Category Archives: Charters

Leeds 2014 Report III: priests, charters and finally Hungarians

The church of Santa Maria de Manresa

The church of Santa Maria de Manresa, where as I argue below we can probably be fairly sure some local priests were based in the tenth century, even if not in this actual building. “Seu de Manresa” by Josep Renalias – Own work. Licensed under CC BY-SA 3.0 via Wikimedia Commons.

Sticking determinedly to the reduction of my backlog alongside the notices of what I’m currently up to, here’s the third section of my report on the International Medieval Congress 2014 (or Leeds, to habitués, an ambiguity I am now going to have to get used to disentangling). This covers the Wednesday, 9th July, which was also the day I was presenting. Partly out of grace and mostly out of interest, I spent much of that day in the sessions of the strand in which I was doing that, so there is a heavy concentration here on priests, which was what I had to talk about at that point, but kind of ineluctably I broke out for some charters at some point and, also ineluctably, I was talking about my priests from charters, so this is quite a traditional Jarrett post in a lot of ways, getting down into what people did away from political centres and how we can know about it.

1011. The Clergy in Western Europe, 700-1200, I: education, training and liturgy

  • Carine van Rhijn, “More Than Pastoral Care Alone: local priests and their communities in the Carolingian period”.
  • Bernard Gowers, “Clerical Apprenticeship and Clerical Education, 10th & 11th Centuries”.
  • Helen Gittos, “The Use of English in Medieval Liturgy”.
  • This was about as stimulating an early morning session as they get, and for me especially because of Carine van Rhijn’s paper. She had been going through many manuscripts probably used in Carolingian-period schoolrooms and working out what the people who used them cared about knowing how to do, and the answers were illuminating: calculating the date of Easter, yes, carrying out a correctly-worded Mass, yes, the right dates of saints’ feasts, yes too, but also yes to odd notes of Biblical history, the signs of the Zodiac, ‘Egyptian days of ill omen’, the correct prayers to say before a judicial ordeal but also before a haircut, prayers to say over sick animals or for good harvests… As she said, this was a very broad model of pastoral care, in which people might go to a priest about almost anything, and as Sarah Foot pointed out in discussion, they might also have been going to or previously have been going to other people, of whom such sources would tell us nothing except that this was how the Church competed. Bernard then talked about the different ways in which the training of priests was carried out, distinguishing two overlapping processes, the in-house socialisation of a future priest by living with a senior relative, a kind of life-shadowing apprenticeship, as opposed to a more scholarly style of education in which texts and literary knowledge were the primary focus; some people, like Raoul Glaber, evidently got more of the latter than the former… And lastly Helen Gittos argued that there was much more spoken English in the liturgy of Anglo-Saxon England than our texts and preconceptions would immediately suggest, especially for things like responses from the congregation, though my notes suggest that I was anxious about the lack of evidence from the actual Anglo-Saxon period she had available to demonstrate this. Still, I went for coffee with a great deal to think about.

Now, that thread continued into the next session, but I was presented with the chance to hear three experts talking a problem that bothers me a great deal in my work, that of whether we can deduce from charters issued by kings what those kings wanted to do in the areas concerned, or whether what we mainly learn from this is what recipients of such documents wanted the king to do for them.1 Accordingly I deserted the priests for an hour-and-a-half to go to this:

1124. Empire and Regesta, II: Carolingian diplomas and their recipients as sources for royal acceptance

You see how I couldn’t not. This was the running order:

  • Tobie Walther, “Regesta regni Aquitaniae: recipients and beneficiaries in the diplomas of Pippin I and Pippin II of Aquitaine”.
  • Irmgard Fees, “The Diplomas of Charles the Bald: the problem of lay recipients”.
  • Horst Lößlein, “Royal Diplomas as ‘Performatives’? The Recipients of Diplomas of Charles III the Simple”.
  • Dr Walther had an interesting case study to work with here, because of Aquitaine having been ruled by its own subordinate kings between 817 and 848, if somewhat intermittently towards the end of that, so that questions about attachment and royal policy could have different answers here from elsewhere. The paper didn’t really draw any conclusions, however, and the presentation of the data was hampered by not considering that documents to lay recipients would have survived less well than those to churches; I’m not sure I believe, therefore, that King Pippin I focused his patronage mainly on monasteries, just that that is what we still have evidenced dotted between the numerous forgeries in this area.2 Professor Fees engaged more closely with the question of whether or not we have a clear picture of whom it was got most gifts from kings from such documents, and with Geoffrey Koziol’s new book, by pointing out that even what we have preserves a fragmentary secondary history of laymen getting the gifts they then made to churches, and that we can therefore say what kings gave to churches much more securely than that they gave less to laymen. I would have told you we knew that but it’s always worth having someone put actual data behind these statements.

