Tag Archives: Conflent

Where do viscounts come from, Mummy?

Being on strike, again, I have time to write. This post has a silly title but a serious question, as became clear to me late in 2018 when, at that point still working on the book of Borrell II, I decided that I needed to know more about the viscounts of Narbonne into whose family his elder niece, with whom he may have grown up, married.1 Looking for work on them turned up a fairly recent essay volume edited by Hélène Débax, who knows a thing or two about viscounts, and with grim determination I realised I’d have to read all of it, a luxury or necessity that modern-day academia rarely allows me.2 By the look of my Zotero files, that took place over October 2018 to January 2019 – because yes, by then I needed four months to read a book on work time – and revealed several things to me. For one, I’d assumed that pretty much everywhere had viscounts, while being aware that they basically don’t occur in England; but actually, the vicecomital dignity or office was pretty constrained in both space and time, in the former being largely confined to the peripheral areas of what became the kingdom of France, including most of the Midi, and in the latter to the ninth to twelfth centuries. Both of these things mean that the viscount is, like many things, a Carolingian and post-Carolingian phenomenon. But this is one of the ways in which Catalonia and its northern-neighbouring territories were Carolingian and its western neighbours were not. That is, however, not to say that Catalan viscounts were like other viscounts, and that’s where the stub for this post came from.

Cover of H&eacutelène Débax (ed.), Vicomtes et vicomtés dans l'Occident médiéval (Toulouse 2008)

The book and the colloquium that Débax put it together from both wisely distinguished viscounts and viscounties, “vicomtes et vicomtés”, the kind of distinction I use to point out to monolingual and xenophobic students why accents count as spelling. Not everywhere had both viscounts and viscounties; several sets of viscounts existed without developing an associated territory, either because their tenures were too discontinuous or because they worked under the shadows of counts, one or two places had viscounties from earlier on which were later run by other people who didn’t use the title, and several places developed viscounts first and then they developed viscounties later.3 Catalonia, interestingly, had viscounts from really quite early, albeit perhaps not continuously, and the eventually established families mostly did get themselves viscounties but these were almost always located outside their official jurisdictions, which remained counties with counts (apart from Conflent, which we’ve already discussed and is weird).4 So Catalonia may not exactly have fitted the pattern, but Débax and colleagues thought they had a pattern, albeit one not universal and open to variation. Meanwhile, unbeknownst to any of them except Henri Dolset, speaking for my patch alongside the already-discussed Élisabeth Bille, there is a different pattern in use in the Catalan scholarship to explain the emergence of these major nobles. And then there’s me. So it seems meet to set up the two competing patterns in the scholarship first and then comment with what I can bring to the question.

So what is the ‘vicomtes et vicomtés’ pattern? For Débax herself and most of her contributors, viscounts were a symptom of comital weakness. They popped up where there were no active counts, taking over unattended jurisdictions, and some of them effectively became counts under a lesser name, with no superior officers between them and a very distant king. This was what happened at Narbonne, where I started, and at Castillon in the Dordogne among other places.5. Some viscounts who set up in such a fashion even managed to become counts, by obscure processes in most cases; we see this at Millau, whose viscounts managed to inherit the comital dignity of Rouergue, and in la Marche, where there had never been a county as far as we know until the viscounts managed to upgrade.6 Even viscounts who had a count to whom they were notionally subordinate often managed to achieve quasi-independence in parts of their territories, unaffected for the most part by their relations with their bosses at bosses’ courts; such were the viscounts of Trencavel whom Débax has made her own, Auvergne, Thouars and Marseille in its third round of vicecomitogenesis, as well as in Béarn with some special conditions.7 A strong count, however, didn’t let this happen in his core territories (best shown in these studies by the viscounts of Tursan, just too close to the biggest counts in the south at Toulouse) and even where it had, once in the general revival of civil government in twelth-century France the counts were powerful enough again, they put a stop to it (as at Bruniquel, Marsan and indeed eventually Narbonne).8 This often followed on an equally-revived Church mobilising the force of Gregorian reform to push these upstart officers out of the Church properties and revenues which were often a major prop to their standing.9 Nonetheless, it was not a universal that wherever the counts couldn’t assert themselves, viscounts sprang up; some noble families occupied what was far as we can see were positions just as powerful (and some northern viscounts, especially, were not major players in their areas) and never took such a title, prime examples in the south being the Castelnau of Cahors.10 So there remains something unusual about the title which the pattern developed in these studies doesn’t overall explain.

Map of the Catalan counties c.950, by Philip Judge and Jonathan Jarrett

Map of the Catalan counties c. 950, by Philip Judge and myself. We’ve not seen this for a while, have we? But now it helps. Of these counties, Empúries and Roussillon were usually both ruled by one count, Barcelona, Girona and Osona by another (though only after 898), Urgell by a third and Besalú, and Cerdanya by a fourth family, usually providing plural counts. Pallars and Ribagorça started with one count for both and finished up with several for each. The rest of the areas never had named counts, but did sometimes have viscounts, most obviously Conflent. But so did the counties with counts!

The Catalan scholarship that I know best on these matters kind of comes at the question of origins from the other direction, which the more voluminous but also locally-specific evidence from the area partly explains, but not as much as the good old feudal transformation narrative does.11 Under that rubric, of course, we’re supposed to move from a fully-functional public system via a period of upheaval to an exploitative one of private jurisdiction which everyone’s happy to call ‘feudal’ that is slowly brought under control by the powers-that-were over the eleventh or twelfth centuries but which remains the new basis for power till the Age of Revolutions. Accordingly, the Catalan scholarship points at ninth-century viscounts who appear sporadically, but sometimes with counts, as being the public system working and the viscounts as official delegates of the counts, and mostly argues this for the tenth-century ones as well, though as we’ve seen I have my doubts.12 The delegation was necessary because there were more counties than counts: a count of Barcelona, Girona and Osona couldn’t be everywhere at once, so someone had to hold the fort or forts while he was elsewhere. This idea is echoed in the Débax volume in a few places, for Rouergue before the Millau swallowed it, for example, but in general they have too many viscounties springing up out of nowhere for the idea of delegation to look normal.13

That suits me fine, because I’ve never liked the delegation argument, which goes back to Ramon d’Abadal but wasn’t up to his usual standard of analysis.14 In the first place, the plurality of comital holdings really doesn’t reach back to the ninth century, when one county per count was much more normal, but there were viscounts already then. In the second place, a count couldn’t be everywhere in a county either, so what makes those quite big units the natural level at which jurisdiction does not need dividing or delegating? And in the third place, to which I’ll come in a bit, other than sometimes presiding over courts, which was a thing that many sorts of person could do, viscounts don’t seem to have done the same jobs as counts in many ways. The only place where we arguably do see viscounts behaving like delegates of the counts is in Osona, a county that was created ex novo by a count in the 880s; the best example is the rights given to Viscount Ermemir II over Cardona in its franchise of 986, but we see older members of the family doing things at comital bidding too.15 That’s harder to find where the jurisdiction was older; there, the counts don’t seem to have had this kind of systematic direction of their viscounts. There is also some echo of this in the Débax volume: in Marseille and the Limousin the counts of Toulouse acquired these areas as new concerns and then set up viscounts there, and in Poitou a different family did, because they had no immediate local basis of power themselves and other places they needed to be, so they had to. But it’s clearly not where the idea of viscounts comes from.

