Category Archives: Charters

Society for the Medieval Mediterranean 2015 (in Lincoln), parts 2 & 3

[Context: this post was half-written before I ground to a complete halt in hiatus last year. It’s clear that I can’t continue this scale of write-up, but because it was part-done, and because it involves the recently-lamented Simon Barton, I want to do this last one as it was meant to be done. I am, however, combining what would originally have been two posts, because this is an indulgence I can’t go on permitting myself. After this, we can talk about what happens next but I am hoping, hoping that this is the cough of the blogger’s virtual throat being cleared before saying something in a more regular fashion. We’ll see, but I have hopes and reasons to do it and that’s a powerful combination. This post’s still a composite hodge-podge, though, so I’ve added headings to show where its layers separate.]

The Voice of October 2016

This is, as grimly predicted, the busiest term ever in my life so far, and at some point in it I’m moving house! Yay! Before that point, I can at least crunch out a few more posts, though, I hope [Edit: ha!], and the next in the queue is a report on the second day of the conference of the Society for the Medieval Mediterranean, which as you will recall was in Lincoln in mid-July 2015. This post deals with the papers and so on from the 14th July, and then we’ll talk about something completely different before returning for the third and final day. [Edit: no we won’t, it’s all happening here.]

Brayford Campus of the University of Lincoln

The Brayford Campus of Lincoln University, just for context

There were up to five parallel sessions running at all times except during the keynotes in this conference and so there was always plenty to choose from, including plenty of early medieval. As it happens, I underestimated the time it would take me to get from my (rather good) bed and breakfast to the university and so missed the first paper I’d chosen to see, which was a shame but at least, as its presenter told me, it was substantially the paper I’d seen him give in Leeds. Nonetheless, the questions seemed to reach to different things and I was sorry I hadn’t seen this version. The session as it happened, even where I didn’t see, was like this.

Law in the Post-Roman West

  • Graham Barrett, “Legislation and Codification after Rome”
  • Michael Kelly, “Transhistoricality in Early Medieval Hispania: Law as Narrative and Cultural Episteme”
  • Thomas Gobbitt, “Framing the Laws: prologues, epilogues and peritext. The Liber Leges Langobardorum in the Eleventh and Twelfth Century”
  • So as said, I missed Graham pronouncing his wisdom, but it got a better hearing here than it had at the slightly odd session in which it had been aired at Leeds, and his paper dominated discussion, so it’s worth reprising its central point, that law after the end of Empire in the West was probably mostly used in small bits, which were occasionally recombined into codes but used quite differently in the field (or in court). Questions focused on issues of formality of, well, issue, and the audiences for the different sorts of law people were detecting bundled into codes like the Salic Law, and this discussion also included Graham asking what the difference is between a ‘capitulary’ and a ‘novel’, a question that could only matter to a legal historian you’d think but has everything to do with our confused relationship with the Roman Empire, both imitative and successive.

    I didn’t really understand Michael Kelly’s paper, I will confess. It may, from my notes, have been intended to argue that all our sources were constructed by their authors to convey a particular version of the past, not reality, and that our sources therefore are really only sources for their context, the Visigothic Law being no exception and very full of contemporary bias that belies its deliberate impression of antiquity, in which case OK, but phrases like, “transhistoricality must be a purely discursive phenomenon,” meant that I’m not sure.

    Lastly Dr Gobbitt gave us a spirited run-through of the survival of Lombard laws in the eleventh century in the form of a text known as the Liber leges langobardorum [sic], which gathered up the Edict of Rothari and various other bits of genuinely Lombardic legislation along with some laws of Charlemagne and a reasonable salting of historical material (much of it already travelling with Rothari), apparently all for study at or around Pavia in a kind of pre-Bologna legal college. He too emphasised variation: no two of the seven eleventh-century manuscripts gather quite the same materials or lay them out in the same way. This stuff was of interest to a range of people but their purposes were not all the same. Quite what those purposes were was work still to be done but the evidence base seemed well established.

Justice and Judicial Practices in Early Medieval North-Western Iberia (II): punishment and justice in Castile and León

  • Julio Escalona, “Follow the Money? Justice and Authority in the Sanction Clauses of Tenth-Century Castilian Charters”
  • Álvaro Carvajal Castro, “Authority and Liability in Ninth- and Tenth-Century North-Western Iberia: the evidence from the sanction clauses”
  • Igor Santos Salazar, “Rule Through Courts: the settlement of disputes in Castile and Tuscany during the tenth-century”
  • It would probably be hard to pick three Iberian-peninsula scholars who have worked harder to link up with other areas and fields, and especially the English-speaking world, than these three, but because of the occasion they had a substantially Iberian-peninsula audience too and this was probably as close as I shall get to attending a seminar in Spain until I can take a year out to improve my spoken languages or something, which is to say, valuable. Not least, of course, because this was effectively a charters session! Julio’s was illuminating: doing more or less the exercise I had done the previous year with Vic’s charters by going through the clauses in which they lay down what will happen to those who infringe the charter’s provisions, he noted that alongside the threats of excommunication, less common in sales than in donations as I too had found, there are many fines, levied largely in the name of the king. This being tenth-century Castile, however, the king was far away, and the count doesn’t turn up as much as you’d expect and was not clearly a royal delegate for these purposes. Instead, the money seems to have gone to local lords whom we otherwise struggle to identify, those much-vaunted ‘local élites’, domini, whom Julio argued should be the focus of our questions about community formation in these areas rather than the traditional village grouping of the alfoz. This paper had some seriously subversive connotations bubbling up out of those sanction clauses.

    Álvaro had meanwhile done something similar with charters from further west, in Asturias-León, and found a judicial system anchored in the same ideas but based very much on guarantee and surety, whether explicit or implicit; instructions on who was to pay if something went wrong show no particular regularity over whether actor or recipient, or either of their families, was expected to be liable. Instead, we have to assume that these situations were being judged, negotiated and arranged according to how people felt the various options which the traditional legal library gave them were best deployed in each case. Igor, meanwhile, lacking a precisely comparable charter base in Tuscany, looked instead at the actual trials there and in Castile, which was valuable because unlike in Julio’s documents, the counts of Castile rarely appear in actual court cases; instead, again, their roles were delegated down to locals, this presumably being one way in which the counts attached themselves to such communities via the local headmen whose station they thus enhanced.

I am absolutely fine with this, but what was interesting was the comparison with Italy, where Igor saw the same trick being played with a different deck of cards, a working system of public courts becoming less effective in the face of decentralising power and being met with a recentralisation via an overhaul of that system that linked local ‘judges’ to the kingship. There is here a bigger dynamic about what failing states do to regain traction in their localities, I think, and it’s one we could probably do with taking out and showing people. The role of the king was quite different in the two cases, being distant in Asturias and active in Tuscany, but then, the kings in Italy were already a local response to detachment from the bigger system of the Carolingian Empire to which, in its Ottonian form, attachment would soon resume… I think it works! And I’m also not sure I realised this at the time… That may of course have been because I had other things on my mind right then, not just lunch though that did indeed come next, but my own paper, because I was in fact up next, in this august company.