    The object of desire, a precept of immunity from King Charles the Simple to the canons of Paris, 911

    The object of desire, a precept of immunity from King Charles the Simple to the canons of Paris, 911

    Lastly Herr Lößlein engaged with another part of Geoff’s argument, that the point of issuing such diplomas was partly so that the king could stage a big performance around it. Some of the texts clearly allow for that being possible but others are much more basic and functional, argued Herr Lößlein. From this he more or less reconstructed the argument of Mark Mersiowsky cited above, that Charles the Simple at last (and for Mersiowsky at least, also his predecessors) granted only where people wanted him to grant, rather than in areas where he was trying to intervene; we don’t see how he or anyone established such relationships from royal grants, because those relationships have to have existed first.

I found this rather frustrating, overall. When I first read Mersiowsky’s chapter during my doctoral study it seemed like someone clearly stating what should have been obvious, and I would find the various reactions to Geoff’s provocative counter-arguments more enlightening if they showed more awareness that Geoff had in fact been writing against something.3 For my part, it seems clear from Catalonia that people sought royal charters when it was easy or immediately profitable for them to do so. Both Professor Fees and Dr Lößlein noted that the south-west of the kingdom gets a really substantial proportion of their chosen king’s grants at certain times of their reigns, for Charles the Bald in 844 and for Charles the Simple in 899. It seems obvious to me that this is because Charles the Bald spent a good part of 844 besieging Toulouse and everybody from Catalonia realised that there would never be a better chance to meet the king so went off to get their diplomas renewed, and because in 899 Charles the Bald was holding a council to which the Bishop of Girona and Archbishop of Narbonne had both gone, presumably with a sheaf of requests from their peers and clients. That didn’t happen again later, so the charters peak there, but it’s not because of Charles’s preferences. In short, the key factor here was not royal choice but royal accessibility, married with the beneficiaries’ local circumstances. I hope that some day soon we can stop reinventing this wheel… Anyway, then, after lunch, it was showtime. Obviously I had to go my own session, but I probably would have done anyway given the first speaker…

1211. The Clergy in Western Europe, 700-1200, III: local clergy and parish clergy

  • Wendy Davies, “Local Priests, Books and Things in Northern Iberia, 800-1000″.
  • Jonathan Jarrett, “Counting Clergy: the distribution of priestly presence around a 10th-century Catalan town”.
  • Grégory Combalbert, “Did Donations of Churches to Religious Houses Have Consequences for the Parish Clergy? Parish Priests, Ecclesiastical Advowson, and Lay Lords in Normandy, Late 11th-Early 13th Centuries”.
  • Wendy was interesting as ever: she was basically presenting the numbers from the northern Iberian documents she now knows so well on books, books given to churches, books recorded in wills and really any books mentioned at all. From this which she was able to deduce that probably most local churches had a small set (median 4·5…) of liturgical volumes: an antiphonary, a Psalter, a hymnal, an ordinary and the peculiar Iberian phenomenon known as the Liber commicus, not a comic book but a kind of liturgical pick’n’mix (we also see the word as ‘conmixtus’, mixed-together) of the working bits of the Hispanic liturgy, still very much in use in these areas apparently.4 To get anything less immediately practical for a working church you had to go to a bigger monastery, many of which had libraries of tens of volumes. Wendy also noted that an average book seemed to be valued at between 2 or 3 solidi, which I note mainly because as I’ve shown cows also sold for about that price in these areas at this time, and yet almost any book would have meant the slaughter of several animals, perhaps sheep but perhaps cows, so that it almost seems like separating it from its owner and putting words on it involved a considerable depreciation of the value of that animal hide…

    Chart showing the breakdown of priestly activity in the charters from the Manresa area in the tenth century

    One of my slides, showing the breakdown of priestly activity in the charters from the Manresa area in the tenth century. This is why I like dense data…