My own copy of my book, Rulers and Ruled in Frontier Catalonia, 880-1010: pathways of power

Cover of Jonathan Jarrett, Rulers and Ruled in Frontier Catalonia, 880-1010: pathways of power (Woodbridge 2010), available from at least some good booksellers!

For me, it’s actually that idea that is crucial. In 2010, in my so-far-only monograph, I had a section entitled ‘Power with a name’ that I think still bears some weight. The thing is, you see, if Duby and the other feudal transformationists demonstrated anything they demonstrated that a local magnate who was beyond the control of a higher authority did not need a title for his power; he (or indeed she) could just appropriate revenues and turn them into custom by means of threat and force.16 But to call yourself a ‘vicescomes’ was to emphasise that there was in fact an officer called a ‘comes’ who you weren’t; in fact, you stood in place of him in a way that uncomfortably suggested responsibility to him. ‘Vicarius’ was even worse, but essentially meant the same thing. As with the counts themselves, these were all claims to exercise power on behalf of someone else, not by your own hand. So there must have been substance to such a claim which made that potential liability worth
admitting.17 The old Carolingan legislation that people in all these areas, Catalan or not, occasionally copied up, give some ideas from what it forbids viscounts to do to those whom the kings had given immunities: it might have included demanding labour services from people on roads or fortifications, calling out militarily-liable people or charging them not to, taking fines and penalties at court, and a good few other things probably.18 But these rights can only have been restricted to such ‘public’ officials as long as the public power existed, so in that sense the very existence of viscounts tells us that there were rights that people still recognised as being restricted to people who had certain sorts of power only, and not others.

So in 2010 I suggested that the viscounts in Catalonia were best understood as powerful independents who had, for one reason or another, decided to engage with the effective takeover of royal powers by the counts, recognising perhaps that they could not, or could not yet, be counts themselves but could retain command in their key areas by pretending that they were comital delegates, and acting that part when required.19 Then their descendants were stuck with the legacies of that choice, which often allowed them room for powerful expansion but on someone else’s agenda. I’m not sure if that was true of all of them, but I think it works as an explanation for the ones I know best. And it also fits with some of the Débax team’s cases: Auvergne, predictably covered by Christian Lauranson-Rosaz, had viscounts whose origins he couldn’t explain as anything other than independents who coralled themselves a piece of the surviving public power, and André Constant, for all that his chapter floats what seems to me a quite unjustifiable theory that all his viscounts were also archdeacons in the Church by right till reform stopped that, sees the same thing in the bits of Catalonia I know less well.20

It seems clear that one size won’t fit all here. Even in Catalonia viscounts seem to have had diverse origins, with the Osona family who became the Cardonas presumably having some prominence that made them locally useful but then relying on comitally-driven expansion to turn that into anything substantial, whereas as far as we can see the family that emerged as viscounts of Conflent and sometimes Urgell owed nothing to the counts and were basically irremovable.21 No-one seems to be sure where the Girona viscounts who became the Cabrera developed, and the picture is complicated by the fact that it’s much easier to see them outside their county than within it because there are far fewer surviving documents from Girona than from the frontier counties where they show up as landowners.22 Barcelona has had much more work done on it, partly because it’s the capital but also because one viscount and his brother the bishop ended up besieging the count in his palace at one point, so there’s a story to explain; I haven’t read all that work yet, so I won’t try and guess how they fit.23 But if there’s a pattern there, it seems to me that it is the one of powerful independents accepting a space in a hierarchy which they could work to advantage that explains most cases, and in that case the dignity has still to have meant something that wasn’t just ‘I’m in charge now’. It’s not clear to me how far this applies north of the Pyrenees, given the even greater variety of circumstances plotted by Débax and colleagues, but as so often I wonder what happens if rather than taking France as normal and wondering why Catalonia looks weird we start by looking at Catalonia and then seeing if it explains France.

1. Her name was Riquilda, and the relationship is made clear in her will, which is printed as Eduard Junyent i Subirà (ed.), Diplomatari de la Catedral de Vic: segles IX-X, ed. Ramon Ordeig i Mata, Documents 1, 5 fascs (Vic 1980-1996), doc. no. 346, and also in the Catalunya Carolíngia but I haven’t internalised that reference yet and this post is already late, so the old one will have to do.

2. Hélène Débax (ed.), Vicomtes et vicomtés dans l’Occident médiéval, Tempus 37 (Toulouse 2008), Freemium version online here.

3. Viscounts who never got viscounties in Bas-Quercy and the Toulousain, as described by Didier Panfili, “Bas-Quercy et Haut-Toulousain, un kaléidoscope à vicomtes – IXe à XIIe siècles”, ibid., pp. 73–86; viscounty only developing after some time at Béziers, covered by Claudie Amado, “Les vicomtes de Béziers et d’Agde : Deploiement lignager et bipolarité du pouvoir”, ibid., pp. 21–31.

4. A point made in Roland Viader, “Conclusions”, ibid. pp. 319-333 at pp. 326-327.

5. The overall pattern is asserted in Hélène Débax, “Des vice-comtes aux vicomtes, des vicomtes aux vicomtés : Introduction”, ibid. pp. 7-19; Narbonne is covered in Jacqueline Caille, “Vicomtes et vicomté de Narbonne des origines au début du XIIIe siècle”, ibid. pp. 47–60, and Castillon by Frédéric Boutoulle, “Les vicomtes de Castillon et leur dominium (XIe–début XIIIe siècle)”, ibid. pp. 103–113.

6. Millau: Jérome Belmon, “Aux sources du pouvoir des vicomtes de Millau (XIe siècle)”, ibid. pp. 189–202; la Marche, whose viscounts began as castellans and finished up as counts, is covered by Didier Delhoume and Christian Remy, “Le phénomène vicomtal en Limousin, Xe – XVe siècles”, ibid. pp. 237–250 at Annexe p. 228.

