Tag Archives: Jeffrey Bowman

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

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

The Voice of October 2016

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

Brayford Campus of the University of Lincoln

The Brayford Campus of Lincoln University, just for context

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

Law in the Post-Roman West

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

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

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

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

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

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

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

Medieval Iberia

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

The voice of January 2018 now takes up the story…

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

    Monastery of San Julián de Samos

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

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

Keynote 2

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

The Old Palace Hotel, Lincoln

The Old Palace Hotel, Lincoln

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

Justice and Judicial Practices in Early Medieval North-Western Iberia

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

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

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

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

    Cathedral of SS Just & Pastor, Narbonne

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

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

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

West front of Lincoln Cathedral

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

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

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

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

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


Inventing the Visgothic legal ordeal in Catalonia

The backlog in my posting is awful [he wrote in May], but there is obviously something in the period of delay that matches the rhythms of my scholarship: I keep finding that I stubbed posts to blog which I come to just as the thing they were about again comes up in my study. Perhaps this will be another, as I found in reading Josep María Salrach’s Justícia i poder a Catalunya abans de l’any mil that he touches on the issue I blogged about a while ago, that of judges in tenth-century Catalonia fabricating legal precedent for their decisions, and also on a much older post of mine elsewhere about the judicial ordeal, with a case that combines the two things. So obviously it’s necessary to follow those posts up with this one, and presumably by the time this goes up I shall have come up against the idea again! [As it happens, not this time; I have obviously caught up too much! But read on…]

Trial by the ordeal of hot water

The site I grabbed this from gave no source, so neither can I, but though wilfully Classicising it’s still a picture of the ordeal by hot water in ‘olden tyme’ and I can’t find another…

The case is interesting, which is why I blogged it before: it’s the only case of a judicial ordeal recorded in Catalonia before the year 1000, says Salrach, and this is true although the next one is from that year so it’s only just true.1 Never mind. There’s also an excellent clear report of it in Jeffrey Bowman’s book on Catalan justice around the year 1000, which as far as I can see Salrach did not use, which I paraphrase here.2 The events are in 988: one Sentemir was brought to court by the abbey of Sant Cugat del Vallès, who claimed that he had destroyed his brother’s will from which they should have had a large estate; they produced a witness to the will, but Sentemir refused to admit that he ever saw it and finally offered to go to the ordeal to prove his innocence. He chose the ordeal of hot water, in which the litgant plunged his arm full-length into a boiling cauldron and then the extent of his injuries and whether they were healing was assessed by a panel three days later. As Bowman points out, following Stephen White, the thing about ordeals is that the designed outcome almost never occurred as they’re recorded: here, the scribe says that Sentemir had intended to keep himself safe by incantantions and curses, but in fact as soon as his arm got near the cauldron his hand burst into flames, and he confessed. The court condemned him to penal servitude but the bishop let him off, though of course he lost the estate.

Now there’s a range of ways this is interesting: was Sentemir really attempting magic? Was that instead an accusation that one might slander someone with in this period? Either’s interesting. There is also the question of what we are supposed to think actually happened. The last time I blogged this trial, I wondered if Sentemir might have been trying something like coating his arm in pitch or similar to protect it against the boiling, and just caught the cauldron fire, but obviously we’ll never be able to tell from this. But for our immediate purposes the interesting question is why they went to the ordeal at all. It is commonly assumed that this was just something that happened in the early Middle Ages but as I said, this is the first one we have from Catalonia, and Catalonia’s principal source of jurisprudence, the Visigothic Liber Iudicum, Book of Judges, doesn’t mention the ordeal of hot water (or really any others except to outlaw them). So where did the idea come from?

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

An actual Catalan copy of the Visigothic Law, Abadia de Montserrat MS 1109. By Abadia de Montserrat [Public domain], via Wikimedia Commons.

Well, you may remember that in the previous post where I was talking about judges customising their precedents there came up a tenth-century copy of a version of the Liber Iudicum called the Liber Iudicum Popularis, one of two made by one of the judges of the era, a chap called Bonhom about whom I’ve often written, and whose copy is now online in scholarly edition.3 As it turns out, his version of the Liber Iudicum does contain a procedure for the ordeal of hot water, still claiming of course to be the legislation of the Visigothic princes of three hundred years before. And who do you suppose was the judge and scribe at Sentemir’s trial? Who else but Bonhom! So we have another adaptation of the letter of the law to the needs of the day, and one that works out in decidedly suspicious circumstances.