    I, meanwhile, was presenting something like some preliminary conclusions from my Manresa project about which you’ve heard so many different bits. What I started out doing that project for was to try and work out if we could see the organisation of pastoral care around tenth-cenury Manresa from its unusually rich record of land charters, given how many priests turn up in them. This involved me in wrestling with the fact that almost all of the evidence is from the nearby monastery of Sant Benet de Bages, not from the mother church of Manresa itself, but I think I am able to show that other factors turn up alongside the monastery’s interests, even if priests tend to show up more than any other clergy. This seems to have been because people who wanted charters written preferred priests to do it, though plenty of others also did and therefore could. The monastery’s priests do show up more often than others, but not by much, and the areas with the most monastic property are not necessarily those where most priests are recorded. Using all this I argued that there were two sorts of structure here, an established and very localised priesthood mainly visible on the inwards side of the city, where churches had been going for longer, and then another body of priests who appeared all around the city, including towards the frontier in the east and south-east, where there were at this time rather fewer churches, and who therefore were probably based in the city, in something like a temporary minster system which was expected to move towards local establishment when practical.

    The observable sequence of priests at the church of Castellterç. Sant Fruitós de Bages

    The observable sequence of priests at the church of Castellterç. Sant Fruitós de Bages, from my paper

    I think this was the first time I’ve ever given an academic paper I hadn’t written out beforehand. I usually have a text somewhere, even if I don’t necessarily refer to it, but this time there had been no time and I just had a thickly-commented printout of my slides. I’m not sure it went any the worse for it, but I do wish I had written down something about what questions I got. Anyway, last but not least was Dr Combalbert, who was asking, basically, was giving a local church to a monastery a way to ‘reform’ it, in terms of the standard of life and worldliness of its clergy? His conclusion was that it wasn’t, not least because the new onwers didn’t necessarily get to replace priests in these places; even where they had the right to appoint a new one (which is what the word ‘advowson’ means, in case you were wondering) they had to wait for the old one to die first, and there were very often arrangements in place that, even if they didn’t ensure that the priesthood in the church proceeded in heredity (though they sometimes did), made very sure that the donor or local lord retained his ability to have his voice heard in naming the candidates from whom the monks chose the new priest. Such lords also usually kept most of the income, and if they didn’t, the monasteries very often did anyway. I suppose the priest would never have been used to having it, either way…

Then there was tea and then the final session of the day, which was a man down but the remaining two still justified it for me.

1318. Visions of Community, III: shadows or empire – 10th- and 11th-century reactions

  • Bernhard Zeller, “Changes in Documentary Practice in the late 9th and early 10th century: the evidence of royal charters – the case of St Gallen”.
  • Maximilian Diesenberger, “Worrying about Hungarians in the Early 10th Century: an exegetical challenge”.
  • Bernhard was telling us a tale of decline, at least in numerical terms: over the period he was looking at, the monastery of St Gallen, which preserves one of our largest caches of original early medieval charters in Europe north of the Pyrenees, did so less and less. Of the documents they did preserve, too, more and more were royal. This was probably partly because as the Carolingian kingdoms broke down the kings most relevant to St Gallen were also closer to it and more reliant on it, but also, it seems, because the monks were getting non-royal charters made less and less. They had the sort of rights over their area by this stage that might have meant they simply didn’t need them, but they never seem to have used charters in court much and a lot of the gifts they received were so hedged about with conditions as not really to convey anything, so Bernhard mainly thought that they just preferred to get grants from the kings now it was so much more possible.

    The entry of the Magyars into the Carpathian basin, from the Chronicum Pictum, 1360

    The entry of the Magyars into the Carpathian basin, from the Chronicum Pictum, 1360

    In a rather different type of assessment of reaction to crisis, Dr Diesenberger took us through some bishops’ letters showing that the tenth century at large was wrestling with how properly to understand the increasingly severe attacks of the Hungarians in terms consonant with everything being ordained by God. Most of all, did these bow-wielding horsemen from the East herald the Apocalypse? The bishops’ letters argue otherwise, but this probably shows that someone else was arguing for. After my year’s teaching this stuff I had by now become pretty clear that there’s always someone out there preaching the Apocalypse, in the Middle Ages and now, and that the question is how many people care, but what Dr Diesenberger also took from it was that the bishops knew that the kings were becoming unable to help: what was really needed was not prayer or penance but a better means of guaranteeing troop numbers, thought Bishop Salomon of Constance for example, but the overall community that could orchestrate such a response was broken, and the Church was the larger whole that remained for people to hang their identity on. This was very interesting indeed, and if Dr Diesenberger had only not said that the Hungarians didn’t attack Western Francia after 926 I’d have had no quarrels at all.5

