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.]

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?


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, Galicia – Flickr, 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

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.



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!

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

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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…

Leeds IMC Report for 2015, part 4 and final

The last of these posts, though not the last of the 2015 conference reporting I fear, sees me up bright and early on the 9th July 2015. Why? Well, partly so as not to miss breakfast but also because as you may recall, the previous day had almost all been sessions in honour of Ian Wood to mark his retirement. In fact those sessions continued all the rest of the conference, but for reasons that will shortly become clear, I could only go to the first one, and that meant going to hear one of my undergraduate teachers for whom I long ago developed a practice of being good and prompt. What am I talking about? Witness!

1514. The Early Medieval Church: history and hagiography – sessions in honour of Ian Wood, V

• Rosamond McKitterick, “Reflections on the Manuscript Transmission of Eusebius-Rufinus, Historia ecclesiastica in the Early Middle Ages”
• Barbara Rosenwein, “Feeling Saints in Gregory of Tours”
• Wendy Davies, “Unpicking the Early Strands of Becerro Gallicano of San Millán de Cogolla: the monasteries of old Castile”
• Thomas F. X. Noble, “Response”

As a line-up of people whose work has influenced me this is hard to beat. Rosamond, furthermore, opened all our eyes, I think, by picking up on something that I at least knew but knew very little about, that Eusebius’s famous History of the Church, written in Greek around 312-24, was largely known to the West only in the form of the Latin translation of Rufinus, who made it in 401, he says as a distraction from the depradations of the Goths! Rosamond pointed out that he did not leave Eusebius’s text alone, but combined much of the last two books and added two more of his own, and this involved inserting the Nicene Creed, no less, where Eusebius’s report of the Council of Nicæa had only had the council canons. And this was basically the West’s most stable source for the Creed that is the centrepost of Christian worship. Rosamond had counted ten versions in circulation by the Carolingian era, but Rufinus’s was the most common. You can see why some people felt like a reform was needed, can’t you? Professor Rosenwein, meanwhile, reminded us that despite technically being in Heaven and above such concerns, saints as conceived in the Middle Ages still got angry and upset, lamenting and so forth, in much the ways that their followers on Earth did but for better reasons and with better outcomes; they were to an extent emotional guides for the faithful on how to use one’s feelings for the good. This paper was hampered somewhat by relying solely on Gregory, who may well have had his own emotional spectrum (I would centre it on crotchety entitlement, myself), and in questions Albrecht Diem mischeviously raised the prospect that Gregory had two or more different ideals of sanctity in which case, as Professor Rosenwein said in answer, all generalisation would become impossible. Lastly Wendy, taking advantage of the brand new digital version of the Aragonese monastery of San Millán’s oldest surviving cartulary, had dug into it to detect an initial compilation of geographically-focused dossiers, of which one, but only one, went much back before 1000, that dealing with one valley whose materials were, unlike the rest, not in standard diplomatic form; she characterised this as the diplomatic of breakdown, when the practice of charter-writing continued but no authority was left to require how. This is quite powerful as a tool for me and I need to go and look at those charters, not least because I have observed the same myself at Leire and Obarra without thinking about what it meant.¹

Sam Ottewill-Soulsby, none other, closed that session by remarking that the frontier had its own characteristics that were worth seeing from a frontier perspective; little did he know how much of a choir he was speaking to… You see, the reason I couldn’t come to any more of the sessions for Ian Wood, be they never so luminaried, was that my own sessions got going after coffee this day. They were but two, and I could have wished they weren’t so late in the conference since the audience dropped with each one as people went home, but they were still fun and they went like this.

1630. Rethinking the Medieval Frontier, I: beyond the Reconquista

• Álvaro Carvajal Castro, “A Kingdom with no Frontier: on the political identity of the Astur-Leonese monarchy, 9th-11th centuries”
• Jonathan Jarrett, “De administrandis marcis: the 10th-century frontier with Islam seen from Barcelona and Byantium”
• Rodrigo García-Velasco, “Place, Fringe, Society or Process? Rulers and Ruled at the Iberian Frontier through the evidence of the fueros and cartas de población, c. 1050-1150″


Remains of the church of San Benito de Sahagún, on the site of the earlier monastery. Photo by Davidh820 – Trabajo propio, CC BY-SA 3.0 es, https://commons.wikimedia.org/w/index.php?curid=21717489