Nonetheless, it seems unlikely that Bonhom just invented the idea in whole cloth, or how on earth would he have convinced Sentemir to do it? As Bowman points out, there’s no sense in the charter that there was dispute about this. That’s perhaps not surprising since Bonhom wrote the document, but this was a man who tells us in his documents when he was sleepy in case it looks odd, so I’d expect more words rather than fewer if there was a problem. Even if it was not usual this was apparently an idea that was known to people. But whence had it come? There’s a famous trial by battle involving Bera I, Count of Barcelona, accused of treason, which the biography of the Emperor Louis the Pious by the anonymous known as ‘Astronomer’ says was done because both parties were Goths, and people have argued that since the Gothic Law has nothing of this, it was really a Frankish idea that got carried into Catalan judicial practice.4 Salrach raises the idea instead that the ordeal was in fact the ‘popular’ practice that Bonhom’s law’s adapted title suggests, excluded from proper practice by the Visigothic kings but locally maintained or innovated and so added in to Bonhom’s text because he knew it was sometimes done. Hey, maybe Sentemir had introduced him to the idea in 988! (Salrach doesn’t suggest that, but as usual, on a blog I can push these things further than I would in print.) That in turn implies that we really ought to look closely at the Liber Iudicum Popularis to find out what had needed changing since the seventh century; it may not all have been invented as needed, even if some of it probably was. This is the kind of thing I read to learn, after all.

1. Josep María Salrach, Justícia i poder en Catalunya abans de l’any mil, Referències 55 (Vic 2013), pp. 37-38.

2. Jeffrey Bowman, Shifting Landmarks: property, proof and dispute around the year 1000 (Ithaca 2004), pp. 119-140, and here esp. pp. 122-124; Stephen D. White, “Proposing the Ordeal and Avoiding It: strategy and power in Western French litigation, 1050-1110” in Thomas N. Bisson (ed.), Cultures of Power: lordship, states and process in twelfth-century Europe (Philadelphia 1995), pp. 89-123, repr. in White, Feuding and Peace-Making in Eleventh Century France, Variorum Collected Studies 817 (Aldershot 2005), VII.

3. Jesús Alturo i Perucho, Joan Bellès, Josep M. Font Rius, Yolanda García & Anscari Mundó (edd.), Liber iudicum popularis. Ordenat pel jutge Bonsom de Barcelona (Barcelona 2003), VI.1.3.

4. Ernst Tremp (ed.), Thegan, Die Taten Kaser Ludwigs (Gesta Hludowici Imperatoris). Astronomus, Das Leben Kaiser Ludwigs (Vita Hludowici Imperatoris), Monumenta Germaniae Historica (Scriptores rerum Germanicarum in usum scholarum separatim editi LXIV (Hannover 1995), Astronomus cap. 32; A. Iglesia, El proceso del Conde Bera y el problema de las ordalías (Madrid 1980).

Widow warlords

A couple of days ago I found myself engaged once again in one of the arguments about medieval society it’s just impossible to resolve, that of how possible it was for women to wield political power as men did. It’s impossible to resolve because it obviously wasn’t usual for women to do so, so every case of a woman who did is exceptional and thus probably unsafe to generalise from. There’s a whole argument’s room in that ‘probably’ of course, but on this occasion the argument focussed on Jeffrey Bowman‘s article on countesses in Catalonia and the Midi in the tenth and eleventh centuries that I mentioned a few posts ago, and there you may remember me promising a post about how I thought his case could be deepened. So, this is it.

Countess Ermessenda of Barcelona, Girona and Osona as portrayed in Televisió de Catalunya's series Ermessenda

There are no contemporary or even medieval depictions of Countess Ermessenda of Barcelona, Girona and Osona, but that’s OK because TV has since provided

Professor Bowman, you may remember, developed a fivefold set of acts of power that he thought women would need to do to hold power like men, and then argued that they did, at least in this area and time.1 These were fighting, doing justice, controlling castles, diplomacy and ‘special projects’, and of these perhaps the toughest to show is fighting. His best example, and everybody’s for female power in this area, is Countess Ermessenda of Barcelona, Girona and Osona, who wound up running her son’s and initially her grandson’s governments and had to be forced to let go by said grandson making open war on her. One of the issues about her rule was that she didn’t send campaigns into Spain to keep the castellans rich, but she certainly directed armies when necessary, though whether she was actually ever in battle herself is harder to show. Her three-generation coregency and final reduction to ignominious and short-lived dowagerhood is about as extreme an example as it’s possible to get, however, even if she was followed by another countess of almost as much ability and independence of whom we have already heard (but who also got murdered).2 And besides, she was at the head of her state. There is only room for one such person at a time; like Margaret Thatcher, she did not necessarily leave the ladder down behind her. So what were the possibilities like a few rungs down?