Medieval Iberia

  • Jonathan Jarrett, “Ceremonies of Property Transfer in Carolingian Catalonia: a model of documented transaction”
  • James d’Emilio, “The Formulaic Clauses of Charters: tradition, variation and originality”
  • Laura Cayrol Bernando, “« Hermana del emperador »: (re)constructing the memory of the Infanta Sancha Raimundez (d. 1159)”

The voice of January 2018 now takes up the story…

    Predictably, my own paper in this session is the hardest for me to remember because I wasn’t making notes, but I’ve just re-read it and gosh-darn if it isn’t actually one of my better ones and I should probably send it out. What I was doing was something I’ve stabbed at here already, gathering up all the various testimonies I know from Catalan documents to the phenomenon specialists call reparatio scripturae, the replacement of documents that had been lost, and arguing that there is here evidence that not just churches but lay people went to some effort to get their friends and neighbours to remember not just the existence of charters but their actual textual content, and wondering what those efforts might have looked like. Josep María Salrach has already thrown a sentence or two away on this, but in the words of the late Captain Beefheart, “there’s more.” As I say, I should do something with this. Any suggestions?

    Monastery of San Julián de Samos

    It’s hard to think of images for a lot of these papers, given how much they were about concepts, but Professor D’Emilio’s one was at least partly located here at the monastery of San Julián de Samos, so here’s a picture! By José Antonio Gil Martínez from Vigo, GaliciaFlickr, CC BY 2.0, Link

    As to the other two speakers, James D’Emilio was on similar turf, but much later and in Castile; I was concerned about the apparent use of written formulae in my texts, but he can place some of his, from the Bible and Isidore of Seville. As that implies, his texts usually had grander aspirations and participants than mine, kings and bishops, but it’s still something to watch out for: who says charter formulae have to start in charters? Then Laura Cayrol Bernando looked at a different kind of creation of memory, using the vexed question of just what the infantado that royal heiresses in high medieval Castile held was, to expose quite late medieval processes of sanctification of female royal donors by their commemorating churches that have, basically, created the problems with that question. In the process, however, it showed how some family ties were remembered much longer than others because things like this hung upon them and so had active memorialisers. Because I was facing them, I don’t have much of a record of the questions from this session, and so without further ado I move on, as did we, to the second keynote address of the conference.

Keynote 2

Andrew Marsham, “Rituals of Accession in Early Islam: a comparative perspective”
With us all gathered in the same room again, Simon, may he rest well, introduced Andrew Marsham, who somewhat cautiously introduced his own attempt to imitate Jinty Nelson‘s early work on rituals of royal inauguration.1 Resting explicitly on that, he set out to try and compare her early medieval West to both Byzantium and Islam, using the moments at which a king, emperor or caliph assumed power to expose what people thought was most important about that office. He argued that all three political zones shared the Judæo-Christian inheritance of a conviction that power ultimately came from God, making the ruler in some way the representative of God on earth. In the West, this became a link that was mediated through the Church, by coronation and unction, even to the point where without the cooperation of churchmen kings could not in fact assume power sometimes; the same struggles do occur in Byzantium but the Church was never so clearly separate from the ruler’s control, and in Islam of course there is no Church, no liturgy as such, making other rituals like handclasping and popular acceptance much more significant, though they did operate in other areas too. Dr Marsham argued that what the caliphs lost, or saved themselves from, by not having that apparatus of religion to serve or obstruct them they however compensated for somewhat by also being the heirs of the Sasanian Persian monarchy, from which they could draw the representations of higher and divine power without which their office might have struggled to be free of direct interference from the ‘umma. I make this sound less tentative than I remember it being, but I didn’t think there was much wrong with it; Dr Marsham had been careful in stepping outside his own area and it was a thought-provoking lecture.

The Old Palace Hotel, Lincoln

The Old Palace Hotel, Lincoln

With that complete, we then wandered at varying length to the Old Palace, where a rather splendid dinner was set before us. I can remember thinking at point of registration that the cost of the dinner was fairly high, but the setting alone quickly explained why, and the food didn’t fall short either; looking back, I think that was probably money well spent. There were two sessions the next morning before we all dispersed, with hard choices to make about what to go to, but you’ll quickly see why I chose as I did. First up!

Justice and Judicial Practices in Early Medieval North-Western Iberia

  • Iñaki Martín Viso, “Authority and Justice in the Shaping of Asturleonese Monarchy”
  • Robert Portass, “Levels of Justice in Tenth-Century Northern Spain”
  • Fernando Luis-Corral & María Pérez Rodríguez, “Local Communities and the Uses of Justice in the Kingdom of León”
  • These are, as you can tell, my kind of questions and being asked of my period in a neighbouring area by some of the hot names in the field, so my choice was clear. Iñaki was looking at Asturias in its ninth-century expansion, and observing that while the kings are a big part of that so are counts and other nobles; he saw a difference between them in that the kings were always the highest court of judicial appeal, and managed often to claim overall hegemony in areas of new settlement even if they didn’t orchestrate it, but that even out there there were still areas where the kings held and could grant no lands because a count or a bishop had got there first; he pointed at Astorga and Coimbra for this. The following, and interesting, process, would thus be the one by which the various non-royal officers of justice in these areas were brought to recognise the king as their superior… Rob then brought out the judicial hearings from his pet area of Liébana, and argued that although office-holders like counts were visible in them they were often not the ones holding the court, which could be done by various individuals who had no ‘official’ right we can recognise except that they owned a lot of the local land; the local monastery was only one of these. Categories like ‘public’ and ‘private’ are really no use here, therefore. The paper involved a guy called Bagauda about whom I’ve written here before; I then thought that the obvious explanation of his position was that he owned the land the victims lived on, but Rob says that ain’t necessarily so. I need to read his book!2 And the last paper was a study of the enigmatic figures known as ‘worthy men’, boni homines, in the Iberian Peninsula’s charters, asking whether they were the tools of local communities or the means by which aristocrats asserted power over those communities. They concluded the latter, but without much attention to who the people in question actually were and how their position was manifested, and I felt quietly that if the speaker and his co-author had read, well, me, they’d have a more useful way of approaching this question.3