Anyway, after that there was wine in the sunshine laid on by the city of Leeds, and after that dinner somewhere out of the way seemed like a good way to decompress. That took longer than I expected, and when we got back the dance was under way. Last year the dance had been in the refectory, but apparently people had complained that this made it feel like a school disco so this year it had been moved into the club run by Leeds University Students Union. What this meant, from my consumer’s point of view, was that it was cramped into a far smaller darker dance floor where there was no room to move, that there was only expensive bottled lager or alcopops available to drink, and that it was much louder, and while I like loud music as much or more than the next man, the whole place seemed unpleasantly like a hot dark gladiatorial arena with a nineties soundtrack and nothing made me wish to stay there rather than go to bed. So I did not dance, and was duly mocked for it next day by those who had noted my absence, but I’m still not sure I regret my choice. I was, in any case, in much better shape than I would otherwise have been for the final day, and I’ll tell you about that after another couple of posts on other things!

1. You can probably see immediately how this is an issue for someone studying the area of the Carolingian kingdoms perhaps most durably attached to one in name and yet also most beyond the reach of its kings, as I do, but you can find the problem also expressed for the core in Mark Mersiowsky, “Towards a Reappraisal of Carolingian Sovereign Charters” in Karl Heidecker (ed.), Charters and the Use of the Written Word in Medieval Society, Utrecht Studies in Medieval Literacy 5 (Turnhout 2000), pp. 15-25, to which the field is now avidly contrasting Geoffrey Koziol, The Politics of Memory and Identity in Carolingian Royal Diplomas: the West Frankish kingdom (840-987), Utrecht Studies in Medieval Literacy 19 (Turnhout 2012).

2.. The documents in question are all printed in Léon Levillain (ed.), Receuil des Actes de Pepin I et Pepin II, rois d’Aquitaine (814-848), ed. Maurice Prou (Paris 1926), but Herr Walther argued that one of the documents Levillain had thought was false may not have been while five more he had as genuine probably weren’t.

3. It’s not like Geoff doesn’t cite Mersiowsky (first at Koziol, Politics of Memory, pp. 28 n. 32), but I’ve yet to hear anyone else going round this particular circle do so.

4. As Wendy duly pointed out, this is very like what Michel Zimmermann found doing the same sort of enquiry for Catalonia, despite the supposed Frankish influence there, but he finds a lectionary much more common than the ordinary and increasingly replacing the commicus: M. Zimmermann, Écrire et lire en Catalogne (IXe-XIIe siècles), Biblioteca de la Casa de Velázquez 23 (Madrid 2003), 2 vols, I, pp. 523-607, here esp. pp. 523-525. There’s a subtle but quite large point hidden in this about exactly how much difference the Carolingian takeover in Catalonia actually made to how people worshipped there, and I haven’t done enough on it, but what I have done with charters would fit with this in suggesting that it was a slow percolation of change rather than a top-down imposition, probably done by introducing new training methods at certain centres. Of course, that would only get at the people being trained by what Bernard Gowers had earlier separated as ‘education’, not those who learned by ‘apprenticeship’, so change would be slower in areas where structures like those delineated by Dr Combalbert in Normandy were stronger. I didn’t see these links between the sessions’ papers this clearly at the time so it’s a benefit to me to write them up, thankfully…

5. I find while checking references just now that there is a very neat, paragraphs-long summary of this correspondence in Karl Leyser, “Ritual, Ceremony and Gesture: the case of Ottonian Germany”, in Leyser, Communications and Power in medieval Europe: the Carolingian and Ottonian centuries, ed. Timothy Reuter (London 1994), pp. 189-213 at pp. 192-194. As for my gripe, it is mainly that there is good evidence for a Hungarian attack that made it all the way to Spain in 942, but also one on Provence in 937, and while the former is only known through Arabic sources that I can at least understand Latinist historians not knowing about, the latter is not. References for anyone working on the Hungarians who does not wish me to point this out to them in seminar questions would include: G. Fasoli, “Points de vue sur les incursions hongroises en Europe au Xe siècle” in Cahiers de Civilisation Médiévale Vol. 2 (Toulouse 1959), pp. 17-36; Josep Millàs Vallicrosa, “Sobre las incursiones húngaras en la Cataluña condal” in Homenaje a Johannes Vincke para el 11 de Mayo 1962. Festschrift für Johannes Vincke zum 11. Mai 1962 (Madrid 1962-1964), 2 vols, I, pp. 73-80; with great care, Albert Benet i Clarà, “La incursió d’hongaresos a Catalunya l’any 942″ in Quaderns d’Estudis Medievals Vol. 3 (Barcelona 1981), pp. 568-573 and “La batalla de Balltarga. Epilèg a la incursió d’hungaresos a Catalunya” in Quaderns d’Estudis Medievals Vol. 4 (Barcelona 1982), pp. 639-640; and Jonathan Jarrett, “Centurions, Alcalas and Christiani perversi: Organisation of Society in the pre-Catalan ‘Terra de Ningú'” in †Alan Deyermond & Martin Ryan (edd.), Early Medieval Spain: a symposium, Papers of the Medieval Hispanic Research Seminar 63 (London 2010), pp. 97-127 at pp. 115-119, which collects these references.