7. For the Trencavel, see most obviously Hélène Débax, La feodalité languedocienne XI-XII siècles : serments, hommages et fiefs dans le Languedoc des Trencavel (Toulouse 2003), but if you have only the volume under discussion then an extremely brief summary is in Débax, “Des vice-comtes aux vicomtes”, p. 15, and they also come into Amado, “Vicomtes de Béziers et d’Agde” at pp. 26-30 and Pierre Chastaing, “La donation de la vicomté d’Agde (1187) ou les vicissitudes du vicecomitatus aux XIIe et XIIIe siècles” in Débax, Vicomtes et vicomtés, pp. 33–45. Auvergne is covered by, who else, Christian Lauranson-Rosaz, “Vicomtes et vicomtés en Auvergne et dans ses marges (IXe-XIe s.)”, ibid., pp. 213–222; Thouars is covered in Géraldine Damon, “Vicomtes et vicomtés dans le Poitou médiéval (IXe-XIIe siècle) : Genèse, modalités et transformations”, ibid. pp. 223–235 at pp. 224-235 and Annexe pp. 200-201; Marseille in Florian Mazel, “Du modèle comtal à la « chatelainisation » : vicomtes provençaux aux Xe–XIIIe siècles”, ibid. pp. 251–264 at pp. 253-257 & 260. For Béarn see Bénoît Cursente, “Les Centulles de Béarn (fin Xe siècle-1134)”, ibid. pp. 129–142. Their special circumstances were the availability of the counts then kings of Aragón as an alternative source of patronage, culminating in one of the line dying at Fraga next to Alfonso I the Battler, but that didn’t stop them coming to the court of the Duke of Aquitaine when summoned, it seems.

8. On that revival of governmental strength see now most easily Thomas N. Bisson, The Crisis of the Twelfth Century: Power, Lordship, and the Origins of European Government (Princeton NJ 2015), but it’s present in all the studies in the Débax volume whose viscounts survived long enough, and it’s really interesting how independent lords got squeezed between it and Church reform, without any necessary coincidence of interests between those two pressures. On the individual cases see Jeanne-Marie Fritz, “Marsan et Tursan : deux vicomtés Gasconnes”, in Débax, Vicomtes et vicomtés, pp. 115–127, Tursan at pp. 122-127 and Marsan at pp. 115-118; Bruniquel in Panfili, “Bas-Quercy et Haut-Toulosain”, pp. 75-79 & 83-84 and Laurent Macé, “Le nom de cire : Jalons pour une enquête sur les sceaux vicomtaux du Midi (XIIe-XIIIe siècles)” in Débax, Vicomtes et vicomtés, pp. 305–317 at pp. 311-312; Narbonne in Caille, “Vicomtes et vicomté”, pp. 56-59.

9. Reform as the enemy in Mazel, “Du modèle comtal à la « chatelainisation »”, pp. 258-261;, Jacques Péricard, “Les vicomtes de Bourges (IXsup>e-XIIe siècle) : une éphemère émancipation” in Débax, Vicomtes et vicomtés, pp. 279–289 at p. 288, and Viader, “Conclusions”, pp. 329-330, and also in André Constant, “Entre Elne et Gérone : Essor des chapitres et stratégies vicomtales (IXe-XIe siècle)” in Débax, Vicomtes et vicomtés, pp. 169–187 at pp. 178-186, but that goes to heroically unsustainable lengths to associate the viscounts with Church office in the first place, which for the period I know I’m pretty sure are faulty, and admits that the viscounts managed the Augustinian reform very well, so in general I have doubts about this as a case.

10. On viscounts in the north see Jean-François Nieus, “Vicomtes et vicomtés dans le nord de la France (XIe-XIIIe siècles) : Un monde d’officiers au service du pouvoir princier”, in Débax, Vicomtes et vicomtés, pp. 291–303; on Castelnau see Florent Hautefeuille, “Une vicomté sans vicomte : les Gausbert de Castelnau”, ibid. pp. 61–72.

11. The people who’ve been following me a while will know the classic references by now, but they are Pierre Bonnassie, La Catalogne du milieu du Xe à la fin du XIe siècle : Croissance et mutations d’une société, Publications de l’Université de Toulouse-Le Mirail, Sèrie A, 23 & 29 (Toulouse 1975-1976), 2 vols, and Josep M. Salrach, El procés de feudalització (segles III-XII), Història de Catalunya 2 (Barcelona 1987), now updated somewhat by the lighter but no less interesting Salrach, Catalunya a la fi del primer mil·lenni, Biblioteca de Història de Catalunya 4 (Lleida 2005).

12. Here I principally mean Ramon d’Abadal i de Vinyals, “La institució comtal carolíngia en la pre-Catalunya del segle IX” in Anuario de Estudios Medievales Vol. 1 (Barcelona 1964), pp. 29–75, reprinted in Abadal, Dels Visigots als Catalans, ed. Jaume Sobrequés i Callicó, Estudis i Documents 13 & 14 (Barcelona 1969), 2 vols, I pp. 181–226, and reprised and updated in Abadal and José María Font i Rius, “El regímen político carolingio” in José Manuel Jover Zamora (ed.), La España cristiana de los siglos VIII al XI, volumen II: Los nucleos pirenaicos (718-1035): Navarra, Aragón, Cataluña, ed. Manuel Riu i Riu, Historia de España Menéndez Pidal 7 (Madrid 1999), pp. 427–577. The Catalan perspective in the Débax volume comes from Henri Dolset, “Vicomtes et vicomtés en Catalogne frontalière aux Xe-XIIe siècles (Barcelone, Gérone, Osona, Tarragone) : territoire et pouvoir” in Débax, Vicomtes et vicomtés, pp. 157–168 and Constant, “Entre Elne et Gérone”, as well as Élisabeth Bille, “Des vicomtes dans le comté de Cerdagne : du fidèle du comte au seigneur féodal (IXe-XIIe siècle)” in Débax, Vicomtes et vicomtés, pp. 143–155, which was discussed in a previous post.

13. Belmon, “Aux sources du pouvoir des vicomtes”, Annexe pp. 179-181.

14. Abadal, “La institució comtal carolíngia”.

15. The Cardona franchise is printed in Antoni Galera i Pedrosa (ed.), Diplomatari de la Vila de Cardona (anys 966-1276): Arxiu Parroquial de Sant Miquel i Sant Vicenç de Cardona, Arxiu Abacial de Cardona, Arxiu Històric de Cardona, Arxius Patrimonials de les Masies Garriga de Bergús, Palà de Coma i Pinell, Diplomataris 15 (Barcelona 1998), doc. no. 7 – again, it’s in the Catalunya Carolíngia but I don’t right now have the space to look it up. On the creation of the county see Ramon d’Abadal i de Vinyals, La Plana de Vich en els segles VIII i IX (717 – 886), Estudis d’història vigatana (Vich 1954), reprinted as “La reconquesta d’una regió interior de Catalunya: la plana de Vic (717-886)” in Abadal, Dels Visigots als Catalans (Barcelona 1969), I pp. 309–321. An earlier instance of the family’s cooperation with the counts is Viscount Ermemir I’s attendance at Count Sunyer’s marriage, seen in Federico Udina Martorell, El Archivo Condal de Barcelona en los siglos IX-X: Estudio crítico de sus fondos, Textos 18 (Barcelona 1951), doc. no. 9; again, it will be in the Catalunya Carolíngia too but I haven’t looked on this occasion.