But the real worth of this session was the discussion, which was lengthy and erudite. I started by raising the point that power in Rob’s area need not have been solely economic, which Rob answered with a reflection about what actually made power here, and whether the ability to coordinate process or the ability to defy it was more ‘powerful’. I don’t think question an answer linked but both were good points if I do say so myself. Igor Santos asked if the fact that the winners write history means that we can’t see the weak in these trials, only the strong, but Iñaki asked if the Church, which is our source of record, must always be the strong party, and here again (as you may know) I agree. There then followed a lengthy tangle over what constituted the ‘public sphere’ in this area in this period, and specifically how the written law fitted into this, which was certainly not everywhere, and whether there was one ‘public sphere’ or many local senses of public practice, both questions raised by Julio Escalona. I suggested, as had Graham Barrett earlier, that law and custom were not necessarily separate either; the written law could be invoked as custom. But especially, because at this point I was still tangling with the questions about how someone powerful on the outside manoeuvered themselves into a local position of power in the frontier zones here at which I wrote at such length here a few years ago, I was interested in who set the limits of public office, and here Iñaki made a useful differentiation between sorts of royal property and rights that got me thinking, which Julio followed with the idea that kings and counts together tended to limit the number of people who could claim comital status. In both cases, it seemed to me (and seems) the crucial operation is to get other people recognising the rights you claim in your office. Afterwards, over coffee, Julio, Rob and I all agreed that this can be seen as convincing people that the public sphere you claim is the same one that they recognise. This is what the Asturian kings, and also the counts of Barcelona, achieved in the ninth and tenth centuries and I still want to know how. Then, onwards to the last session!

‘Del tuerto al dretto’: bridging the gap between lawcodes and society in the medieval Mediterranean world

  • Jeffrey Bowman, “Women Administering Justice in the High Middle Ages: a divergence of rule and practice”
  • Rodrigo García-Velasco, “Municipal Law at the Iberian frontier: the evidence of the fueros and cartas de población during the Iberian Reconquista, c. 1050-c.&nbsp:1150″
  • Belen Vicens, “Infançones, franchos, and Wannabees: rethinking status and identity in late medieval Aragón”
  • Here, of course, I had to be because I have learnt a lot from one of the participants, taught another and knew nothing of the third, all good reasons and the more so once combined. Professor Bowman was pointing out an obvious but neglected thing, that though as far as most of the rules on the subject we have from the Middle Ages say that women could not sit in judgement over men, they did nevertheless sometimes do so in the persons of countesses and viscountesses and probably more. Sometimes people argued about this: a legal specialist dealing with Matilda of Canossa wisely decided that her office carried the jurisdiction but in a case involving Ermengarde of Narbonne it went all the way to the king of France, who used it as a way to claim Narbonne as part of the French crown! There was, basically, usually a way to make it work whatever the rules said and fighting it as illegitimate doesn’t usually seem to have worked, which is worth keeping around to think with.

    Cathedral of SS Just & Pastor, Narbonne

    I like this picture of Narbonne Cathedral so much that even this weak excuse will do to use it again. By Benh LIEU SONG (Own work) [CC-BY-SA-3.0], via Wikimedia Commons.

    Rodrigo was looking at the various concessions of rights and local jurisdiction by kings that we group as fueros, a term that has come simply to mean ‘laws’ so commonly were these issued, and asking where the balance of power lay between the locals whose rights were here asserted and the kings who apparently granted them. He argued, however, that the texts we have represent a step after the balance had been found and agreed, and that the real processes of power lay in the circumstances that had led to the text’s issue. Again, the question of how to convince a potential subject you and they shared a sphere of power arises, which is of course why I cite Rodrigo’s work sometimes, but there was argument in questions about whether the fueros were somehow a bridge between the two public spheres or just an incentive dangled before the ungoverned by those who would govern them.4 Then the last paper looked at an episode of 1248 in which a number of people claiming free status were reduced to serfdom by royal judgement; the speaker argued that this was an exercise of consolidation of definitions of freedom which had previously been vague, imposing rules which left some people on the wrong side, and that trying to read the rules back from such cases was a mistake. That was why there needed to be a hearing! Well, maybe, but it was a good place to end.

And since thereafter we all said our goodbyes and dispersed, me towards the rather splendid cathedral—possibly the most impressive in the UK, but I sadly without my camera—and then the railway station, it’s where I have to end too, closing an era of far-too-intensive reporting in the hope that you can see why I found it all worthwhile to do. Next post: the new régime!

West front of Lincoln Cathedral

Likewise this one! Lincoln Cathedral’s west front, by Anthony Shreeve public domain via Wikimedia Commons

1. Collected in Janet L. Nelson, Politics and Ritual in Early Medieval Europe (London 1986).

2. It being Robert Portass, The Village World of Early Medieval Northern Spain: local community and the land market, Royal Historical Society Studies in History: New Series (Woodbridge 2017). In fact, two different journals have asked me if I wanted to review this, and I said no, partly because I know Rob too well, partly because I didn’t have time and mainly because I had already got myself a copy when I finally got round to paying my first subscription to the Royal Historical Society, which published it. Of course that still doesn’t mean I’ve read it, but I do intend to!

3. Specifically, if they’d read Jonathan Jarrett, Rulers and Ruled in Frontier Catalonia 880-1010: pathways of power, Royal Historical Society Studies in History: New Series (Woodbridge 2010), pp. 35-36 & n. 55.

4. The work of Rodrigo’s that I cite is his “Legislation and Resistance: limitations of royal power on the Catalan and Aragonese frontiers, 986–1134”, M.St. dissertation (University of Oxford 2013), which I had the fun of supervising, but I think he would say that his thinking has moved on a bit now and I await the completion of his doctoral thesis keenly! No pressure, Rodrigo…


Society for the Medieval Mediterranean 2015 (in Lincoln), part 1

Medieval depiction of the city of Genoa

Masthead image from the conference website, a medieval depiction of Genoa whose source I can’t track down

We’re back into term and there’s even less time available for blogging than usual, but there is a huge backlog still, and so I suppose it behoves me to slog onwards. I went to a lot of conferences the summer before last, and it’s the, er, fourth of them that’s up next, which was the 2015 meeting of the Society for the Medieval Mediterranean, held at the University of Lincoln over the 13th to 15th of July. The title of the conference was Law, Custom and Ritual in the Medieval Mediterranean. Despite this, I hadn’t straight away wanted to go, mainly because it fell straight after the International Medieval Congress and I rightly expected to be exhausted, but Lincoln is nice and the conference programme was also full of people from Spain I wanted to meet or be met by. Also, in retrospect, since of the fifty-four papers five, at a stretch, mentioned Catalonia, and one of those only Catalunya Nova, I almost had to speak just to show the flag… So I was there, and this was a good decision.

West front of Lincoln Cathedral

The cathedral is at least five good reasons to go to Lincoln, but I seem not to have taken a camera with me, so you’ll have to make do with this one by Anthony Shreeve, public domain via Wikimedia Commons

We began at a civilised hour on the 13th, which is to say after lunch, and then I made what will immediately seem an obvious decision for those who know me, which was to go and hear Wendy Davies. The session broke down like this.