All three of us entered this session with historiographical beasts to slay, I think. For Álvaro it was the frontier itself: he focused on the Tierra de Campos around the monastery of Sahagún and noted that after it was notionally fully incorporated into the kingdom of Asturias at the end of the ninth century, with royal donations indicating a considerable scale of property in the general area, the kings could still effectively lose control to local strongmen after a while, and the monastery had first to become the kings’ chosen strongman and then, after a further while, to give up on the kings and focus on the counts of Castile for support. This was less a frontier zone than just an ineffectively-governed one (though I might still argue for that as a frontier space, like mountains²). This theme that frontier politics were maybe just like politics elsewhere came up a lot in discussion, and it was fellow contributor Nicholas Paul who drew us back on track by reminding us that what made it different was the possibility of and for warfare, and Rob Portass had already raised this possibility by reminding us that Sahagún suffered sacking by the armies of al-Mansur in the late tenth century, enough as we know to detach many an area from its notional protectors!
Rodrigo’s chosen beast, which has withstood a lot of slaying so far, was the Reconquista. Despite doing the particularly difficult thing of giving a first paper before one’s old supervisor (I taught Rodrigo in Oxford, which was why I had gathered him into this effort), he made an eloquent and even impassioned attempt to use the five-hundred-plus local law codes known as fueros to argue for a fragmented, discontinuous and locally-negotiated process of incorporation of new territories into the Navarrese and Aragonese crowns, a process which military presence and the award of these codes only began, rather than concluding. The results remained at the mercy of local strongmen and contrary offers (meaning, for example, that Tudela, Rodrigo’s particular focus, actually switched from Aragón to Navarre after a while) for a long time after the supposed frontier had moved beyond them. This of course meant that the very processes that Rodrigo here thought defined the frontier were those which Álvaro had used to refute such a definition for Sahagún, so it is perhaps no wonder that the discussion was agnostic about whether we were really looking at a distinct phenomenon, but trying to put some definitional flesh on the skeletal concept of ‘frontier’ was what we were all doing there so that was OK by me.



One manuscript of the fuero of Tudela, Archivo Municipal de Tudela, Pergamins A.0002.3 I think, due to be published by Rodrigo García-Velasco whose image this is


Speaking of me, I was of course the middle one here, and my beast was incomparability. Despite the apparent incongruities of culture, size, resource and agency I was determined to put my year of necessary Byzantinism to use here, which was where all the digging into Constantine VII‘s De Administrando Imperii had come from. Looking at Constantine VII and Borrell II of Barcelona, of course, who just about overlapped but who in the former case were writing of an earlier time, I gave due attention to the disparities but then argued that both leaders seemed to realise that their best strategy for asserting themselves beyond the borders of what they securely controlled was to locate and enlist a subordinate in whom they could really trust and then let them have their head. Borrell laid more conditions down on some of his chosen subordinates (some of whom, like those of the kings of Asturias, were monasteries) and arguably got less out of them, but the attraction and retention of somebody who could actually achieve things for you was apparently worth the price of their working for themselves. This is the kind of ‘rule’ I want this frontiers project to derive and test; how well has this worked when people have done it and are there context-specific factors that explain that? And so on. This was by way of a first try at what I want this project to be.



The current state of the Castell de Llordà (image from Viquipèdia), populated for Borrell II by a monastic subsidiary

But, necessarily, such a project cannot be all about the Iberian Peninsula even if that’s where my personal networks are strongest. So there was lunch, and various people fading away and finally, the determined hold-out cohort reconvened for the last session of both conference and strand, as follows.

1730. Rethinking the Medieval Frontier, II: Eastern Europe and Eastern Mediterranean

• Jakub Kabala, “Concepts of the Border in Early Medieval Central Europe”
• Luca Zavagno, “Islands – Not the Last Frontier: Insular Models in the Early Medieval Byzantine Mediterranean, ca. 650-ca. 850
• Nicholas Paul, “The Lord’s Tournament Ground: the performance of nobility in Crusader Outremer”

I was sorry about the small audience for this session, not just because I’d invited these people to speak from far away in all cases and could in the end offer them only a few hearers, but also because there were three quite different and testing conceptions of frontier space in operation, the discussion such as it was was very thought-provoking and I just wish there could have been more people in it. Kuba was dealing with early medieval ecclesiastical language for borders, which, unsurprisingly, was Biblical, coming from Exodus and Proverbs. While these were usually interpreted in commentaries as describing the boundaries of correct belief, beyond which only heretics would go, Kuba had many examples of churchmen invoking them to complain of more basically territorial infractions, Carolingian clerics writing of Brittany and Thuringia, Methodius of Bavarian infiltration of the province of Moravia, and so on. Clearly the Church had a sense of bounded space here, even if a Biblically-phrased one. Predictably, I therefore asked in questions how that space was bounded, given that it didn’t need to be politically controlled or defended and frequently wasn’t, and Kuba wisely said that the key question was who ordained its clerics.