16. The locus classicus here obviously Georges Duby, La société aux XIe et XIIe siècles dans le région mâconnais, Bibliothèque de l’École Pratique des Hautes Études, VIe Section (Paris 1971), but, as with the Nestorians, the founder of the doctrine has been surpassed by his followers, by whom in this instance I mainly mean Jean-Pierre Poly and Éric Bournazel, The Feudal Transformation: 900-1200, trans. Caroline Higgitt, Europe Past and Present (New York City NY 1991). In both cases I cite the editions I’ve used, but there are updated ones.

17. Jonathan Jarrett, Rulers and Ruled in Frontier Catalonia, 880-1010: pathways of power, Studies in History: New Series (Woodbridge 2010), pp. 129-133.

18. For example, see Ramon d’Abadal i de Vinyals (ed.), Catalunya carolíngia volum II: Els diplomes carolingis a Catalunya, Memòries de la Secció històrico-arqueològica 1 & 2 (Barcelona 1926-1952, repr. 2007), 2 vols, Particulars VII: “Et nullus comes, nec vicarius, nec juniores eorum, nec ullus iudex publicus illorum homines, qui super illorum aprisione habitant, distringere nec iudicare presumant.” Thus spoke Emperor Louis the Pious to Joan of Fontjoncouse in 815. It doesn’t specifically mention viscounts, I admit – in fact none of the royal legislation for the area does even though they were sporadically there – but it would be hard for one to argue they weren’t included in the ban, I reckon.

19. Jarrett, Rulers and Ruled, pp. 133-135.

20. See nn. 7 and 9 above respectively.

21. M. Rovira i Solà, “Noves dades sobre els vescomtes d’Osona-Cardona” in Ausa Vol. 9 no. 98 (Vic 1981), pp. 249–260, online here, covers both families, and I add some details on Conflent in Jarrett, Rulers and Ruled, pp. 136-141; cf. Bille, “Des vicomtes dans le comté de Cerdagne”.

22. Three pretty much incompatible views of the membership and relationships of this family can be found between Jaume Coll i Castanyer, “Els vescomtes de Girona” in Annals de l’Institut d’Estudis Gironins Vol. 30 (Girona 1989), pp. 39–98, online here, Dolset, “Vicomtes et vicomtés en Catalogne frontalière”, and Constant, “Entre Elne et Gérone”.

23. Obviously I have read Dolset, “Vicomtes et vicomtés en Catalogne frontalière”, but behind him there’re Francesc Carreras y Candi, “Lo Montjuích de Barcelona” in Memorias de la Real Academia de Buenas Letras de Barcelona Vol. 8 (Barcelona 1902), pp. 195–451, and now José Enrique Ruiz-Domènec, Quan els vescomtes de Barcelona eren: història, crònica i documents d'una familia catalana dels segles X, XI i XII, Textos y documents 39 (Barcelona 2006), both of which have had exciting differences from my views wherever I’ve dipped into them and so need proper treatment some time in a mythical future.

Mistakes about Catalan viscounts

(In October 2018, somehow, I seem to have managed to claw back some reading time; I think this may have been the point at which I decided to read for research on the train to and from work on the grounds that at least that way I was reading something. One of the things I picked was a French volume about viscounts, which was germane to what I then thought I was working on, and it occasioned me to stub several posts for the blog. The following one, though, I originally wrote in one go on 17th October, apparently mainly out of outrage. I’ve now defanged it somewhat and post it in the spirit of 2022 as far as I can, rather than that of 2018.)

This is a post of reflection, prompted by my having read a piece of someone else’s work that made me cross. Long-term readers will remember this happening more in my younger days; I said some angry things in print or indeed here, feelings were hurt, and I now try not to do the destructive-mode thing for the most part. After all, it’s not as if my own work is magically free of all error. But sometimes, what gets me is that I can see how it could have been done better because I know the stuff too, and this is one of those cases.

The piece that prompts this is a short chapter about the viscounts of Cerdanya.1 I have been learning a lot about viscounts lately. I began looking for stuff about the viscounts of Narbonne, because a cousin of Borrell II, with whom he may have grown up, married into their family. (We know this because she left something in her will to him and his brother.2) But the book in which that chapter lay contained studies of many another area’s viscounts, and also the reflection that actually it was only fringe areas of France that developed semi-independent viscounts, really, mainly from the very late tenth century until the twelfth, when either the Albigensian Crusade or the Plantagenets rather shook them out of their trees.3 And among these things are two articles by French scholars on Catalan viscounts, one by Dr Élisabeth Bille.

Now, my reason to care is that there is a chapter in my book which has a section on the viscounts of Conflent, and despite the title of Dr Bille’s chapter, that is effectively who it is about: the two families conjoined in the mid-11th century and she doesn’t trace the Cerdanya side back before that, while the viscount of Cerdanya whom she does mention, Unifred, discussed below, is problematic. My chapter was based on a larger part of my thesis, but my thesis was finished in 2005, didn’t go online till 2007, this book came out in 2008 and seems to have been based on a conference that must have happened earlier, and I only submitted the text of my actual book to the press in 2008… So neither of us could have known about the other’s work, and indeed I only find hers now.4 But of course we’re working off the same sources, so ideally our work would find the same things. This is not what has happened. My quibbles, enumerated, are these.

