-West Medieval Seminar, because of the six participant medieval departments and also the arterial road that links the north-west of Britain to its neighbouring regions. The papers often look really interesting, but from Cambridge or Oxford I could never have got back from it before the transport ran out for the night, and it wasn’t till 12th November 2014, when the seminar swung down to its southernmost point at Keele, that I could even attempt it from Birmingham. Even then it was a bit of an adventure, with a forty-minute bus ride through the dark from the nearest station and so on. There was a certain amount of surprise to see me! But I did, at last, make it to the M6 Seminar, and the blog backlog now crunches round to reporting on it. There were two papers, and they were “Medical Practitioners before Medical Schools: the evidence from Salernitan charters, ss. VIII-XI”, by Luca Larpi, and “Lords of the North Sea: comparative approaches to the aristocracies of the tenth and eleventh centuries” by Anthony Mansfield.

Medieval illustration of doctors attending a patient

As the below will make clear, having three doctors in attendance at once like this was probably out of reach for the early Middle Ages as far as we can document it. Speaking of documentation, I wish I knew where the University of Aberdeen got this image but their site isn’t saying so all I can do is link…

Luca is the lead researcher in a project I’d been hearing about for years by this time, trying to amass what information we have about the existence of professional doctors in the early Middle Ages by going through charters looking for them. This is my kind of work, but I’d already had to tell them long ago that I knew of none from Catalan materials prior to 1030. This is not surprising, though; even now, the database (which is online) contains the gleanings of 17,000 documents, and in those 17,000 documents they found 178 references to 109 medici, so their hit rate is either side of 1%, and most of it is from Italy and more than anywhere else from the monastery of Cava di Terreni, where 1787 pre-eleventh-century documents gave them 45 references to 22 doctors.1 That’s not really enough to process statistically, although Luca opined that most of the people we can see hang out with the kind of people that suggest they were high-status indiviudals, and more empirically 16 of the 22 were ecclesiastics. But the particular concentration in this archive is interesting, because it covers Salerno, which would (I had to find out later, so basic a fact was it for Luca) later come to boast a major medical school famous throughout Europe.2

Medieval illustration of the Scuola Medica di Salerno, from a manuscript of the Canons of Avicenna

And here is a medieval image of that school! “ScuolaMedicaMiniatura“. Licensed under Public Domain via Wikimedia Commons.

So, does this mean the school was sort of there before it was a school, and if so, why? Characterising the sample led us down very quickly to individuals: only one Jew; an ecclesiastical kindred providing three of whom one, Bishop Pietro of Salerno, was son of the first, the Abbot of San Massimo; and a number of people associated with the harbour church of Santa Maria de Domno. From 989 that organisation shared pastoral care of the city with the cathedral and ran a hospital, for which purpose it at three points in the eleventh century retained doctors as part of its community, on terms that meant they couldn’t leave for more than two years and had to perform mass regularly when present (but not necessarily, apparently, treat people). Duke Gisulf of Salerno also retained a Sicilian doctor for the city in the 1060s. So there was a lot of medical traffic here, although Luca thought that the school only came into being on the back of the translation of Arabic scientific texts. But that ‘lot’ is still relative: at times, in the tenth and eleventh centuries, we can say that Salerno boasted two professional doctors, perhaps because of an ephemerally-attested drug trade. I can’t help remembering one charter of Obarra I blogged about once where two magistri witness, utterly without context and never appearing again. Two or three such charters mentioning medici at, say, Trier or Clermont (and at the latter it could happen, since unpublished charters survive there) and this picture would change quite sharply. Such is the thin sample we sometimes have…

Early modern pen drawing of the Chateau de Guines

Early modern pen drawing of the Chateau de Guines

Mr Mansfield’s paper, which came from his ongoing doctoral research, was more dogmatic, demanding that we try to stop seeing regional aristocracies as loyal, grudging or rebellious with respect to the centre and instead view their political choices in the context of their regions. The regions he picked for this were Essex in England, Guines in Flanders and Trøndelag in Norway, all of which areas he noted were delimited by water although as he was forced to admit in questions, some of those waters were pretty easy to cross; in one case one could jump it, though my notes annoyingly don’t name it. In all these places, argued Mr Mansfield, our texts show us the existence of a regional identity which must always have been those places’ lords’ first concern, because without support within the region they could do nothing, whether helpful to the centralising court or not. Much of the thinking here emerged in questions, and I imagine thateven by now the project is much further on, but for early work it was demandingly theorised and I suppose that many of the questions came from a feeling that evidence would probably bend the theory once there was enough of it in play.

Castell de Cabrera, Santa María de Corcó, by Ricardo Ballo

The obligatory Catalan counter-example, the Castell de Cabrera in Santa María de Corcó, Osona, where an outsider lineage very happily ruled an area with no clear identity beyond its name, though that’s not to say there wasn’t one. Photo by Ricardo Ballo.