Fresco illustration from San Clemente di Roma, showing the apostles of the Slavs, Saints Cyril and Methodius, before the pope. By anonymous artist – Unknown, Public Domain, https://commons.wikimedia.org/w/index.php?curid=2303590


This got me thinking. It is that nodal concept of territory with which early medievalists now like to play instead of lines on a map, and it could be represented almost fractally, as each individual cleric answering or not answering the claimant authority himself had a congregation composed of villages or even households who might go to him but might instead go to the priest next-door. In some sense, at this lowest level, if you could go back there and ask people which fields and streams were in which farm and so on you could build a map up from these tiny tiles, as indeed people did for the term of Santa Maria de Manresa in 978 in a way that Jordi Bolòs hs since mapped (my example not Kuba’s obviously), but it would be sort of missing the point: the resource demarcated by such lines was the hearts and minds of those behind them, not the stuff up to the edge.³ If such a person crossed that line to go and visit someone, and then died, would the priest he ordinarily confessed to still get to claim him for burial? Somehow these questions did not come to me at the time, and I don’t know if they could be answered, but I think I will probably be asking them of Kuba when next we meet…⁴



The Byzantine-built castle of Saint Hilarion, Girne, Northern Cyprus. By Richard – originally posted to Flickr as Saint Hilarion Castle, Girne, Northern Cyprus, CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=7030408


Luca, meanwhile, had and has a manifesto. A decent part of the Byzantine Empire was made up of large islands: if you count Sicily, Cyprus, Crete, Malta and the Balearics together you are looking at quite a lot of land-mass, yet they are almost always considered peripheral to the mainland’s interests, Sicily sometimes excepted. Luca argued instead that these are a third sort of space to range between the plains of the landward empire and the mess of islands that is the Ægean, places to which the sea is very important but which can function autonomously. They are also more than fortresses and defences, often being trade hubs and even—and this is the bit that catches me particularly—becoming sort of betweennesses once technically lost to the empire, with connections still visible in the form of ceramics, seals and coins after their conquest by or loss to opposing or local powers. Cyprus, indeed, was subject to something like a formal power-sharing agreement between the Empire and the Caliphate during the seventh century, and it’s persistently difficult to say whether it was really in the Empire or not thereafter; its officials used Byzantine titles and honours, but we’ve seen how that can work… Much of what seems problematic here stops being so if we start to see Luca’s islands as frontiers in the Islamic sense, as thughr, that is as passages from one space to another rather than barriers between them, and maybe that’s where we take it next.



Manuscript illumination of Richard the Lionheart jousting with Saladin (N. B. this never actually happened)


Similar reflections on a between-space came finally from Professor Paul, who pitched us a picture of Crusader Outremer as its visitors seem to have seen it by the twelfth century, not as a warzone but really more as a holiday camp where you came from the West to get your chivalry good and bronzed. An analysis of chronicles and literature both was behind this, from which emerged a picture of the lords of the Crusader kingdoms as the ultimate hosts and arbiters of chivalric conduct, rich and homed in exotic spaces where, yes, you might go fight Muslims but you might equally fight each other or hey, go hunting lions with trained cheetahs and go back home with a whole cluster of prestige stories whose attainment, rather than expanding Christendom, was really the point in going.⁶ Presumably not very many Crusaders’ journey was really like this but it was the story people wanted told, and for the audience raised questions about whether anyone saw this as the frontier of Christianity that we now see in it. Professor Paul’s answer was that the frontier became less visible the closer to it you got, and he linked this back to Kuba’s mission grounds with, I now suppose, that same sense of the reductive optic by which you could keep going down a level and define the boundary slightly differently each time you zoomed in. Of course, in Crusader Jerusalem there would be about five cross-cutting ways in which you could define it, which was exactly why I had been so keen to get a Crusader specialist in on this whole thing. Professor Paul did not disappoint.

So that was the end, and accordingly those of us still left went with one accord to the bar, and I can’t remember what eventually made us leave it but we must have done, because I have stuff to report from elsewhere on the next day as well. But to that, we will come next post! [Edit: I forgot the ending… !] Finally, to end with, proof that I will go on needing more shelves and more reading time as long as I keep going to this conference…

The book haul from 2015, assembled shortly after my return to Birmingham

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1. In Jonathan Jarrett, “Comparing the Earliest Documentary Culture in Carolingian Catalonia” in idem & Allan Scott McKinley (edd.), Problems and Possibilities of Early Medieval Charters, International Medieval Research 19 (Turnhout 2013), pp. 89-128, DOI: 10.1484/M.IMR-EB.1.101679.

2. I’m thinking here mainly of Chris Wickham, The Mountains and the City: the Tuscan Appennines in the early middle ages (Oxford 1988), esp. pp. 357-365.

