Category Archives: Charters

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.

Link

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.

Resources!

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.

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

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

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

Early woodcut image of Ravenna

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

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

Ruins of the Byzantine city walls of Cherson

Ruins of the Byzantine city walls of Cherson

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

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

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

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

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

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

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


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

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

3. I first met this debate in Ian N. Wood, “Disputes in Late Fifth- and Sixth-Century Gaul: some problems” and Paul Fouracre, “‘Placita’ and the Settlement of Disputes in Later Merovingian France”, both in Wendy Davies & idem (edd.), The Settlement of Disputes in Early Medieval Europe (Cambridge 1986), pp. 7-22 and pp. 23-43 respectively, and I never really thought either side had enough evidence for their case. Scepticism has more recently been raised in Warren C. Brown, “When Documents are Destroyed or Lost: lay people and archives in the early Middle Ages” in Early Medieval Europe Vol. 11 (Oxford 2002), pp. 337-366; Alice Rio, Legal practice and the written word in the early Middle Ages: Frankish formulae, c. 500-1000 (Cambridge 2009) argues for limited continuity and according to Brown at least, Josiane Barbier for rather more in her “‘Dotes’, donations après rapt et donations mutuelles : les transferts patrimoniaux entre époux dans le royaume franc d’après les formules (VIe-XIe s.)” in Régine Le Jan, Laurent Feller & François Bougard (edd.), Dots et douaires dans le haut Moyen Âge. Actes de la table ronde “Morgengabe, dos, tertia … et les autres …” réunie à Lille et Valenciennes les 2, 3 et 4 mars 2000, Collection de l’École française de Rome 357 (Roma 2002), pp.353-388, although in looking that up I find that she has now apparently got more to say in the subject in the form of Barbier, Archives oubliées du haut Moyen Âge : Les gesta municipalia en Gaule franque (VIe-IXe siècle) (Paris 2014), which must have been done without knowledge of Brown, “‘Gesta municipalia'”; I wonder how it compares?

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

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

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

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

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

Link

Entrevista a mi en Català

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

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

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

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