Judicial Practices in Early Medieval Northwestern Iberia (1)

  • Wendy Davies, “Partial (? and Impartial) Records of Judicial Practice in Northern Iberia pre-1000”
  • Isabel Alfonso, José M. Andrade and André Evangelista Marques, “Recording Judicial Information: a comparative approach”
  • Wendy set up a distinction between full records of court proceedings, which in her tenth-century north-western area as in my tenth-century north-eastern one tend to be full-size formal records redacted by the winners with an often extensive narrative explaining how the winner was right (sometimes not so extensive, but…) and, on the other hand, informal notes of process which we find, when we look, quoted in other texts or jotted in the margins or on the dorses of our more formal charters, less constructed but sometimes more formulaic, sometimes being verbatim copies of oaths, agreements to come to a further hearing and so on. I seem to have asserted, as per usual, that we could find this in Catalonia too, but looking back now (at a point when I am running unusually dull of brain, I should admit) I struggle to think of some and it sounds as if Wendy has more. All good reasons to read her new book, anyway!1

    A marriage pact of 951 witnessed by the newly-succeded King Ordoño II in 951, Madrid, Archivo Historical Nacional, Carp. 1430 N.16

    This is not a charter of the right sort, but it is at least a charter from the right monastery, Celanova, and the right period, being a marriage pact of 951 witnessed by the newly-succeded King Ordoño II in 951, Madrid, Archivo Historical Nacional, Carp. 1430 N.16. and what a charter it is!

    The second paper I was keen on seeing just because I have used José Andrade’s work, had occasional second-hand encouragement from him and wanted to meet the man, and he and his colleagues turned out to be presenting a new database, which should now be live though I can’t find it I’m afraid, and this had meant them having to think very hard about categories (which is, of course, one of the problems with that otherwise noble endeavour). They wound up with nine categories of which one was ‘mixed records’, which is how that usually works; it turns out that what people did doesn’t fit what we want to see… The database, anyway, includes the documents from the monastery of Sahagún as was and the much smaller but in some ways more interesting one of Otero de las Dueñas; Otero’s sample is much smaller (including physically) but far more of their records are judicial, and show a generally lower social level of action, local courts with decisions made by local worthies whereas Sahagún increasingly went to the king for its resolutions. Other components of the sample are the monasteries of Samos and Celanova, where the situation is partly inverse in as much as royally-founded Samos has much less information for us. Again, however, the smaller house preserved a greater proportion of lawsuits, including ones where they lost. The final components are the gathered samples from what is now Portugal, handled by André Evangelista, who compared the monasteries of Moreira and Guimaraes to a very similar effect: Guimaraes has less stuff but 40% of it is judicial records, all admittedly after the event, formal records as Wendy would have it. A short conclusion might be: if as a monastery you didn’t have wealth, you held power more aggressively.2

Interior view of the cloister at the Pousada Mosteiro de Guimaraes

The current state of the monastery of Guimaraes, which is to say, a rather expensive hotel

In discussion, however, the speakers were all keen to stress that the situation they had depicted changed a great deal in the eleventh century, not least because of King Alfonso VI. Here again, I feel sympathy; there is a divide between the societies I study and those of 1100 onwards that is, I think, why I find some kind of feudal transformation narrative compelling even as I disbelieve it in detail. People did things differently thereafter… Anyway, then after coffee from the mundane to the eternal, in subject matter at least.

Orthodoxy and Deviance

  • Elena Nonveiller, “‘Paganism’ in the 7th Century in Byzantium: the dynamics of exclusion and inclusion that defined Orthodoxy”
  • Laura Carlson, “Written & Oral Forms of Public Penitence during the Adoptionist Controversy”
  • Ms Nonveiller gave us a close analysis of the Council of Trullo of 692, in which Emperor Justinian II (of whom we have heard) tried to do a general regulation of belief that included, among other things, measures against Judaism and pagan practices. The word used for pagan in the council acts (which never got actually cited, so I can’t tell you where to find them) is apparently ‘hellenikos’, i. e. Classical Greek, but many of the usages they sought to ban were not Classical as far as we can tell, things like leaping over a fire at your door for the new year. Ms Nonveiler sought to reimpose the separation of origins that syncretism had, for her, by this time erased, and suggested that this custom was probably Jewish or Slavic; I saw no reason why it shouldn’t be local to wherever the relevant churchmen had found it, myself, and in general thought that tracking this stuff through texts was unlikely to relate much to what the people doing it actually thought. Ironically perhaps, Ms Nonveiller closed by noting that many of these provisions had to be repeated in the next council, and so were perhaps too theoretical to affect practice! But, warned by Carolingian precedent, I asked whether much of the council’s condemnations were themselves repeated from earlier texts, and of course it turned out that many of them were. A Western perspective would probably see this much less as active legislation and much more as an imperial performance of orthodoxy, speaking out against well-recognised bad things whether they were still happening since their first condemnation three centuries before or not, and I’m not sure that Westerner would be wrong.3

    Bibliothèque Carnegie de Reims, MS 385, fo. 134r

    The beginning of the profession of faith of Bishop Felix of Urgell, in Reims, Bibliothèque Carnegie de Reims, MS 385, fo. 134r

    Laura, meanwhile, had found in a single Reims manuscript apparently (of course, constructed for Archbishop Hincmar) a copy of Bishop Felix of Urgell’s final profession of faith.4 For those who don’t know him, Felix had been both the Carolingians’ main bishop in Catalonia when they took it over and, as they saw it, a dangerous heretic, being part of the Adoptionist movement that had grown up in the peninsular Church. He was repeatedly made to disavow this belief but somehow remained in office with it until 799, which is the date of this letter. And it is a letter, to his canons (who are listed, very exciting for me), assuming the state of a penitent and thus demitting his office. Laura proposed that this was effectively a public penance by letter, making it known through to all that he was defeated and that he admitted Adoptionism was wrong, effectively pouring poison into his network but also, as I argued in discussion, opening the way for a Carolingian-approved election at Urgell. By contrast, his previous two confessions could have been considered ‘private’, a compromise intended to allow him to stay in office as the Carolingians’ agent. In 799 that was apparently decided insufficient and he was made to take this step of self-removal, but as Laura also pointed out, since the Carolingians were then reforming the practice of penance, by 800 it would have been impossible.5 Nonetheless, the situation and the fact that Felix quotes the profession of faith of none other than Patriarch Nestorius of Constantinople, as condemned before Emperor Theodosius II at Ephesus in 431, made this council of 799 a kind of mirror of that one in which Charlemagne got to play Theodosius ending the divisive heresy in his lands. Again, I wonder how much Felix’s real practices mattered here against the possibility of the soon-to-be-imperial performance of orthodoxy…

    Alfonso X of Castile and his court, as shown in the 12th-century Libro de los Juegos

    Alfonso X of Castile and his court, as shown in the 12th-century Libro de los Juegos; from Wikimedia Commons