3. The Bull is printed in Ramon Ordeig i Mata (ed.), Catalunya Carolíngia IV: els comtats d’Osona i Manresa, Memòries de la Secció històrico-arqueològica LIII (Barcelona 1999), 3 vols, doc. no. 1245, and how long it seems since I’ve cited that work! I must have been teaching… The mapping is done in Jordi Bolòs & Victor Hurtado, Atles dels comtat de Manresa (798-993) (Barcelona 2004), p. 53.

4. The question about burial rights mainly occurs to me because they were significant in the demarcation of early English parishes: see John Blair, The Church in Anglo-Saxon Society (Oxford 2005), pp. 433-471 with particular disputes at pp. 450 & 463.

Kalamazoo 2015, Part 4 and final

Although it continues to be a ridiculous reporting backlog I have, yet it does advance, and we now reach the last day of the 2015 International Congress on Medieval Studies at Kalamazoo. This is always the hardest day, because the dance is the night before but the first session starts early so that play closes in time for people to head home. I suppose I should just be grateful that for the first time in my attendance I wasn’t presenting first thing Sunday morning… But some people of course were, and since they included both a friend and someone talking about the Picts, there I duly was.

536. Pathways to Power in Early Medieval Northern Europe

• Jan-Henrik Fallgren, “Early Medieval Lordship, Hierarchies and Field-Systems in Scandinavia and the British Isles”
• Álvaro Carvajal Castro, “State Formation within the Localities: a comparative approach to land management and productive processes in early medieval England and Northwestern Iberia”
• Óskar Sveinbjarnarson, “New Evidence for Emerging Power Structures in Northern Pictland”
• Douglas Bolender, “A Household Perspective on State-Formation in Medieval Iceland”

This was a tightly-focused session. All were looking for answers to the same question: what can we say about how social hierarchy and power emerge in the northern edges of Europe in the post-Roman centuries? For Dr Fallgren one answer lay in farm organisation: he saw a pattern of central big houses, often long-houses, with surrounding fields with a marked-out perimeter in all of Öland, Gotland, Ireland, England and Pictland. This meant ignoring a considerable amount of variation about how this was done in practice and I thought the similarities he was detecting risked being more or less demographically determined, but if the causation could be more clearly worked out there’d be something to say here all the same. Álvaro, in the way that perhaps at the moment only he can, was also comparing widely, England, Ireland and Spain, emphasising that there was never a mythical autarkic peasant moment on which lordship comes to be imposed in any of these societies, but that still, lordship and organisation of settlement do intensify together in ways that we can observe in the historical and archæological record.¹ His paper was valuable for emphasising that despite this, that lordship does not include everyone and Spain especially shows us lots of small independent proprietors continuing alongside and between the big coagulating lordships in their areas.² For Mr Sveinbjarnarson, working with the much less forthcoming evidence from the erstwhile Pictland, where he had been digging at the fort complex of Rhynie, the significant time was the fifth and sixth centuries, when after a period of breakdown we see wealth acculumation and deposition as hoards, prestige imports reaching this far north again, an increase in size and decrease in numbers of fortifications, big old forts being reactivated and so forth. I think we sort of knew this but Mr Sveinbjarnarson was able to colour in a lot more of the picture than I knew about.³ Lastly Professor Bolender, who had the hardest job in some ways: although there is textual evidence for settlement organisation in early Iceland in the form of Landnámabók, ‘the book of the taking of lands’, finding enough of any kind of archæology to challenge it is very difficult; one question asked him what tools, roads or place-names might add to the enquiry, to all of which his answer was pretty much “the evidence doesn’t exist!” For now, Landnámabók‘s picture of initial large farms set up by the earliest settlers then infilled by smaller settlements, and eventually large consolidated interests emerging seems at least not to be contradicted. Iceland of course offers that initial purely peasant society which Álvaro was stressing didn’t exist in his areas, and it’s interesting to see the same dynamics nevertheless emerging, but I did think that the messages of this session might have been even clearer if one of the papers had tackled an area where large landownership never went away, like Southern Gaul, just to get a better idea of what they were seeing that was close-to-universal and what that was specifically extra-Roman. Still, to want so much is already a sign that the comparison was forcing some quite high-level thinking!

Then, I think we couldn’t face the canteen lunch and went into town for nachos. This was a good idea from the point of view of food, but less good from the point of view of timing, as we returned late for the last session of the conference, which was this one.