A picture of swearing in Catalan

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

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

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

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

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

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

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

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

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

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

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

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

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

Unexpected female scribe perhaps too unexpected

[I wrote the first draft of this post in August 2014, pretty much all in one go, and queued it. This is even more ridiculous than usual, as since then I’ve actually been to the relevant archive and answered the question it poses. But it’s still a good question, I still wrote the post and I feel very strongly about queues, so I’m putting it up anyway, and you’ll just have to wait for the answer…]

After months, nay years, I have finally found the time to finish Michel Zimmermann’s immense two-volume book Écrire et lire en Catalogne. There are 28 appendices – 28! – and the very last of them is a set of commented plates that include some really interesting documents. And one of them, sitting starkly against one of the things I have most often observed about this complex book, is this one:

Arxiu Capitular de Vic, calaix 6, núm. 973b

Arxiu Capitular de Vic, calaix 6, núm. 973b, as presented in 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.

Now this dates from 1044, which is later than I usually run. So, although it is from Vic, my favourite archive, I’ve never seen the real thing. I really want to now, though, and it must go on the list. What Zimmermann thinks is important about it is the scribe, whose name was Alba, which is of course feminine in any Romance language you’d like to name.1 She was, therefore, a female scribe, and by the look of the charter, perfectly regular despite its unpleasant state of preservation, she knew what she was doing. (Some of the look of it must just be the photography, in any case. I have another picture of the same charter that isn’t half as bad, though black and white, so I guess that this one has been treated for increased visibility; I’ve applied nothing more than a bit of extra contrast myself.2) We only have the one document signed by Alba, but that may just be because she wrote for laypeople, although it could instead be that she was one of the literate women the sources occasionally show us, whom Zimmermann almost always prefers to deny, and got called in to write where others could not. It’s a neat and perfectly normal if quite thick charter hand, though, so I doubt that.

A second Riuprimer charter of 1044

Witness this very similar-looking document by the scribe Arnau in the same place a couple of months earlier, it being Ramon Ordeig i Mata (ed.), Diplomatari de la Catedral de Vic (segle XI) (Vic 2000-2010), 6 fascicles, doc. no. 1026 and lámina 95.

All the same, it bothers me. Look at the left margin of the first document and you will quickly see that this is an example of something I have seen before at Vic, where two documents are written transverse on the same long strip of parchment.3 In the other case I have, the same scribe wrote both, which helps to explain why the same parchment was available to two different sets of transactors (and raises serious but unanswerable questions about archiving—were these people storing their documents with the scribes that made them, like later Italian notaries?4) And it looks, from what very little we can see of the script of the left-hand document, as if it’s the same hand here as well. But Zimmermann, and perhaps more significantly given that author’s tendency to push women out of his account, the index of scribes in the Vic edition of their eleventh-century charters both maintain that Alba wrote only one known document, so I’m willing to bet there’s another scribal signature on the left-hand one. Obviously I need to see it to be sure, but if so, as Mark Knopfler once sang, “Two men say they’re Jesus, one of ’em must be wrong”: either one of the scribal attributions is fictive, or there’s some really similar handwriting around Riuprimer in the 1040s.5 I can’t say any more without seeing it, but which would you guess?