    Finally that day, we were treated to a keynote address by Professor Simon Doubleday, entitled “Illegitimate Concerns”. This was a lecture about bastardy, with specific reference to King Alfonso X of Castile, the Wise. Although his father Fernando I reportedly advised him to remain chaste, this seems to be something Alfonso had trouble with; as well as being betrothed to Yolanda, daughter of King Jaume of Aragón in 1246, marrying her in 1248 and starting to have children soon after, he was by then already father of one Beatriz by a long-term partner. At the point of Alfonso and Yolanda’s marriage, therefore, poor Beatriz, aged 8, was shipped off to Portugal to marry King Afonso III, despite him already being married. It’s complicated, as they say. But the point of the lecture lay in the relationship that King Alfonso and Beatriz maintained, especially after the coup that temporarily deposed him, during which time she came to live with him (although one may suspect that the 300 troops she apparently brought with her gladdened the king’s heart nearly as much). It doesn’t seem to have been a problem for the king to recognise that tie, nurture it with gifts of lands along the Portuguese border or exploit it in time of trouble, even though the law, to which of course Alfonso added, was pretty clear that children born out of wedlock had no real rights in the face of those legitimately born. Professor Doubleday wondered, therefore, where we’d lost this relative generosity to the illegitimate, and with those musings we wound up the day and headed for the wine reception, with brains pleasantly full.

    1. You didn’t know Wendy had a new book out? She does, and it is W. Davies, Windows on Justice in Northern Iberia, 800-1000 (London 2016). I need to read it before the end of term somehow, too…

    2. This must also be cyclical, and relate to Jinty Nelson’s long-ago point about how it takes time for monasteries to grow roots in the community, so they start by buying lands and only then go on to receiving donations and fighting people for their rights; see Janet L. Nelson, “Women and the Word in the Earlier Middle Ages” in W. J. Sheils & Diana Wood (edd.), Women in the Church: papers read at the 1989 summer meeting and the 1990 winter meeting of the Ecclesiastical History Society, Studies in Church History Vol. 27 (Oxford 1990), pp. 53-78, and indeed for early medieval Iberia 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.

    3. That Westerner would only have had to read Patrick Wormald, “Lex scripta and Verbum regis: legislation and Germanic kingship, from Euric to Cnut” in Peter Sawyer & Ian N. Wood (edd.), Early Medieval Kingship (Leeds 1977), pp. 105-138, but let’s remember how long it took me to do so I suppose…

    4. As in the caption above, this is Reims, Bibliothèque Carnegie de Reims, MS 385, fos 134r-138r and followed by a letter of his fos 138r-140r. If you care about such things, Archbishop Hincmar of Reims signed the bottom of fo. 136r…

    5. See Rob Meens, “The Frequency and Nature of Early Medieval Penance” in Peter Biller & A. J. Minnis (edd.), Handling Sin: Confession in the Middle Ages (Woodbridge 1998), pp. 35-61, and on the controversy over Felix and his beliefs, John C. Cavadini, The Last Christology of the West: Adoptionism in Spain and Gaul, 785-820 (Philadelphia 1993), a book I wish Pennsylvania University Press would reprint as there is so little else in English on this and it’s really expensive to get now.

Leeds IMC report for 2015, part 2

Back to the conference reportage, then, and far from the end of that too; you can probably imagine how much I want to be through this backlog, so I shall launch in and try to be brief… But the second day of the 2015 International Medieval Congress was a good one for me, as the sessions I went to covered pretty much the range of my interests and mostly they had people in I’ll go out of my way to hear talking, too. It unrolled like this.

539. Texts and Politics in the Long 10th Century, I: the Western kingdom

  • Horst Lößlein, “Establishing Rule: Charles the Simple and the cases of Western Francia and Lotharingia”
  • Fraser McNair, “Histories in Diplomas: kings, archbishops, nobles and the disputes over St Servatius’s abbey, Maastricht, 898 and 919”
  • Ed Roberts, “Religious Patronage in the Reign of Louis IV: dynasty, memory and the monasteries of St-Corneille and St-Remi”
  • When I started in on this whole research thing there was approximately one chapter about tenth-century Francia that had been written in my lifetime, so it’s really good to see people interested in working over the difficult evidence of the period and trying to understand how we got from the imperial break-up of 887 to something quite like France, Germany, Italy and Flanders a century later. This is partly the fault of Geoff Koziol, who was invoked in all these papers, but the pieces still need assembly.1 Each of these speakers had a piece, Dr Lößlein looking at the patterns of attendance at King Charles the Simple (899-923)’s courts and noting that although Charles was able to fight and negotiate his way into his secondary kingdom of Lotharingia, his inability to cow Duke Robert of Neustria, his eventual and short-lived successor, meant that there were large areas of his main kingdom of the West Franks where Charles could not actually go.2 Not just Robert’s territories, too, I might have added, but the difference is that he had to work with Robert nonetheless, whereas he could wait for people from south of the Loire to come to him. Fraser, an old friend by now, appealed to my scholarly heart by pointing out that there are narrative sources for the early tenth century in Francia, they’re just in charters, and he showed the different spins that court and Archbishops of Trier put on one particular dispute when thus recounting it. I enjoyed this, but especially for the subtle observation that Charles the Simple’s diplomas stress consensus and participation much more than those of his predecessor in Lotharingia, King Zwentibold. Fraser may get me to revise my opinion of Charles yet. Lastly, Ed, who noted how difficult a relationship Charles’s son, the unlucky but dogged Louis IV, had with the legacy of his father, whose reign had ended in civil war and imprisonment by his magnates, something which Louis at least suffered only briefly. Ed argued that Louis made his own way rather than pursuing a ‘Carolingian’ policy and having now taught his reign, I’d be inclined to agree. Questions here revolved mainly around the Spanish March (I bet you can’t guess who asked that one) and queens, since Louis’s queen Gerberga seems to have been an awful lot of his support thanks to being sister of King Otto I of the Germans.3 All of this, I think, goes to show that the pieces are there, it just needs people to find the work interesting enough to make it so to others.

    Ottonian family tree from the twelfth-century Chronica Sancti Pantaleonis

    A rather wonderful Ottonian family tree from the twelfth-century Chronica Sancti Pantaleonis, image public domain via Wikimedia Commons. Note how Gerberga and her children appear but no mention is made of her unlucky husband…

Then coffee, and then a session about which I had no choice, because I was moderating it, but didn’t need one because it was also really interesting.