540. Peasants and Texts

• Helen Cushman, “Marcolf’s Biological Warfare: Dialogue, Peasant Discourse, and the Lower Bodily Stratum in the English Solomon and Marcolf“
• Sherri Olson, “Peasants, Texts, and Cultures of Power”
• Shane Bobrycki, “The Peasant and the Crowd in the Early Middle Ages”
• Maj-Britt Frenze, “Textualized Pagans: Depicting the ‘People of the Heath’ in Conversion Era Anglo-Saxon England”

Because of the late return, I can tell you nothing about Ms Cushman’s paper, which I entirely missed; my apologies for that. Professor Olson, however, mounted a strong argument from fourteenth-century court rolls from Elmlea and Durham that despite the popular picture of peasant societies as being illiterate, these ones both generated and disputed with written records, from their own agreements (kept at home, apparently) right up to the court rolls itself, which were sometimes consulted by peasant plaintiffs; while not by any means all themselves literate, they were still what the more theorised among us would probably call a textual community, bound by a shared interpretation of what these texts that governed their tenures meant.⁴ Shane, whom I met in Cambridge years ago and had not seen since, gave us an erudite run-down of shifting attitudes to crowds in the largely élite-written sources for the early medieval West: the Romans distrusted all forms of public crowd, for all that the élites needed their approbation, but in the early medieval context crowds were sometimes good, the legitimate forum for validation and expression of justice, righteousness and so on. Unless, argued Shane, that crowd was made up of peasants, in which case pretty much all our sources still consider them dangerous and illegitimate and use the language of ‘rusticity’ only for things they want to denigrate… Lastly, Ms Frenze did that most Kalamazoid of things, trying to strain new meanings out of Beowulf and Bede’s Ecclesiastical History. Her conclusions were roughly the same as Shane’s: the ‘heath’ is dangerous, though for Bede Christian blood could sanctify it. I had managed to dodge all the Beowulf papers so far, so I guess I had to catch one, and I do understand why there are always so many, but if the deliverer of one doesn’t at least acknowledge the problem of dating the poem I’m afraid my response to them will always be sceptical.

And so that was that! Goodbyes were said and we variously made our ways to our transports, for us a train to Detroit and then a plane out the next morning after a small amount of cautious sight-seeing around that post-lapsarian city, and back to the groves of UK academe. But it was a good conference, more surprisingly like Leeds in demographic than usual but with most of the people I’d hoped to see seen and many things learnt. I always hope to make it to Kalamazoo again, but one has to know about one’s schedule so far in advance to mesh it with a UK teaching job that it takes forethought I rarely possess. Next time, though, I might now be exalted enough not to settle for the dorms…

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1. Álvaro’s cites here seem worth giving, they being Susan Oosthuizen, “The Anglo-Saxon Kingdom of Mercia and the Origins and Distribution of Common Fields” in Agricultural History Review Vol. 55 (Exeter 2007), pp. 153-180; Aidan O’Sullivan, Finbar McCormick, Thomas R. Kerr & Lorcan Harney (edd.), Early Medieval Ireland, AD 400-1100: the evidence from archaeological excavations (Dublin 2013); Fergus Kelly, Early Irish Farming: a study based mainly on the law-texts of the 7th and 8th centuries AD (Dublin 2000); and Thomas Charles-Edwards, Early Christian Ireland (Cambridge 2000).

2. The best cite for this case may still be Pierre Bonnassie, “Du Rhône à la Galice : Genèse et modalités du régime féodale” in Konrad Eubel (ed.), Structures féodales et féodalisme dans l’occident méditerranéen (X^e-XIII^e siècle) : Bilan et perspectives des rercherches. Colloque Internationale organisée par le Centre Nationale de Recherche Scientifique et l’École Française de Rome (Rome 1980), pp. 17-44, online here, trans. Jean Birrell as “From the Rhône to Galicia: origins and modalities of the feudal order” in Bonnassie, From Slavery to Feudalism in South-Western Europe, transl. Birrell (Cambridge 1991), pp. 104-130.

3. He cited Leslie Alcock, perhaps his “Early historic fortifications in Scotland” in G. Guibert (ed.), Hillfort Studies: essays for A. H. A. Hogg (London 1981), pp. 150-180, or his “The Activities of Potentates in Celtic Britain, AD 500-800: a positivist approach” in Stephen Driscoll and Margaret Nieke (edd.), Power and Politics in Early Medieval Britain and Ireland (Edinburgh 1988), pp. 22-46. I’m not sure how the field at large feels Alcock’s stuff has held its value but I learnt an awful lot from it when I was still insular in my interests.

4. The theory in question would be Brian Stock, The Implications of Literacy: written language and models of interpretation in the 11th and 12th centuries (Princeton 1983), accompanied in Professor Olson’s citation by Michael Clanchy, From Memory to Written Record: England 1066-1307, 2nd edn. (Oxford 1993, 1st edn, 1979). These two books certainly have kept on giving…

Leeds 2014 Report II: the edges of many different empires

Returning to the backlog on reporting what others think about the Middle Ages finds me now at the second day of the International Medieval Congress 2014, on 8th July 2014, and faced with some hard choices between sessions. In the end, I chose this one because I knew one of the people in it, had reviewed the work of another and Wendy Davies was moderating, and this is what I got.