For me, of course, the key question is how lords such as these are induced to take part in the enterprise of the centre, so it’s not that I don’t think they were there, quite the reverse; I’m not sure, however, that coercive lordship was getting enough consideration at the regional, rather than the supraregional level, to match with what I see in Catalonia where the local independents still don’t show much sign of participating in a wider community of their region.3 Nonetheless, it made me think, and as you can tell still is doing. And the gathering contained many people I’d otherwise only see once a year at conferences if that, so it was good to be there for many reasons and I got back all right. Whether I can make it again, even from Leeds, we shall see, but it should in theory now be easier! That hasn’t stopped me missing all this term’s papers, but I intend on being here a while, so watch out…

1. The publication of the charters of Cava is an ongoing effort with a long and painful history. There is Michele Morcaldi, Mauro Schianni & Silvano Di Stephano (edd.), Codex Diplomaticus Cavensis (Napoli & Milano, 1873-1970), 10 vols, but I gather that this is only about two-thirds of what there is and that work on the remainder since 1970 has met many difficulties.

2. This does, admittedly, from a literature search look like something that is mainly known by those writing in Italian. An introduction for others might be Paul Oskar Kristeller, “The school of Salerno: its development and its contribution to the history of learning” in his Studies in Renaissance Thought and Letters, Storia e letteratura: Raccolta di studi e testi 54, 166, 178 & 193 (Roma, 1956-1996) 4 vols, III pp. 495-551.

3. Jonathan Jarrett, Rulers and Ruled in Frontier Catalonia 880-1010: pathways of power (Woodbridge 2010), pp. 144-148.

From the Sources XI: wets and measures

This is a leftover from my reading of the Wendy Davies lecture that I already blogged about while just about still in Birmingham, but I felt it was worth a post of its own, because it is (as so often in this series) about something I thought was a really interesting charter. Without further ado, I’ll give you the translation (Latin is in the reference footnote) and then try and explain why I think so, if I haven’t already convinced you!

“In the name of the Lord. This is a charter of recognition that was written and corroborated by the order of the most serene lord Prince Ramiro and of all the bishops and the crowd of catholic persons about to corroborate below, so that it should have binding character throughout the ages. Therefore: a quarrel arose between Abbot Baldered and his brothers and men of the tithing of Saint John in Vega, Gondemar and his heirs, about the aqueduct whence the mills of the brothers were powered and which they were holding in lordship. And afterwards, downstream from their mills, they were holding lordship over the water for the mills belonging to the selfsame Gondemar and his heirs, as per what they were holding as heredity from long ago, since their grandfathers and great-grandfathers had taken over that stream and held lordship over it; and their milling mills a flood of the rivers Bernesga and Torio together removed, and they built other mills further down that stream, next to the aforesaid river. When they had completed that work, maliciously, the same Abbot Baldered and his brothers rose up against them. Wherefore, with both parties laying claims in our presence and that of the bishops and judges, we sent faithful men from our council, they being: Recemir Decembriz, Abbot Vidal, the priest Pelagio and the priest Apsidio and many others who were there. And they orderd collectors to be set up in the flow of that water to measure the height of it, and below they broke down that construction which the brothers said was impeding their mills and starving them of water. And afterwards, the water flowed until the ninth hour, standing at just the same level, so showed the markers, just as they had been set up, the same amount of water and not diminished a bit, wherefore we ordered Gundemar and his heirs to have those mills and that water as they were holding it previously. Truly, another year, the brothers again raised a plea against those men, maliciously, wherefore we again sent the following faithful men so that they might determine whether they were presenting any impediment to the mills of the brothers: the judges Abaiub, Leander, Maurello and many others. And the already-said faithful men found, just as on the first occasion, that the brothers were acting maliciously against those men, and that nothing was presenting an impediment to them. Now, in the third year in which this quarrel has arisen between those people, we, with all the gathering corroborated below, have assigned to Gundemar, with his heirs, the selfsame water from the mills of the brothers as far as their mills. Thus, when the brothers shall warn them about their restoration of that upper construction or their direction of the water, they may avoid it without any excuse of a survey; and let them together have that water, for their use, without any molestation. For if now or from now on anyone shall raise any quarrel or attempt to bring any accusation, just so much shall he pay to the royal purse 500 solidi, just as he shall lose his right and property in the selfsame water.
“Recorded on the 7th day of the Kalends of July, in the era 976 [25th June 938 A. D.]
“Under Christ’s name, Quixila, by the Grace of God bishop. Under Christ’s name, Bishop Frunimio. Under Christ’s name, Ovecco, by the Grace of God bishop. Recemir Decembriz.
“Abaiub, judge, confirms; Maurello, judge, confirms; Leander, judge, confirms. Monio Nuniz confirms; Vermudo Nuniz confirms; Diaz, archdeacon, confirms; Gundisalvo, deacon, confirms. Assur, deacon, confirms; Piloto, Abbot, confirms; Fredenando confirms; Olemundo confirms.
“Fortis, scribe, recorded. ()