641. Re-Formed Coinage, Renewed Meaning: using, imitating, and disposing of Byzantine coins far beyond imperial frontiers

  • Lin Ying, “Byzantine Gold Coins in Chinese Contexts: three approaches”
  • Florent Audy, “Scandinavian Responses to Byzantine Coins”
  • Rebecca Darley, “Valuing Byzantine Gold Coins in Medieval South India”
  • The core question of this session is not hard to spot, I guess: Byzantine coins are found in faraway places where their context as imperial currency could not apply, so what were people doing with them? In China, Professor Ying told us, they were mainly burying them with dead people, and along the Silk Routes and into Sogdia making things that looked like solidi to do that with as well, usually doubly or triply pierced for wearing; there’s very little indication that this was more than a species of jewellery to a population to whom normal coins would have looked very different. In Viking Scandinavia, that was also happening but there is more sign of a discerning user-base: although Byzantine coins are a tiny fraction of the foreign money and bullion that was accumulating in Scandinavia in this period, the gold is never pecked or tested and very often set as jewellery, whereas the silver usually had been pecked but only when it was real coins; there were also imitations of Byzantine miliaresia but except in Finland, these don’t seem to have actually circulated even as bullion. So why make them? As with the Chinese context there is more to do here. Lastly Rebecca provided the Indian context, not unlike the Chinese one in as much as Byzantine coins were apparently commodities here but treated fairly consistently, usually double-pierced above the bust and also imitated but only in gold, not as plated knock-offs; the contexts are almost all lost but use in temple contexts seems a better fit to what there is than anything to do with commerce or ports. That provoked a sharp question in discussion, because while in India the focus is clearly on the imperial portrait, in China it can often be on the reverse, leading someone to wonder if the coins were appreciated as Christian symbols, which Professor Ying thought possible. Certainly, as someone else observed, that would be about all you could see on a coin someone was wearing as jewellery unless you were impolitely close! This all hung together very well and I gather that publication of something deriving from this is in distant prospect; it should be fun.

    Double-pierced Byzantine solidus of Emperor Justin II, found in a tomb at Guyuan

    Double-pierced solidus of Justin II, found in a tomb at Guyuan; click through to an article on Lin Ying’s in which further context and some comparator finds are presented

That got me to lunch, and then it was off to a different bit of my interests! I do begin to understand how someone like me must be almost impossible to schedule for…

733. The Early Islamic World, VI: Iberia

  • Nicola Clarke, “Law, Families, and the Frontier in Umayyad Iberia”
  • Mateusz Wilk, “Power, Law, and Ideology in Umayyad Spain”
  • Eduardo Manzano Moreno, “Conquest and Settlement: what al-Andalus can tell us about the Arab expansion at the time of the Umayyad Caliphate”
  • I will pretty much always go to hear Eduardo Manzano speak, but here there were obviously other things to interest me too. Dr Clarke dug into the agendas of the Arabic sources for the conquest of al-Andalus, all significantly posterior to events and for the most part more interested in trying to settle questions of how the caliph should behave to his lieutenants when they exceed his authority, and indeed who should have been caliph at all and why (for example, being able to restrain those same lieutenants), the result of which is that it’s quite hard to say how far either Caliph al-Walīd or the lieutenant in question, Mūsā ibn Nusayr, were in any real control of events. Dr Wilk, on the other hand, saw in them an attempt to picture Muslim Spain as a new and better Umayyad Syria, but with shifts once the Malikite school of law took hold there in the ninth or tenth centuries (and with no useful ninth-century sources, which is hard to say). This provoked surprising amounts of argument; commentators proved very invested in the importance of Malikism in al-Andalus either as a mark of Arabian connection or as the ineluctable result of fugitives from Arabia turning up there, and it would perhaps have been more fun to set these people arguing with each other than with Dr Wilk. Lastly Professor Manzano pointed out some odd things about the Muslim conquest of Spain, not least that it was accomplished largely by Berber auxiliaries whose acculturation to Islam took place largely in the peninsula, not before getting there, and that by moving a large salaried army into the peninsula and keeping it that way rather than settling it, at least at first, the new rulers committed themselves to importing a whole fiscal system, including gold coin for tax and copper coin for pay, where nothing like it had existed for a long time, which more or less required the cooperation of Christian worthies to make it work. This got Professor Manzano and me into an argument about the survival of the Visigothic taxation system and how far that involved copper, an argument that Ann Christys had to stop but in which I would now graciously concede that we were both wrong, which I’m sure would amuse him.4

    Copper-alloy fals of the unlocated al-Andalus mint

    A coin on the importance of which we could agree, a copper-alloy fals of the unlocated al-Andalus mint, struck in somewhen during the eighth or ninth centuries I guess, Jean Elsen & ses Fils,
    Auction 120, 15 March 2014, lot 1594

Revitalised by dispute, I imagine I needed tea less than usual at the end of this session, but with the last session of the day still to come I certainly did still need it.

814. Networks and Neighbours, IV: tracing aristocratic networks in three early medieval kingdoms

I was here partly because the title involved some of my keywords and partly out of a loyalty to a related journal that was at that stage (this is a story for another time) still supposedly about to publish me, but also because Roger Collins was supposed to be moderating and that, unfortunately, proved not to be so. The running order was this:

  • Paulo Henrique de Carvalho Pachá, “Searching for the Visigothic State: monarchy and aristocracy in the Visigothic kingdom of Toledo”
  • Karen Torres da Rosa, “Merovingian Testaments and Power Relations in the Transference of Goods”
  • Renato Rodrigues Da Silva, “Northumbrian Aristocracy through Archaeological Evidence: coins and coinage”
  • Señor de Carvalho engaged directly with the work of Luis García Moreno, arguing that rather than an eternal opposition between kings and nobles in Visigothic Spain we should see a periodic rebuilding of consensus between these and other elements of the state which could break down in a variety of ways, not just that defining cleavage, since the monarchy was obviously unable to operate without any aristocratic support at all and the aristocracy was frequently divided.5 This made sense to me and the only thing that surprised was the age of the scholarship being engaged, surely written before the speaker was born. Discussion here was very constitutional, and made my normal ‘realpolitikal’ take on such power dealings feel very out of place. Miss da Rosa’s work was at too early a stage for it to be fair for me to comment on it here, though, and Señor Rodrigues’s paper, about the early Northumbrian silver coinage as a tool of aristocratic power, I thought rested on some pretty unprovable assumptions about moneyers; there were many ideas here that needed better links to the evidence. I’m afraid that at the end of this, incipient local loyalties not withstanding, I was minded not to come to another Networks and Neighbours IMC session.

    Obverse of a silver penny of King Aldfrith of Northumbria (685-704), Cambridge, Fitzwilliam Museum CM.1980-2007

    Obverse of a silver penny of King Aldfrith of Northumbria (685-704), Cambridge, Fitzwilliam Museum CM.1980-2007

    Reverse of silver penny of King Aldfrith of Northumbria (685-704), Cambridge, Fitzwilliam Museum, CM.1980-2007

    Reverse of the same coin. I think the triple-tailed wolf probably militates against this being an attempt to churchify the coinage, myself…

Looking back over this as I write it up, it strikes me suddenly how generalised the use of coin evidence is becoming in the fields of history I follow. Granted, one of these sessions was explicitly about it, but coins were part of one speaker’s evidence in two of the other sessions as well, which as you see makes hunting down suitable illustrations much easier for me! It’s nice to think, though, that the numismatic gospel might be getting out there. Anyway. What I did with the evening, I cannot now recall; I fervently hope that it was spent drinking with friends and colleagues, and certainly on one night of the conference I went hunting curry houses with two of the Birmingham posse; perhaps that was this evening? But in any case, it is another day recounted. Next one in two posts’ time!