  1. In passing, Bille refers to Count Ermengol I of Osona dying in battle in one of several engagements with his cousins the counts of Cerdanya, in 942.5 This has been said by several people, but there’s no actual basis for it; a twelfth-century text from the place where he was buried says he died at Baltarga, and people have deduced that it should have been a fight with Cerdanya because that’s where the place is, but firstly no other source says this, secondly that source doesn’t say whom he was fighting and thirdly for that reason someone else has argued that he died defending his country from Hungarian raiders, which also could have happened but for which there is no more proof.6 So while this doesn’t really affect the overall conclusion much it made me suspect that trouble lay ahead.
  2. It becomes clear where when Viscount Unifred of Cerdanya first turns up. This man is very little attested, but he appears between 913 and 928 as a fidelis of Count Miró II of Cerdanya; then the next (and last) mention we have of him is in 954, when the Counts of Cerdanya and Besalú, Miró’s sons, wrote to King Louis IV asking for permission to seize Unifred’s property because he had rebelled against them.7 For Bille this shows that the counts could still depose viscounts at this stage and disinherit their heirs, but for me it shows the absolute opposite: not only did they need royal permission, leading to them contacting a king for the first time in their or their father’s lives that we know of, but also given that this was forty years after Unifred’s first adult appearance, he was almost certainly dead by now. And, as it turns out, his children actually did inherit a decent chunk of his property.8 Bille knows the charter that shows that, but doesn’t read it my way, or know of other Catalan work that did.9 In fact, she doesn’t use much current Catalan work on Catalonia at all. And this does all matter, because her overall argument is that viscounts changed from being biddable subordinates of the count to territorially-entrenched independents over the eleventh century, whereas I’d say Unifred shows that they were already independents in the tenth and had probably always been, so the change must be otherwise described.9bis
  3. A further example of this is Viscount Bernat of Conflent, Unifred’s grandson as it happens, though Bille does not know this. He ruled Conflent between 971 and 1001, in which as far as Bille is concerned the viscounts were still the counts’ assistants. Actually, as she must know, having read the same documents I have, Bernat never appeared with a count in his lifetime. He must have known them – he even shared care of a castle with Borrell II at one point – but he ran things entirely separately from them as far as we can see, something which was made much more possible by the fact that first his brother then his son were successive bishops of Urgell, meaning that the family had someone else who could represent them to the counts.10 As it is, Bille mentions Bernat once and moves on without discussion of either his ancestry or how his career sits at complete variance to her discussion. She moves onto Bernat Sunifred of Cerdanya, from the next century, so quickly that it’s easy to think that the two were the same man.11
  4. Another part of Bille’s argument is that the viscounts did not have assigned property or territories before about the mid-11th century; for her, they were essentially floating officers of the count. How they were maintained she never discusses, but to support her basic contention she says that none of her viscounts are named as viscounts of a particular place or territory before 1050.12 To which I say, Bernat of Conflent was so named at the consecration of the new church of Sant Miquel de Cuixà in 974, and the reason clearly is that two viscounts called Bernat were present so had to be distinguished, this one and one of Cerdanya (the latter, as far as we can tell, not a descendant of Unifred).13 It could be done, therefore; it just didn’t normally need to be said. Everyone at the time knew who the viscount was, after all. Now, when one goes and looks at the references Bille provides here (which is not easy, as they’re given on CD-ROM!14), she doesn’t know that document; but actually, she knows three others I didn’t in which viscounts of this family are named with territories prior to 1035!15 Yet in the chapter body she says that never happened, even though her reference is three cases where it did!
  5. Lastly and less importantly, Bille notes that this family managed to dominate the bishopric of Urgell for fifty years or so, till Bishop Ermengol, Bernat’s son, progressed himself to sainthood by falling off a bridge in 1035.16 After Bishop Eribau, who succeeded him, the counts managed to corner that see for themselves.17 Well, fair enough actually, except that unbeknownst to her Eribau was also a member of the same family, if not the exact same branch of it. Again, if she knew the relevant Catalan work she’d have known that.18

Now, with all that on one side of the balance, on the other I do understand how this sort of thing can happen. After all, if I go back and look at my thesis now I cringe in places at what I didn’t know and thought I did, and while this article was published four years after Dr Bille’s thesis it was presumably written much closer to it.19 If I were guessing what had happened here, it’s that by the time the editors got proofs back to her, she had perhaps found this extra stuff but they would only let her make changes to the digital section, not the print text, so correcting the references was all she could do. It’s also just hard to be up to date with literature in a country not your own. I’m always massively behind with the Catalan scholarship, because it’s so hard for me to find out what is being published and then get hold of it; the tricks I can perform in a UK environment of being present at enough events and conferences that I hear from active people and can use what they tell me to learn what I need to be aware of, I can’t do somewhere I don’t live (insert: as you can tell, a pre-Covid-19 perspective here). One winds up patching one’s ignorance with Google, and in 2005 that didn’t work as well as it does now. I’m acutely conscious of this just now because I am currently trying to work out how to do revisions on an article I unwisely wrote out of my normal area. Predictably, it has come back with reviewers’ comments indicating my ignorance, and setting me reading I will have to go to Cambridge, London and ideally Barcelona to do, because some of it isn’t available in the UK at all.20 In term-time, that is very difficult, and I will probably have cut some corners to answer these critiques by the time this post goes up.20bis Given that when that article comes out, someone could probably be just as cross about it, perhaps I should just recognise that sometimes this happens to people, forgive it and move on.

Except that… My mistakes have got caught by peer review; that is what’s supposed to happen. Bille’s got published. Moreover, however it happened, she ignores, sidelines or just plain misreads several documents that damage her argument seriously. Peer reviewers ought to have caught that—I would have caught it, even in 2006—but I don’t see how she cannot have known that the evidence conflicted with her argument. We’re supposed to do this right, after all; even if historians don’t believe we can actually know what happened, we have to be as careful as possible in trying to find out and as honest as possible about what we find. Without that, we have no claim to being experts, as opposed to opinion columnists, and without expertise there’s no justification for the profession at all. So I still think this needs pointing out. Probably it’s partly that it’s stuff I have written about, and therefore want to believe I got right, and she doesn’t agree. But I also think this shouldn’t have been published without being checked and fixed. So, this is the check. I cannot find any sign that Dr Bille has continued in the profession, so I guess that there will not be a fix; but at least if someone else is using the chapter, they can now see the problems too.

1. Élisabeth Bille, “Des vicomtes dans le comté de Cerdagne : du fidèle du comte au seigneur féodal (IXe-XIIe) siècle” in Hélène Débax (ed.), Vicomtes et vicomtés dans l’Occident médiéval (Toulouse 2008), pp. 143–155.

2. Eduard Junyent i Subirà (ed.), Diplomatari de la Catedral de Vic: segles IX-X, ed. Ramon Ordeig i Mata, Documents 1 (Vic 1980-1996), 5 fascicles, doc. no. 346. The two brothers are the only distant kin or nobility mentioned, and it doesn’t seem too far-fetched to suppose that this implies some special memory of them from before she was packed off to Narbonne; such memories wpuld have to be childhood ones, when they would have been even younger than her. One could make a more realpolitikal argument that she was maintaining links with the counts beyond her neighbours, but if so this is the only one she tried doing like this, and I think that suggests that the personal link was determinative.

3. Hélène Débax, “Des vice-comtes aux vicomtes, des vicomtes aux vicomtés : Introduction” in eadem, Vicomtes et vicomtés, pp. 7–19; for shaking from trees, see Mireille Mousnier, “Vicomtes de Gimois et de Terride : une difficile polarisation”, ibid., pp. 87–102, and Jeanne-Marie Fritz, “Marsan et Tursan : deux vicomtés Gasconnes”, ibid., pp. 115–127.

4. The relevant bits of mine are Jonathan Jarrett, Rulers and Ruled in Frontier Catalonia, 880-1010: pathways of power, Studies in History New Series (Woodbridge 2010), pp. 133-141, developed from Jonathan Jarrett, “Pathways of Power in late-Carolingian Catalonia” (unpublished Ph.D. thesis, University of London, London, 2005), online here, pp. 219-221.

5. Bille, “Vicomtes dans le comté de Cerdagne”, pp. 144-145, referring to plural “heurts” between the kingroups; only one is known, and that was with Count-Marquis Borrell II of Barcelona. On it, see for now Josep Maria Salrach i Marès, “Política i moral: els comtes de Cerdanya-Besalú i la comunitat de monges benedictines de Sant Joan (segles IX-XI)” in Irene Brugués, Xavier Costa and Coloma Boada (eds), El monestir de Sant Joan: Primer cenobi femení dels comtats catalans (887-1017) (Barcelona 2019), pp. 225–257 at pp. 229-231, developing earlier work of Salrach’s which could have been available to Bille.