This is a fairly tangly story, so it may be worth breaking it down a bit. If I read it right, these are the stages:

  1. In the distant past, Gundemaro’s ancestors cleared the land around a stretch of the river Bernesga in Vega and thus laid claim to the use of the water there, and set up mills on it.
  2. Either previously or later, the monastery of Valdevimbre (as it happens, the text doesn’t identify it) acquired rights to the water higher up the river and had mills of their own up there.2
  3. Next, a flood of the Bernesga and its tributary the Torio wiped out Gundemaro’s family’s mills, so they built more in a safer place downstream of the monastery’s mills, and put in an aqueduct that diverted water from the river to their mills.
  4. The monastery didn’t like this, and Abbot Baldered and his monks raised a suit against Gundemaro and family claiming that the new construction was interfering with the monastery’s mills, apparently despite the fact that those were above it on the river.
  5. So King Ramiro sent a team of enquiry who set up markers in the river, presumably near the monastery’s mills, and gauged the water level before and after destroying Gundemaro’s family’s new aqueduct, and they found that it changed not at all, as one might have expected, whereupon King Ramiro found in favour of Gundemaro and said that he and his heirs could carry on as before.
  6. So one assumes that they rebuilt, whereupon the monastery raised suit again, and another team, this time of judges, went out to Vega again and found that there was still no interference going on with the monastery’s mills and told them to shut up.
  7. The document we have dates from the third year in which the monastery had raised this claim, and this time King Ramiro has had enough, and says that there will be no further survey, that Gundemaro and co. are to have the river between the monastery’s mills and their own without any possibility of further dispute and that anyone who raises such a dispute will pay a 500-solidi fine and lose any claim they may have to the river.

There’s loads to interest me here, from the purely diplomatic to the deeply personal. In the former category, I like the way that the scribe Fortis makes the document refer to what will be written on it later; if that’s straightforward, it implies that he was drafting it at the gathering in response to the royal verdict, but it seems to have been a full formal document anyway; we only have it through Valdevimbre’s cartulary, now in the Archivo de la Catedral de León, but the fact that the witnesses are roughly, but not perfectly, divided into columns by category even in the copy implies that some such arrangement was also present in the original, otherwise I’d expect the first column to have four and the last three, not the other way around. I also note, just in passing, that one of the judges has an Arabic name, and that we know that another witness, Recemir Decembriz, was son of another such person, December iben Abolfeta, even though his own name is unfaultably Gothic.3 Read me an ethnicity from those if you dare!

The monastery of Valdevimbre's buildings seem to be long gone, but for orientation, I think we're here, not at the main confluence of the rivers but slightly further up the Bernesga where the artificial channels cross the fields from the Presa to drain into it. People are still doing the same thing here...

More interesting, perhaps, but less resolvable: why did the monastery keep raising this spurious suit? It seems clear that they thought that Gundemaro was a problem for their water rights, and in most of the medieval Iberian peninsula—not Catalonia so much, which is a lot wetter than the rest of the peninsula, Galicia excepted—rights to the use of water and irrigation are a big deal so this is understandable in principle.4 But even if there was initially some reason to believe that Gundemaro and co. were dipping into water in the monastery’s stretch of the river, they choose a stupid way to contest this, saying that their mills are affected by a structure that must, surely, have been below those mills in the river and so tapping only water that the monastery’s mills had already spent. But they manage to get this checked twice, and try again, so presumably they thought there was some chance that the royal inquest might find in their favour, despite the first one having used Science! to prove them wrong. (Because that is, is it not, testing of a hypothesis by experiment.) I don’t understand why.

But to me, given my habitual concerns, the most interesting question of all is: why do we have this document? The monastery lost, repeatedly. What good did preserving that fact in their archive, and indeed copying it up for the cartulary a few centuries later, do them? If they had ever produced this in court it could only have gone badly for them. The only thing I can think of is that they were genuinely concerned that Gundemaro’s family would start tapping the monastery’s water, protected by their apparent good standing with the royal court, and that even this document, which not only set but seemingly shrank the rights they could claim in the river, was better than having no record of their rights at all. In which case, where did they get those rights in the first place, and why was this a better document than nothing? The only answers to these questions I can think of all suggest that the monastery was in fact at a disadvantage here, that despite our usual assumption that he who keeps the record has the power and that the Church always held the whip hand in disputes, Valdevimbre was up against some fairly immovable local bigwigs here and was hoping, somehow, to get the court to stand up for them against their opponents. They seem to have picked a stupid way to do it, but maybe it was the only way they had. In short, though this looks like a rare case in which we have a record of a greedy and assertive ecclesiastical institution being defeated in court, I suspect that the way we have the record may actually imply that they were not the aggressors…