515. On The Fringes of Empire: local and supra-local identities beyond the Carolingian realm, I

• Frode Iversen, “Impact of Empires: the Scandinavian fringe AD 200-1300”.
• Letty Ten Harkel, “On the Edge of Empire: early medieval identities on Walcheren (the Netherlands)”.
• Margarita Fernández Mier, “Peasant Communities and Distant Elites in Early Medieval Asturias”.

As you can see, the unifying thread here was Carolingian periphery, but this didn’t always make it through. Dr Iversen gave a very rapid run-through of significant bits of the settlement history of Norway, and when he began to speak of how urbanisation fitted to a new structure as if he’d described change, I realised I must have missed something. I also struggled with Dr Fernández’s paper, although the sites she was talking about, rural sites whose material culture might tell us something about the links from elite to peasants in early medieval Asturias, were very interesting-looking, but as it turned out known much more from place-names than anything more material. She drew a picture of competing local identities visible in funerary archæology and developing church sites that would be familiar in Anglo-Saxon England, however, and looked worth chasing in more places. Both of these papers had a tendency to argue for connection between sites that seemed to me from their maps to be a good distance from each other, in the former case up to 50 km, however, and I wasn’t sure that either case had been demonstrated.

Middelburg in Walcheren, one of those cases where it could hardly be clearer where the original settlement was and how the church was inside it[Edit: although I am informed by Dr Ten Harkel herself that the church inside the ring is actually the Nieuwekerk, which being twelfth-century is actually the newest of the three at the settlement. The other two were outside the walls, which is in many ways a more ancient way of arranging things…]

Letty Ten Harkel was also arguing for very local identities in her study area, however, and in particular in what has apparently been seen as a chain of associated ringforts along the Netherlands coast that have been blamed placed either in the reign of Emperor Louis the Pious of the Franks (814-840) from texts or the 890s from radio-carbon. The latter is problematic, because by then the area was split between two kingdoms, but Letty argued that there is such variation in size of and finds at these forts that they actually make more sense read as very local lordship centres, erected independently of each other. If there was outside influence, for Letty it was coming from the reviving bishopric of Echternach, not in the era of its Carolingian foundation but in the twelfth century. For me this paper connected most closely to the theme of the session, but only by disputing it!

Nonetheless, my interest was piqued enough to come back for more once caffeinated, as follows.

615. The Fringes of Empire: local and supra-local identities beyond the Carolingian realm, II

• Alex Langlands, “Empire and Infrastructure: the case of Wessex in the ninth and tenth centuries”.
• Iñaki Martín Viso, “Local Communities and Kingship South of the Duero, 9th-11th Centuries”.
• Álvaro Carvahal Castro, “The Astur-Leonese Power and The Localities: changing collective spaces (9th-10th centuries)”.

This session played a lot closer to my usual interests. Dr Langlands was chasing a word, ‘herepath’, literally ‘army-path’ but using a word for army that usually means raiders’ bands, not the army you serve in, and one would think that a path wide enough to carry an army might in fact be a road anyway, so it’s a funny term. Most of the references are in Anglo-Saxon charters, and while Dr Langlands argued convincingly that these paths appear mainly as links between sites rather than routes as such (though now I write that I am no longer seeing the difference) I wasn’t really sure that we could be sure they were anything to do with either roads, bridges or army-service, all of which had come into the argument.

Wikimedia Commons believes this to be an actual herepath, near Avebury, and who am I to say different? “Herepath Avebury England” by Chris Heaton. Licensed under CC BY-SA 2.0 via Wikimedia Commons.

Professor Martín then took us into the almost-unknown territory of the southern Duero valley in the centuries either side of the year 1000. Somewhere in this period, and with setbacks due to the final, red giant phase of Muslim rule in Córdoba, the kings of Asturias-León acquired a dominant control in this area and most of what we have is to figure it out with is archæology. With it, Professor Martín depicted a process by which the king used military service, and his ability to demand it (or possibly to convince local élites to join in with it) to elbow those élites into a position of obligation to him. He tied this to a particular sort of fortress with square towers and sloping walls that seems to be Andalusi workmanship but in a zone that was never under Andalusi control; I myself thought that that was a very unsafe thing to say, but the general proposition could fit round what I think happens in such zones.

A location of military service in Viseu, one of Dr Martín’s example sites, even if that service would have been a bit later: this is the Porta dos Cavaleiros. “Nt-Viseu-Porta dos Cavaleiros“. Licensed under Public Domain via Wikimedia Commons.