6. Salrach, “Política i moral”, p. 228; Albert Benet i Clarà, “La batalla de Balltarga. Epíleg de la incursió d’hongaresos a Catalunya l’any 942” in Quaderns d’Estudis Medievals no. 9 (Barcelona 1983), pp. 639–640. The source is the Gesta Comitum Barcionensium, now best edited in Stefano Maria Cingolani (ed.), Les Gesta Comitum Barchinonensium (versió primitiva), la Brevis Historia i altres textos de Ripoll, Monuments d’Història de la Corona d’Aragó 4 (València 2012), pp. 9-160 at VI.2: “Ermengaudus vero frater eius, apud Baltargam bello interfectus, sine filio obiit.” And that’s all it says, in this single mention two hundred years later! So you’d think that as an idea it would have failed already, but since writing this post’s first version I have found Oliver Vergés Pons, “La batalla de Baltarga en el joc de la política comtal del segle X: la mort d’Ermengol d’Osona i la successió del comtat d’Urgell” in Anuario de Estudios Medievales Vol. 48 (Barcelona 2018), pp. 901–923, online here, which returns to the Barcelona-Cerdanya theory and needs examination separately. The shortest version of my protest would be that none of the contemporary sources for his death mention the battle, but they do mention illness, and I think the battle was fictitious.

7. With Miró in Ramon Ordeig i Mata (ed.), Catalunya carolíngia Volum IV: Els comtats d’Osona i Manresa, Memòries de la Secció Històrico-Arqueològica 53 (Barcelona 1999), 3 vols, doc. no. 119; overseeing Miró’s will in Ramon Ordeig i Mata (ed.), Catalunya carolíngia Volum 8: Els comtats d’Urgell, Cerdanya i Berga, Memòries de la Secció Històrico-Arqueològica 111 (Barcelona 2020), 2 vols, doc. no. 229 (but published elsewhere as long ago as 1838); having his lands confiscated in Ramon d’Abadal i de Vinyals (ed.), Catalunya carolíngia volum II: Els diplomes carolingis a Catalunya, Memòries de la Secció històrico-arqueològica 2-3 (Barcelona 1926-1952), 2 vols, Particulars XL.

8. Pere Ponsich (ed.), Catalunya carolíngia volum VI: Els comtats de Rosselló, Conflent, Vallespir i Fenollet, rev. by Ramon Ordeig i Mata, Memòries de la Secció Històrica-Arqueològica 70, (Barcelona 2006), 2 vols, doc. no. 490, first published in 1981; for the prosopography the relevant work needed here is Manuel Rovira i Solà, “Noves dades sobre els vescomtes d’Osona-Cardona” in Ausa Vol. 9 no. 98 (Osona 1981), pp. 249–260, online here.

9. Bille, “Vicomtes dans le comté de Cerdagne”, Annexe no. 43. On the complications of following up references in this volume, see n. 14 below.

9bis. In Jarrett, Rulers and Ruled, pp. 144-147, indeed, I suggested that titles like ‘viscount’, ‘vicar’ and the like might indicate rewards issued to powerful independents for engagement with the comital power structure, rather than any actual office and responsibility, and I still think that was true in some cases, but one of the other posts I stub wrestles with this question separately.

10. Ibid., pp. 136-141.

11. Bille, “Vicomtes dans le comté de Cerdagne”, pp. 149-150.

12. Ibid. p. 154.

13. Ordeig, Catalunya carolíngia 8, doc. no. 718, first published in 1979; Jarrett, Rulers and Ruled, p. 135 n. 31.

14. I do, sort of, understand why some supporting material for academic work is best viewed online. There are things that won’t fit on a page’s format, interactive datasets that can’t be rendered in print, images that need to be in colour or scaled in ways that the print book didn’t allow for, and all these might, just, justify the peculiar awkwardness of needing a computer to read your print book usefully. But this is just a PDF, effectively another 220 pages of the book, and while I see how they might have been expensive to add, in the first place not so many computers even have CD-ROM drives any more, especially not laptops, so you may not even be able to read this book on your own computer, and in the second place a lot of it is just footnotes that any normal press process would expect in academic work anyway. It’s hard to see why they didn’t just publish it digital-only, given how awkward this mish-mash of technologies is…

15. Bille, “Vicomtes dans le comté de Cerdagne”, Annexe p. 133 n. 21.

16. On Bishop Ermengol, the beginning of whose career we have documented here in the past, see for now Jeffrey A. Bowman, “The Bishop Builds a Bridge: Sanctity and Power in the Medieval Pyrenees” in Catholic Historical Review Vol. 88 (Washington DC 2002), pp. 1–16.

17. Bille, “Vicomtes dans le comté de Cerdagne”, pp. 150-151

18. Rovira, “Noves dades”.

19. My worst mistake in that was picked up in the viva, thankfully, and didn’t get to the version of record. There is a charter I’ve mentioned here before, in which a frontierswoman bequeaths some stuff to her deacon son, including what seem to be revenues from border-raiding. The Latin terms for these are ‘praedis et peccoribus’, and I had trouble translating the second term. William Whitaker’s invaluable Words program came up with the fairly hypothetical ‘little sins’, deriving it from ‘peccata’, and I ran with that and developed an argument that the scribe was imposing his moral view of this raiding onto the charter even though the transactors presumably thought it was cool. One of my markers pointed out, though, that ‘peccores’ would be a perfectly normal Latin word for ‘pigs’. That whole argument came out of the thesis as soon as I could bear to look at it again…

20. You may ask why I don’t inter-library loan it all. The answer is threefold: firstly, it would cost me ten pounds an item that I can’t charge to expenses, an ongoing argument; secondly, inter-library loan from Spain is really erratic and can take months to turn up if it comes at all; thirdly, it’s term-time, so if something does turn up quickly, and is restricted to the Library, and I also have marking due, I simply won’t be able to open it before it’s due back. Thus, I wind up taking the much more expensive option of going where it is at a time I choose, not least because that, I can charge to expenses without argument. But I’d rather be at home a few more weekends than this will all permit me, and of course, it shouldn’t be necessary to work in my own time to fulfil the requirements of a paid job, right? It just always, always is in academia. (Note: this whole note was written in 2018, but it does help explain why people might by now be frustrated enough to strike.)

20bis. Actually, in 2022, I haven’t, because I couldn’t get permission from work to go to the relevant library enough. I will finish the article when my managers care to make it possible for me to do so. Again, this is why we’re on strike.