1. My point of reference would have been Rosamond McKitterick, The Frankish Kingdoms under the Carolingians, 751-987 (Harlow 1987), pp. 305-339, but now as I say there is also Geoffrey Koziol, The Politics of Memory and Identity in Carolingian Royal Diplomas: the West Frankish kingdom (840–987) (Turnhout 2012), and we’re still reacting.

2. On this I cannot resist citing Koziol, “Is Robert I in Hell? The Diploma for Saint-Denis and the Mind of a Rebel King (Jan. 25, 923)” in Early Medieval Europe Vol. 14 (Oxford 2006), pp. 233-267, which is fun.

3. On Gerberga, see Simon MacLean, “Reform, Queenship and the End of the World in Tenth-Century France: Adso’s ‘Letter on the Origin and Time of the Antichrist'” in Revue belge de philologie et d’histoire Vol. 86 (Bruxelles 2008), pp. 645-675, DOI: 10.3406/rbph.2008.7582.

4. I’m wrong because I hadn’t realised quite how early the Visigothic copper coinage we know about was, and it almost certainly wasn’t still running by 711; he’s wrong because it existed at all, dammit. See Miquel Crusafont i Sabater, “The Copper Coinage of the Visigoths of Spain” in Mário Gomes Marques and D. Michael Metcalf (edd.), Problems of Medieval Coinage in the Iberian Area: a Symposium held by the Sociedade Numismática Scalabitana and the Instituto de Sintra on 4-8 October, 1988 (Santarém 1988), pp. 35-70, but now also Crusafont, Jaume Benages, Jaume Noguera Guillén, Eduard Ble Gimeno, Pau Valdés Matias, Tomi Cartes, Xavier Sicart & Joan Enric Vila, “La sèrie de plata de la monarquia visigoda” in Acta numismàtica Vol. 45 (2014), pp. 71-80, which changes the picture quite a lot!

5. That work being Luís Agustín García Moreno, Historia de España visigoda (Madrid 1989), to which one might for example compare Javier Arce Martínez, “The Visigoths in Spain: old and new historical problems” in Walter Pohl & Veronika Wieser (edd.), Der frühmittelalterliche Staat – europäische Perspektiven, Forschungen zur Geschichte des Mittelalters 16 (Wien 2009), pp. 31-42.


Busy-day links

Today is a day with no time in it, where the morning goes on training and the afternoon goes on meetings and in the evening I am celebrating someone’s viva, and there’a about half an hour all told to complete daily tasks such as updating the blog. Happily, I have a stash of links saved against just such an eventuality! Let me therefore distract you with things that others have put on the web, with headings!

Discoveries of stuff

Frescoes in underground church at Nevşehir, Turkey

Frescoes in underground church at Nevşehir, Turkey

You would think that Byzantine churches had little in common with London buses, but there is at least this, that as the saying goes, you wait ages for one then two come along at once, one in Turkey for which grand claims are being made (for which link a hat tip to Georgia Michael of the University of Birmingham) and one off Turkey which is just really cool to look at.
Submerged foundations of a Byzantine church in Lake Iznik, Turkey

Submerged foundations of a Byzantine church in Lake Iznik, Turkey

And then there’s an especially shiny hoard of Roman and non-Roman silver from Scotland which people are using to draw conclusions about the Picts in a period before all of us would be comfortable using the word, for which link I owe a tip of that same hat to the Crofter.1
Objects from the Gaulcross Hoard

Objects from the Gaulcross Hoard

Sad News

While writing the long-delayed post on the Bíblia de Danila, I noted briefly that to my sadness John Williams, a scholar of the art of the medieval Iberian peninsula whom I did not know but whose work has been very useful to me, had died; here’s a memorial of the sort he richly deserved.

Interesting Research

We have here a pedigree (as it were) of looking at work on genetics with a critical eye; this new study looks better than usual and I’ll have to give it its own post. The hat is here tipped to James Palmer at Merovingianworld.

Quality medievalism

If you’re going to try to relive the Middle Ages then your soundtrack needs to be right, amirite? Here’s an example of how to do it. Resuming my metaphorical hat, I now tip it to Z the Cold-Hearted Scientist for passing this my way.


A museum in Japan has some old maps. Perhaps not surprising, even if they have obligingly put them on the web? But medieval maps don’t usually work the way we expect, and it turns out that there are eighth-century maps of field systems in here which kind of do. Obviously this is Japan so links to what I do not at all except that here are people using the kind of tools we would use for the kind of jobs that our study population must too have had but for which they used… well, we don’t know. But it’s one in the eye for all those who suggest that representational cartography has to postdate some major Western intellectual development innit? Maybe you don’t care as much as I do about this but Rebecca Darley, who provided me with the link and to whom the hat is now tipped, probably does so I bet there are others too.

Map of the field at Ikarugi, Tonami district, Etchū Province

Map of the field at Ikarugi, Tonami district, Etchū Province

Then, fellow frontiers and charters enthusiast Igor Santos Salazar has let me know about this monumental task on which he has been engaged, a database of the judicial records from medieval Tuscany which is now online. Lavoro erculaneo, Igor!

And lastly in this section, they said it would never happen; several people died in the course of trying to do it; it has been complicated by two world wars, international tension and the Iron Curtain, to say nothing of funding and staffing troubles, but it is done: the charters of Emperor Louis the Pious (814-840) are published at last.2 Here not a tip of the hat but sincere congratulations to Herr Professor Theo Kölzer for making it to the end of such an inauspicious task!

This is cool

Lastly, much more in my regular line, firstly just a really cool Spanish church site, well written up and photographed, for which thanks to José Manuel Serrano Esperanza for introducing it to me, and now to you.

San Zoilo de Cáseda, Navarra

San Zoilo de Cáseda, Navarra

And then last of all, heard of only today, an exhibition opening on Monday at the Yorkshire Museum (in York), entitled Constantius: York’s Forgotten Emperor, curated by an old colleague of mine, Andy Woods, which exhibition has been brought about by the discovery of a huge hoard of Constantius I’s coins that the Museum hopes to acquire. Do have a look!

1. There’s an actual article behind this one, which a quick websearch reveals as Gordon Noble, Martin Goldberg, Alistair McPherson and Oskar Sveinbjarnarson, “(Re)Discovering the Gaulcross Hoard” in Antiquity Vol. 90 (Cambridge 2016), pp. 726-741.

2. On the troubles of the project up to 1990 see Peter Johanek, “Probleme einer zukünftigen Edition der Urkunden Ludwigs der Frommen” in Roger Collins & Peter Godman (edd.), Charlemagne’s Heir: new perspectives on the reign of Louis the Pious (Oxford 1990), pp. 409-424.