Lastly Álvaro, whom in this session I realised I had known while we were both at Oxford but never quite fixed his name in my head, looked for those same local élites a bit closer into the Asturo-Leonese core where we have charters to play with, and found them manifest in assemblies, often as small power groups within likewise small communities, the kind of people who make deals for their communities and so on, who must have existed in these zones before our sources, generated by the making of those kinds of links, show them to us.¹

The memorial to the founders of Sant Andreu de Tona on the Turó del Castell de Tona, one group of ‘local élites’ we can name

I’ve gone into some detail with this because these questions, of why people on the edge of polities decide to join in with them, are meat and drink to me and my frontier interests, and as Charles Insley rightly pointed out in discussion, the crucial questions here are ones of agency: who makes anyone in these situations do stuff? All three speakers offered answers, although Professor Martín’s was mostly a judicious refusal to guess where there was no evidence. Only Álvaro seemed to me to have a clear eye on what sort of people these local élites actually were, however, a problem we’ve discussed before, and I offered the answer I even then had in press and alas still do, to wit that we can at least see them in church consecrations, leading their communities.² Alas, this is a category of evidence that only exists in Catalonia, so Professor Martín remained obdurate, only suggesting that the fueros of the twelfth century indeed suggest some continuities that we can’t, all the same, prove. He’s right, of course!

Anyway, that was all fun and put me back on some Castilian radars I think, but there wasn’t much time to capitalise on it as there was another lunchtime keynote lecture, and again personal and institutional loyalties drove me to attend, as well as the expectation that it would be very interesting, as indeed it was, which I tried not to spoil by noises of eating my packed lunch again. (I’m glad they dropped this arrangement this year.)

699. Keynote Lecture 2014

• Naomi Standen, “A Forgotten Eurasian Empire: the Liao dynasty, 907-1125”.

The Fugong Temple Pagoda, built in 1056 by Emperor Daozong of Liao. By Gisling (Own work) [GFDL or CC BY-SA 4.0-3.0-2.5-2.0-1.0], via Wikimedia Commons.

Naomi introduced what was for many people an unfamiliar area by setting up the familiar dichotomy of civilisation versus nomads, a way of classifying society probably familiar to most people in the West from

the work of Ibn Khaldūn

but very common in Chinese sources too, especially when the Mongols are at issue. On one side, bureaucracy, tax, education, cities, a professional class and so on, on the other personal hierarchy, tribute and plunder, and a life for which warriors trained in the saddle, you know the deal. Naomi then pitched her subject area of the moment,

the Liao Empire

, as a third way that breaks this dichotomy, using archæology wherever possible to vie with the impression of the Liao given by Chinese writers who were determined to put them, and their cities too, in the nomads box. But they didn’t fit either, Naomi argued: they had a structured élite but it was maintained by family succession, they had a trade network which we can see in ceramics finds along routeways but no sign that the state tapped it, the empire was stable and not expansionist and held to long treaties with inner China, the citizens were called nomads but lived in cities, and people in the empire invested hugely in religious patronage. It also comprised more than two hundred ‘peoples’ as the Chinese geographers counted it but made no legal distinction between them. It had not borrowed all this from central China or been civilised by contact, or so Naomi claimed; it was a different sort of empire. I’m sure that some might contend with this or find it idealistic but the thought experiment of substituting a trinary for one of the binaries with which

Western historiography is famously dogged

is probably worthwhile even so, and the detail is meanwhile still coming together as the pottery series and the architectural history of the zone get worked out by

Naomi’s super project

, so we will either way know more before long.

Thus refreshed both physically and mentally, I headed some of the way back west.

719. Were the Umayyad Caliphates Empires? I

• Andrew Marsham, “In What Respects Was the Umayyad Empire an Empire?”
• Harry Munt, “The Umayyad Imperial Rationale and Hijazi Cities”.
• Hannah-Lena Hagemann, “Rulers and Rebels: Kharijite Islamic resistance to Umayyad authority in early Islamic historiography”.

This was an interesting and tightly-focused session, even if again about the category of ’empire’ as much as the actual materials of the presenter’s study. Dr Marsham invoked the work of Michael Mann (which I should know better³) and used its categories to argue that the early Islamic caliphate, with its emphasis on dynastic succession, its religious qualities attached to state office, its structured hierarchy of that office and its tax system, was as much an empire as the late Roman one it replaced, which given the inheritance perhaps shouldn’t be surprising but still often is. The other two papers focused on opposition to the Umayyad Caliphs, but from two different sources, in the case of Dr Munt from the cities in the Hijaz area of modern Saudi Arabia and most notably Medina, whose ruling class never aimed at separation from the state but frequently rebelled to achieve better inclusion in it. In the case of Dr Hagemann, however, the rebellion came from the Kharijites, a sect of early Islam who declared, according largely to their opponents, that there were no legitimate successors to the Prophet and therefore rejected all attempts at command in his name; she pointed out that even some of those enemies still used them, in pleasingly Roman style, as a foil for criticism of the Umayyad régime where those writers felt it had gone so far wrong as almost to justify the reaction of the supposed ‘heretics’. It all gelled very nicely and in discussion I witnessed, for the only time I can remember, someone successfully defend their point against a question about the economy from Hugh Kennedy, no small achievement.