From the Sources X: the most interesting document in the judicial administration of Carolingian Catalonia

Such is the claim that Josep María Salrach makes of the document below, and Senyor Professor Salrach does not say such things without basis so I thought I could do no better than put it before you!1 The matter is a hearing of 25th March 874, held before Count Miró I of Conflent, brother of Guifré the Hairy, though this is before either of them hit the sovereign big-time with their appointment to more counties in 878. Instead, what we have here is the working of a just-still-Carolingian judicial apparatus, and it goes like this.2

“In the court of Count Miró and the judges who were ordered to hear, determine and rightly judge the cases, that is, Langovard, Bera, Odolpall, Dodó, Esteve, Fulgenci and Guintioc, judges, on in the presence of many other worthy men, the priest Kandià, Rautfred, Cesari, Goltred, Mauregat, Sentred, Ennegó, Sesgut, Daneu, Llop, the Saió Enelari, everyone who was seated in that court, there came a man, Sesnan by name, the representative of Count Miró, and he said: ‘Hear me, how that same Llorenç, that he ought to be a fiscal slave from the descent of his parents and grandparents, with his brothers and kinsmen, and they did service to the lord Count Sunifred, father of my lord by voice of whom my lord ordered me his representative to enquire.’
“Then the abovesaid judges said to Llorenç, who was summoned on behalf of himself and his kinsmen: ‘What do you answer to this?’ And he said in response: ‘I ought not to be a fiscal slave, and neither should my kinsmen, by descent from our grandfathers or grandmothers in the paternal or maternal lines, since I and my kinsmen, just as it says in the Law of the Goths, for 30 or fifty years have stayed in the houses in which we who are present among you were born without any blandishment or servile yoke, in the villa of Canavelles, with no count or judge summoning us.’

Archives Départementales du Bas-Rhin, 151 J 50, fo. 1r., a fragment of the Visigothic Law

Here is a completely non-Catalan copy of the Law, a fragment from Lorsch now in Straßburg, but it is at least ninth-century and secondly dealing with enslavement (V.4.x), so that’s not bad is it? For full reference to the text see n. 4 below. The MS is Archives Départementales du Bas-Rhin, 151 J 50, fo. 1r.

“We the judges indeed said to the representative Sesnan: ‘Can you present witnesses or documents or any index of truth by which you may prove that this same Llorenç, his brothers or his kinsmen ought to be fiscal slaves to your lord, and that they have been subjected to service within those legitimate years that the response mentioned?’ And he said: ‘I have no other proof than that I found in an inventory of my lord that his father assigned to him the woman Ludínia who was related to this kindred whom I prosecute.’
“We the judges indeed said to Llorenç: ‘How did that same Ludínia, who was your grandfather’s sister, come to be in that inventory if she was not a fiscal slave?’ And Llorenç responded: ‘I don’t know why it says that, but I do know one thing, that she was not a slave subject to service; but if servile condition isn’t carried from someone in the kindred to which I am connected to their children, then the servile condition doesn’t apply to their children.’

Madrid, Biblioteca de la Real Academia de Historia, Cod. 34, fo. 43r

And here is the exact bit of the Law that is about to be quoted, V.7.viii, from a late-ninth or early-tenth-century copy now in the Real Academia de Historia in Madrid, to which I can now link you because PARES have finally enabled stable URLs! It is Biblioteca de la Real Academia de Historia, Cod. 34, fo. 43r.

“So we searched in the Law of the Goths where it says: ‘If anyone wishes to bring a free person into slavery, let him demonstrate by what rule the slave came to him. And if a slave should claim himself to be a free person, and shows to the selfsame person proof of his freedom in the same way’, and the rest which follows.
“Wherefore we asked that same Llorenç if he might be able to produce such witnesses as the law says, that he or his kinsmen ought to answer for nothing to the fisc. He said: ‘I can’. He introduced four legitimate witnesses without any crime, that is, Guitsèn, Adaulf, Belès and Viatari, who swore by a solemn oath just as is written there. Then we the abovesaid judges said to Sesnan: ‘Can you produce more or better witnesses, or name a crime that prohibits testimony in the law, today or later?’ And that man said in his answers: ‘I can produce neither witnesses nor documents nor any index of truth whereby I may defame those same witnesses, or to subject those same persons to service neither in those same three hearings nor at any other time, today or hereafter. I thus, by the interrogation of the judges and in the presence of worthy men do recognise and quit my claim in the villa of Vernet, in the church of Sant Sadurní, and recognise that I have received the oaths which those same witnesses made truly by the order of my lord, and those things that I have done rightly and truly I do recognise and evacuate in the judgement of you or the presence of those written above.’

A Catalan copy of the Visigothic Law, Abadia de Montserrat MS 1109, from Wikimedia Commons

Lastly let’s just bring out that Catalan copy of the Law one more time… Abadia de Montserrat ([1]) [Public domain], via Wikimedia Commons.

“Recognition or evacuation made on the 8th Kalends of April, in the 34th year of the reign of King Charles.
“Sig+nature of Sesnan, representative of the lord count Miró for fiscal cases needing answering, who have made this recognition or evacuation and handed [it] over [to] witnesses for confirming. Miró. Guintioc. […]
“Protasi, conversus if God should be his companion, who have written this document of recognition or evacuation on both the day and year as above.”

Again, there is an awful lot here to play with. I like especially the representation of direct speech that, it becomes clear, can’t be, because they talk in formulae and refer to things that haven’t been reported, like the exact nature of Ludínia’s relationship to Sesnan. I also note that here both sides, both the state representative and the undowntrodden peasant, cite the Law of the Goths, and the judges know that the peasant’s cite is justified. As I have said, people generally do seem to have known about the thirty-year rule. I am also fascinated by the suggestion that Count Miró I had an officer whose business was the pursuit of fiscal claims, though the complex phrasing that Protasi (who was at this stage in the business of drumming up support for a monastery at Sant Andreu d’Eixalada that would not end well, and was a serious person about the public sphere) seems to have loved may be making as much of that title as it does of his own (which is, I should make clear, very hard to translate, so I may be glossing what is actually incoherence). And of course, the count has an inventory! But as we have seen before (when talking of later, but so what?) it’s not a very good inventory; the claim hadn’t been pursued for years and the only data the count had went back a generation and was inherited, rather than compiled, by the current administration. As I said a couple of posts ago, just because the Carolingian and post-Carolingian state had ambitions to systematic record doesn’t mean that they were necessarily very good at it.

Saint-Saturnin de Vernet-les-Bains

And finally the actual location of the hearing, in its modern guise, Sant Sadurní de Vernet or as you would now find it in an atlas, It seems an impressive enough place to hold court! Saint-Saturnin de Vernet-les-Bains. By Baptiste Autin (Own work (Baptiste Autin)) [GFDL, CC-BY-SA-3.0 or CC-BY-2.5], via Wikimedia Commons.

For Salrach, what is most interesting here is the back and forth about service, servitium, which seems to be what defines slavery in practical terms here.3 There are several definitions floating around the case, it seems to me: the comital claim hinges on an argument by descent, and Salrach says that the relationship is found insufficiently close because of slavery not transmitting through the maternal line so that doesn’t work. They don’t actually say that, though, even though they could have because it too is in the Law of the Goths.4 And what they looked up in the Law doesn’t seem to relate either to that or what they did next, perhaps because although both sides were trying such arguments everyone knew that the thirty-year rule probably made them irrelevant anyway. The deciding factor was whether or not Llorenç’s kinsmen did servitium to the count in that time; they had people to say they hadn’t and Sesnan had nothing but the descent claim from a woman whose presence in a list of slaves wasn’t explicable. As I say, the comital archive wasn’t up to the job it was being asked to perform here.