1. Emilio Sáez (ed.), Colección Documental del Archivo de la Catedral de León (775-1230): I (775-952), Fuentes de la Historia Leonesa 41 (León 1987), doc. no. 128:

In nomine Domini. Hec est kartula agnicionis quam iussu serenissma domni Ranimiri principis uel omnium episcoporum ac cetu catholicorum, subter roboraturis, conscripta ac roborata est, ut tenorem iugi abeat per secula. Igitur orta fuit intencio inter Balderedus abba et suis fratribus et homines de collacione Sancti Ihoannis, in Uega, Gondemaro cum suos heredes, propter aqueductum unde molendina fratrum molebant et dominata tenebant. Et post, sub ab eorum molendina, dominabant ipsa aqua ad suos molinis ipso Gondemaro cum suos heredes, secundum eam quam abebant hereditariam ab antiquo, ut abprehenderant eam aquam et dominauerunt eam suis auis et trysauis; et suos molinos molentes, amouit eos inundacio fluminis Uernesga cum Torio mixto, et super ipsam aquam edificauerunt alios molinos subtus, secus flumen predictum. Quum factum hac completum illum abuissent, maliciose, insurrexerunt aduersus eos idem Balderedus abba et sui fratres. Unde, in nostra presencia uel episcoporum et iudicum, asserentes utraque partes, misimus ex concilio fideles, hii sunt: Recemirus Decembri, Uitalis abba, Pelagius presbiter hac Aspidius presbiter et aliorum multorum que interfuerunt. Que preuiderunt in decursione ipsa aqua fieri papillos et metire ipsa altitudinis aqua ac ruperunt subtus illa presa que dicebant quia inpediebat et inaquabat molina fratrum; et postquam, decursa est aqua usque in oram nonam, stantem in ipsa mensura equaliter, sic apparuerunt ipsas stacas, sicut eas perxerant, equale aqua nec in modico minuante, unde iussimus abere ad ipso Gundemaro et suos heredes suos molinos et ipsa aqua ut primitus abebant. Equidem et in altero anno, iterum supposuerunt uocem contra eos homines fratres, maliciose, unde et alios fideles misimus que probarent si eis aliquid inpediebant ad molina fratrum: iudices Abaiub, Leander, Maurellus cum alios multos. Et inuenerunt, sicut et primi, iam dicti fideles, quia maliciosa agebant fratres aduersus eos homines, et nullum eis inferebant inpedimentum. Ad uero, nos, cum omni cetu subter roboratis, anno tercio ex quo orta fuerat inter ipsos ipsa intencio, ordinauimus abere ad ipso Gundemaro, cum suos heredes, ipsa aqua de molina fratrum usque ad suos molinos. Ita quando eos admonuerint fratres pro ipsa superiora presa restaurare uel aquam domare, sine aliqua excusacione mense auertant; et abeant cunctos ipsa aqua, pro sua utilitate, sine ulla molestia. Quod siquis amodo uel deinceps uocem subposuerit aut aliquam calumpniam temptauerit inferre, quomodo pariet post partem regis solidos D, velud kareat uocem et suam proprietatem in illa aqua.
Notum die VII kalendas iulii, era DCCCCa LXXa VIa.
Sub Christi nomine, Cixila Dei gratia episcopus-. Sub Christi nomine, Frunimius episcopus-. Sub Christi nomine, Ouecco, Dei gratia episcopo. Recemirus December.
Abaiub iudex conf. Monio Nuniz conf. Assuri diaconus conf.
Maurellus iudex conf. Vermudo Nuniz conf. Piloti abba conf.
Leander iudex conf. Didacus archidiaconus conf. Fredenandus conf.
Gundisaluus diaconus conf. Olemundus conf.
Fortis scriba NOTUIT (signum).

2. On Valdevimbre you can see César Álvarez Álvarez, “El monasterio de Valdevimbre (siglos IX-XII)” in Manuel Cecilio Díaz y Díaz, Mercedes Díaz de Bustamante & Manuela Domínguez García (edd.), Escritos dedicados a José María Fernández Catón (León 2004), 2 vols, I, pp. 41-64.

3. The December family are tracked in Victor Aguilar Sebastián & Francisco Rodríguez Mediano, “Antroponimia de origen árabe en la documentación leonesa (siglos VIII-XIII)” in Manuel Lucas Álvarez (ed.), El Reino de León en la Alta Edad Media VI, Fuentes de la Historia Leonesa 53 (León 1994), pp. 497-633.

4. See classically Thomas F. Glick, Irrigation and Society in Medieval Valencia (Cambridge MA 1970), still in print.