Arxiu Capitular de Vic, calaix 6, nos 242 & 243

Arxiu Capitular de Vic, calaix 6, nos 242 & 243 in happy union, click through for (slightly) bigger

Also worth thinking about: if one of the names is fictive, why? When this happened at Sant Joan de Ripoll (that is, when a scribe can be seen to have written a document that has someone else’s name at the bottom) it’s because the person whose name goes at the bottom was the abbey’s apparent chief scribe.6 But that doesn’t really work when they’re both on the same parchment, and whether we see here a woman asserting her right to have writing that she had done and never mind the lazy notary (perhaps her father? I’m not sure if an unmarried woman would sign as femina, I’ve never quite figured out what that appelation means when it’s used), or rather a notary with a narky female client who wanted it noted that she could have written the document even if she hadn’t, we also need to explain the fact that this was not apparently rendered daft bu the other scribe’s signature. OK, if there is one. I think I have now hypothesized as far as my lack of evidence can take me…

The final version of this post was brought to you with the aid of Krankschaft, III, which is excellent.

1. 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.

2. Ramon Ordeig i Mata (ed.), Diplomatari de la Catedral de Vic (segle XI) (Vic 2000-2010), 6 fascicles, doc. 1031 and lám. 96.

3. Arxiu Capitular de Vic, cal. 6 nums 242 & 243, printed most recently in 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 1718 & 1719.

4. See Reinhard Härtel, Notarielle und kirchliche Urkunden im frühen und hohen Mittelalter (Wien 2011), pp. 163-171.

5. Dire Straits, “Industrial Disease” on Love over Gold (Vertigo 1982).

6. Jonathan Jarrett, Rulers and Ruled in Frontier Catalonia 880-1010: pathways of power (Woodbridge 2010), pp. 29-30; Federico Udina Martorell, El Archivo Condal de Barcelona en los siglos IX-X: estudio crítico de sus fondos, Textos 18/Publicaciones de le Sección de Barcelona 15 (Madrid 1951), p. 205.

Sometimes justice really was blind

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

Seminar CLIII: working on and out the North Italian landscape

It’s seminar report time again, and this time it was back down to London for the Earlier Middle Ages Seminar at the Institute of Historical Research where, on 7th May 2014, Professor Ross Balzaretti was presenting with the title, “Early Medieval Charters and Landscapes: Genoa and Milan compared“. This is of course meat and drink to me as if there’s anywhere that has nearly as many charters left from the early Middle Ages as does Catalonia it’s Italy and the Mediterranean climate and mountainous landscapes the areas share made a lot of what Ross was saying seem comfortingly familiar.1 Insofar as Ross was out to make converts, therefore, he was not preaching to me, but I can at least join in with the hymns.

Terraces at at Corniglia

A Ligurian landscape of the sort that Ross has written about, this one being terraces at at Corniglia, man-made and nature overlaid and intercutting

The basic contention of the paper was that we can use charters as sources for landscape use and economic activity in a north Italian context, which is just as well as we don’t have a lot else left with which to do it given how intensely those landscapes have mostly been worked since the Middle Ages.2 The argument against such use of charter evidence has usually been that the documents are so formulaic that their detail can’t be trusted, to which the counter is that they vary a very great deal, and Ross was able by his comparison to show that the formulae, if that’s what they are, vary so much between Milan and Genoa that even if they’re formulae they must reflect considerable local differences in what formulae apply, so that in fact the level of choice would have to be such that it’s simpler to assume that what is making the variation is the actual landscapes concerned.3

Olive-groves at Castello Rosso, near Genoa

Olive-groves at Castello Rosso, near Genoa

As to that variation, it is quite marked. Genoese charters make much more of trees and Milanese ones more of fields for cereals. Both were producing in a specialised fashion, implying a market presumably dominated by the big towns whose hinterlands we were hearing about, but in Genoa the specialist product was olive oil and Milan it was much less focused (though that may be not least that at this point Milan was rather bigger). But the specialisation was also partly geographic: there are more mentions of terracing around Genoa not just because the charter scribess round there liked that formula but because the land requires it, being much more sloped than around Milan. Around Genoa the work to make the land yield food is very evident in terms of work contracted or expected and boundaries revealing it already done. Milan looks more domestic, as if less co-dependence was necessary to make a living here. And so on.

Parco Agricolo di Milano

There is now an agricultural park outside Milan, apparently, which lets me show you the other kind of landscape in play here as well

All of this rang very familiar with me because of the similar, if lesser, variations I’d been seeing between the lands owned by San Salvatore di Brescia in the Santa Giulia polyptych, so much discussed a little while ago. Here as there, of course, another way to see the variation is as between people, making different decisions about how to make their living, and charters do have that advantage that the polyptych does not, that you can usually put names to these individuals. But that doesn’t mean at all that I thought Ross’s focus on the landscape was misplaced; the countryside these people worked was the silent partner in all their actions, and the charters let you get at something of that too.

‘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.