From all this, anyway, and several other mentions of servitium, Salrach builds up a picture of the development of the obligations of the general populace to the count, seeing it as being a form of servitium generalised to all subjects of the public power (which the Vall de Sant Joan hearing qualifies as army service and the ‘lesser royal service’) and a more specialised, demeaning one that is what was at issue here.5 I’m not sure I would go as far as he does with this but it’s about the only attempt to work out what the counts could actually demand from their subjects that’s not based essentially on a template of Carolingian government assumed still to be running, so for me it still has great value as an idea to work with. Nonetheless, he’s right that this is a very interesting document, and it’s the hints, the drama of court and the attempts by people to swing old law in their directions in various ways and with various unexpected sorts of proof that make it interesting for me as much as the big point that Salrach believes it helps make.

1. J. M. Salrach, Justícia i poder a Catalunya abans de l’any mil, Referències 55 (Vic 2013), p. 128: “Aquest és, segurament, el document més interessant dels que coneixem de l’administració de justícia a la Catalunya Carolíngia.”

2. Pierre Ponsich (ed.), Catalunya Carolíngia VI: els comtats de Rosselló, Conflent, Vallespir i Fenollet, rev. Ramon Ordeig i Mata, Memòries de la Secció històrico-arqueolòico LXX (Barcelona 2006), 2 vols, doc. no. 81: “In iuditio Mirone comite seu iudices qui iussi sunt causa audire, dirimere vel recte iudicare, id est, Langobardus, Bera, Odolpaldus, Dodo, Stephanus, Fulgentius et Guintiocus, iudicum, vel in presentia aliorum multorum bonorum hominum, Kandiani presbiteri, Rautefredi, Cesari, Gultredi, Maurecati, Sentredi, Enneconi, Siseguti, Danieli, Lupon, Enalario saione, omnes qui in ipso iuditio residebant, veniens homo nomine Sesenandus, mandatarius Mirone comite, et dixit: «Audite me cum isto Laurentio qualiter servus fiscalis debet esse ex nascendo de parentes de abios suos, cum fratres vel parentes suos, et servicium fecerent domno Suniefredo comite, genitore seniore meo, ad parte fisclai per preceptum quod precellentissimus rex Carulus fceit domno Suniefredo comite, cuius voce me mandatarium mandat inquirere senior meus».
“Tunc supradicti iudices dixerunt Laurentio, qui est inquietatus pro se et parentes suos: «Qui ad hec respondis?» Et ille in suis responsis dixit: «Non debeo esse servus fiscalis, nec parentes mei ex nascendo de bisabios vel visabias ex paterno vel ex materno, qui ego et parentes mei, sicut lex Gothorum continet, per XXXa vel quinquaginta annis in domois in qua nati sumus inter presentes instetimus absque blandimento vel iugo servitutis in villa CAnabellas, nullo comite vel iuduce nos inquietante.»
“Nos vero iudices Sesenando mandatario diximus: «Potes habere tests aut scripturas aut ullum indicium veritatisunde probare possis isto Laurentio, fratres vel parentes suosu, ut servi fiscale seniori tuo debent esse, ut infra istos legitimos annos quod responsum dedit servituti fuissent?» Et ille dixit: «Non habeo alia probatione nisi inveni in breve senioris mei quod pater suus ei dimisit femina Ludinia qui fuit parentes istius parentele quem ego persequor».
“Nos vero iudices diximus Laurentio: «Unde advenit ista femina Ludinia in isto breve, qui fuit soror abie tue si ancilla fiscalis non fuit?» Et Laurentius respondit: «Nescio quomodo hic resonat, set unum scio, quod ancilla inclinata in servitio non fuit; sed si aliunde ad filios suos conditio servilis non avenit, de parentes quod mihi coniuncta est, non pertinent ad filios suos servilis conditio».
Nos autem perquisimus in lege Gotorum ubi dicunt: «Si quis ingenuum ad servitium addicere voluerit, ipse doceat quo ordine ei servus advenerit. Et si servus ingenuum se esse dixerit, et ipsi simili modo ingenuitatis sue firmam ostendant probationem», et cetera que secuntur.
“Proinde diximus adisto Laurentio si potuisset tales habere testes sicut lex continet ut nullum ex fisco persolvere debeat ille aut parentes sui. Ille dixit: «Possum». Introduxit legitimos quattuor testes absque ullo crimine, id est, Guitesindo, Ataulfo, Beles et Biatarius, qui iuraverunt a serie conditione sicut ibidem insertum est. Tunc nos supradicti iudices Sesennando diximus: «Potes alios habere testes ampliores aut meliores, aut crimen quod in lege vetitum est testificandi dicere hodie aut postmodum?» Et ille in suis responsis dixit: «Non possum habere testes nec scripturas nec ullum indicium veritatis unde istos testes diffamiare possim, aut istos ad servitium inclinare neque isto trinos placitos nec ulloque tempore et hodie et deinceps. Sic me recognosco vel exvacuo ab interrogatione udiucm et presentia bonorum hominum in villa Verneto, in ecclesia Sancti Saturnini, et ut sacramenta fecerunt isti testes veraciter recepi per iussionem senioris mei, et ea qui feci recete et veraciter me recognosco vel excvacuo in vestrorum iuditio vel suprascriptorum presentia».
“Facta recognitione vel exvacuatione sub die VIII kalendas aprili, anno XXXIIII regnante Karolo rege.
“Sig+num Sesenandi, mandatario domno Mirone comite ad causas fiscalis requirendas, qui hanc recognitione vel exvacuatione feci et testes tradidi ad roborandum. Miro. Guintiocus. […]
“Protasius, si Deus comes fuerit, conversus, qui hanc scriptura recognitionis vel exvacuationis iussus scripsi et die et annon quo supra.”

3. Salrach, Justícia i poder, pp. 126-134; see my very brief discussion in J. Jarrett, review of Josep María Salrach, Justícia i poder en Catalunya abans de l’any mil (Vic 2013) in The Medieval Review 14.09.16, online at http://hdl.handle.net/2022/18731, last modified 15 September 2014 as of 27 September 2014.

4. Karl Zeumer (ed.), Leges Visigothorum, Monumenta Germaniae Historica (Leges Nationum Germanicum) I (Hannover 1902, repr. 2005), transl. S. P. Scott as The Visigothic Code (Boston 1922), online here, II.2.iii, which also invokes the thirty-year rule for getting out of such an inheritance if a slave happened to have one.

5. Salrach also attacks this question with different cases, including the Vall de Sant Joan hearing, in Justícia i poder, pp. 87-90, 110-112 & 242-243 (conclusions).