Tiny diplomatic details of delight

Sometimes it is the small things that make it all worthwhile, in academia and out of it. Such a one is this. Last summer I presented a paper at a conference in Lincoln, about the procedure for replacing lost documents in ninth- and tenth-century Catalonia, which I’ve written briefly about here already. I will get to the conference in due course, but in the run-up to it I decided I’d better make sure I’d actually seen all the examples I could, and there was one I’d not seen before, a hearing at Sant Segimon del Bosc in the year 930 in which no less a person than the dowager Countess Garsenda of Barcelona, widow of Count Guifré II Borrell (898-911), came to court to beg a replacement for a charter she had once had for an estate in what is now the Vall d’Aro and some properties in Vallès. She brought five witnesses led by a priest named Sesuld. They swore before four judges to the contents of the lost charter (they never say how it was lost), which among other things makes it clear that three of them had been witnesses to the lost original, Garsenda herself swore that this was a genuine suit and fifteen auditors put their names to a new document to say that it had all been done properly, with a saio and a priest signing to say that they had overseen the oath in good legal order. Two other witnesses also signed, presumably as witnesses to the actual document rather than the ceremony, although I imagine this one was probably done on the spot since the document was the point of the affair; the original is long-lost, though, so we can’t be sure.1

The hermitage of Sant Segimon del Bosc as it now stands

The hermitage of Sant Segimon del Bosc as it now stands, which is to say in a mainly-sixteenth-century state on an eleventh-century footprint

There are lots of things that strike me about this document and the ceremony it records, and many of them are small. Not the the least of these small things is the church itself: Sant Segimon del Bosc, intriguingly dedicated to the sixth-century supposed martyr King Sigismund of Burgundy who is supposed by some to have retired to this area to die, is tiny even now, and what little is known of it does not suggest it being any bigger earlier on. The gathering of twenty-five people (“and many other men who were there present”) must have filled it pretty full.2 It is also, again even now, somewhat off the beaten track, between Sacalm, Arbúcies and Farners, all of which were fairly small places themselves in the early tenth century. It is also, importantly, a good way from any of the estates concerned; the Vall d’Aro is just back from the coast, and Google thinks you could now walk it in half a day. So why were they meeting here? I also note that the scribe was a firm legitimist: the document is dated by “the first year that King Charles was dead, who was after King Odo”, which would also be to say in the seventh year of King Raoul’s reign after Charles’s humiliating deposition and imprisonment, but that is exactly what the scribe is not saying.3

It’s also really interesting, however, for the level of recall involved, and this is what I was talking about at Lincoln. There is nothing less than a full text of the lost charter incorporated in this oath.4 Granted it had only been nine years but that’s still quite impressive, and is probably down to the priest Sesuld, who swore that he had “read and reread it many times” whereas the other witnesses only swore that they had heard it being read and re-read, presumably by Sesuld.5 In any case, he knew the lost document inside out; the transcript even goes to the extent of specifying that the signatures were in a different hand, alia manus, including, somewhat bewilderingly, that of the scribe. But there is one of these tiny details that really catches the charter geek in me. With the original text concluded, the new document goes on:

“Nos vero suprascripti testes vidimus ipsa scriptura in potestatem de dicta Gersindes comesa. Et ego Sesuldus presbiter eam legi et relegi plures vices et erat firmata legibus signum impressionis de predicto venditore et de predictos firmatores et clusa de predicto scriba. Et omnem testum firmitatis ipsius scripture firmiter novi oculis meis videndo.”

A quick Englishing, save only one word:

“We indeed the above-written witnesses saw the selfsame document in the possession of the said Countess Garsinda. And I Sesuld, priest, read and re-read it many times and the mark of impression of the aforesaid seller and of the aforesaid witnesses and the clusa of the aforesaid scribe were signed according to the laws.”

All as you might hope, really, but what of this word clusa, apparently something closed up that could belong to a scribe? Well, it must be one of these, mustn’t it?

Arxiu Capitular de Vic, calaix 6, no. 1297

Arxiu Capitular de Vic, calaix 6, no. 1297

I refer, of course, to the various complex grid or loop devices at the bottom among the signatures, which could (later?) be used to distinguish scribes like signatures and which now we would usually call ruches, lacking a decent word in English.6 The thing is, I think we also lack a decent word for it in contemporary Latin, or at least I’ve never heard of one; we don’t usually have scribes writing about their work and even the ever-helpful judge Bonhom doesn’t cover this as far as I’ve so far found. So here is the word, I think, and I’m not sure we knew about it before. Du Cange has many meanings for the word clusa, a mountain pass, a field bounded by water or a fishery or even a monastic cell, but not this one.7 I shall adopt it forthwith!

1. The document is printed as Santiago Sobrequ&eacutels i Vidal, Sebastià Riera i Viader & Manuel Rovira i Solà (edd.), Catalunya Carolíngia V: els comtats de Girona, Besalú, Peralada i Vallespir, rev. Ramon Ordeig i Mata, Memòries de la Secció històrico-arqueològica 61 (Barcelona 2009), 2 vols, doc. no. 218.

2. Ibid.: “et aliorum multorum hominum qui ibidem aderant.”. As for the church, I don’t have access to the Catalunya Romànica right now, but the web tells me that it’s discussed in there, in Antoni Pladevall (ed.), Catalunya Romànica V: el Gironès, la Selva, Pla d’Estany, ed. María-Lluïsa Ramos i Martínez (Barcelona 1991), p. 325; I don’t know who the author is, sorry.

3. Sobrequés, Riera & Rovira, Catalunya Carolíngia V, doc. no. 218: “Late condiciones VI idus aprilis, anno primo qui obiit Karulus rex, qui fuit post Oddoni regi.”

4. Printed ibid. doc. no. 173, under its original date of 921.

5. Ibid. doc. no. 218: “Ego vero Sesuldus presbiter ean legi et relegi plures vices et legibus erat firmata de manu de condam Senderedo signum impressione facto et de alios firmatores signum impressionis facientes et scripsit eam Genesius presbiter et omnem testum firmitatis ipsius scripture firmiter novi videndo et relegendo. Et nos Teudalecus at Addaulfus, Hichila et Gudisclo eam audivimus legentem et relegentem plures vices…”

6. Discussion in Benoît-Michel 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. 155-160.

7. Carolus du Fresne Du Cange (ed.), Glossarium mediae et infimae latinitatis, rev. Pierre Carpentier, Auguste Firmin-Didot, Hyacinthe Firmin-Didot, G. A. Louis Henschel & Johann Christoph Adelung (Paris 1840-1850), 7 vols, II pp. 404-405. I like these things to be complete.

In Marca Hispanica XXXIII: 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 lordship 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 considerably 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 Mundó (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 María 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.