This was all grand, therefore, but I sorely needed caffeine by now, and hunting in the bookfair, always dangerous, found myself deep in conversation with Julio Escalona about the need to get Castilian and Catalan scholars around the same table. Thus it was that I was late for the next session, nothing to do with books honest…

812. Empire and the Law

• Vicky Melechson, “From Piety to the Death Penalty: new capital crimes in the Carolingian Empire”.
• Graham Barrett, “Legislation and its Afterlife in Early Medieval Europe”.
• Sharon Fischlowitz, “Laws of an Empire: after the Romans, what were the leges barbarorum?”

So I was late for the start of Ms Melechson’s paper but caught her point quickly, it being that while the Romans really only imposed the death penalty for crimes against the emperor, and the various barbarian laws attempted to divert people from vengeance for murder to compensation payments, nonetheless the influence of the Old Testament in the way the Carolingian kings presented themselves made capital punishment an appropriately Biblical step for increasingly many things. There are arguments one could have with several parts of that but the basic argument seemed well-founded. I got rather less out of Dr Fischlowitz’s paper, which was given largely from the perspective of teaching modern law using the ‘barbarian’ laws as examples. It sounded as if she was having great fun doing it but the paper nonetheless really only told us what she found the most striking bits of late Roman and Frankish law.

The opening of the text of a manuscript of the Breviary of Alaric, one of the earliest ‘barbarian’ collections of Roman law (Paris, Bibliothèque Nationale de France, MS Latin 4404, fo. 2v)

But it was all worthwhile for Graham’s paper, which was him absolutely on form: he was arguing that although we know and read late Roman and early medieval law as codes, big books of more or less organised and collected legislation, it could almost never have been used like that, especially not the huge late Roman codices. It was also hardly ever issued like that: the late Roman codes explicitly compile decisions, largely reactive rather than proactive, fragmented and disparate, from centuries apart by many different emperors, the Visigothic Law does some of the same work and citations like this also appear in the Salic and Burgundian laws. What this means is that capitulary legislation like that of the Carolingians would actually have been the primary form of law, and the codes we think of as definitive only its secondary collection, which could have very little to do with law as it would have been used, as dockets and loose gatherings of relevant edicts, rescripts and proclamations. This was one of those papers that seemed to make everything very obvious which before had not been, and I hope as with almost all of Graham’s work that we get to see it in print before very long. It provoked a lot of discussion, also, with Paul Hyams wisely pointing out that law that got written relates only to the problems that couldn’t be solved more locally, and is therefore always outstanding. There was also some discussion about law that gets made as part of a treaty process, to which Dr Fischlowitz offered the Lex Romana Burgundionum, intended to regulate the relations of the Romans of what is now Burgundy to the newly-arrived military group after whom it got named, and I proffered the Treaty of Alfred and Guthrum, after which, probably wisely, the moderator drew the session quickly to a close.

Again I can’t remember how the evening went, but the day had been pretty full and this post is certainly full enough, so I shall leave it here for now and pick up after a couple of smaller posts that don’t take me days to write. I’m sure you’re already looking forward to it…

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1. On such groups see now Robert Portass, “Rethinking the ‘small worlds’ of tenth-century Galicia” in Studia Historica: Historia Medieval Vol. 31 (Salamanca 2013), pp. 83-103, online here.

2. Few better statements of this line of thought are available for Spain than Álvaro’s own “Superar la frontera: mecanismos de integración territorial entre el Cea y el Pisuerga en el siglo X” in Anuario de Estudios Medievales Vol. 42 (Madrid 2012), pp. 601-628, DOI: 10.3989/aem.2012.42.2.08, but I hope soon to be adding to it in “Engaging Élites: Counts, Capital and Frontier Communities in the Ninth and Tenth Centuries, in Catalonia and Elsewhere” in Networks and Neighbours Vol. 2 (Leeds forthcoming for 2014), pp. 202-230, preprint online here.

3. Presumably most obviously M. Mann, The Sources of Social Power Volume 1: a History of Power from the Beginning to AD 1760 (Cambridge 1986)? I wonder if this will supply something I found myself in want of in a dissertation supervision a few weeks ago, too, a cite for the conceptual differentiation of ‘intensive’ and ‘extensive’ lordship. If anyone reading happens to have one handy, however, I’d be glad of it!