Now, I could tell you about viscountesses (and in a future post I will) but viscounts were not really very different from counts by the late-tenth century; they too were rulers of their areas, even if some notional comital superiority was occasionally acknowledged.3 So how much further down the ladder can we get? Well, in my famous book I mention a lady called Adelaide (as so many were) who ran a castle. This is admittedly Bowman’s third act of power, not necessarily his first, but it’s worth looking at how she got it. The castle was the Castell d’Orsal, south of Vic, and it enters our record in the hands of the viscounts of Girona. They sold it, however, to a man called Radulf, and he then sold it to Adelaide.4

Remains of the alleged Castell de Malla

This is on Wikimedia Commons as the Castell de Malla, but to the best of my knowledge that should be the just-visible remains on top of the hill (what you can see is basically what there is).5 What this building is, therefore, I’m not at all sure… By Elmoianes (Own work) [CC-BY-SA-3.0-es], via Wikimedia Commons

Now straight away we hit the problem of exceptionality, although for once not about the woman but about the castle. Orsal’s initial owners must have been holding it privately rather than in their official capacity, since though they were viscounts they were not viscounts here, so it’s not entirely clear that the castle had military obligations to fulfil, although there was a ‘beneficium’ in its territory which suggests fiscal land-stocks dedicated to its upkeep.6 The comital family also held land nearby, both Count-Marquis Borrell II of Barcelona, Girona, Osona and Urgell and his sister Godregilda Countess of Pallars, and had clients here, of whom one, Riculf, may have been Adelaide’s husband.7 Also, it doesn’t seem that the castle was worth keeping – all these powerful men selling it very quickly – so it may not have been very well-equipped or repaired. It was apparently OK for Adelaide to be a castellan, in other words, but that may be because there was nothing that really came with the castle. And for castellans, she is the best case I can find.

But, surprisingly, we can get lower down and much more certain at the same time. Rather earlier in the century and higher up in the Pyrenees, we have the will of a woman called Oliba (usually a man’s name but here specified ‘femina’).8 She was old enough to have two sons, one of whom was a deacon and the other dead, and she was reassigning the inheritance to take account of that latter fact. And, in the course of rewarding the surviving son Ludiric because he had “remained in my obedience and desired so to do”, she gave him an alod big enough to have an island in it, in the territory of the castle of Bar, and it came with various revenues including those “de predam et de ostem”. I cannot think of any way to translate that but “from plunder and from campaigning”, and with that seems to follow ineluctably the implication that this land supported a warband, and neither the fact that she was an ageing widow nor that he was a churchman were apparently going to stop that.

Obviously it's only a guess, but here's a farm in Bar with an island in the Riu Segre on its likely property; it could be where theirs was...

So, OK, again, we have the obvious cavil: there’s nothing here that proves she herself was fighting, even less that proves that he was. In fact, he can’t have been expected to, if he owned the land, since if he was receiving revenues from some venture he was presumably not bringing them in himself or he could just have kept them— with Ma dead, who else could claim? Nonetheless, they were running soldiers. Whether they told those soldiers where to go or just sent them out for pigs (another of the revenue sources mentioned), no questions asked, they controlled men of war enough to take some of their booty off them. And this, apparently, like Adelaide’s control of a castle, was, if not usual, at least by no means so odd that it needed explaining in the charter.

When I bring these examples up, and others of women witnessing or signing documents, people who work on other early medieval areas where they get none of this stuff often ask me why tenth-century Catalonia should have been so well-disposed to women’s rights, justifiably enough. I have tended to suggest that if they had my evidence density maybe they’d see this too, because these are—here it comes again—probably not usual cases. But they were possible cases, and that in itself merits more explanation than I’m usually willing to give it. That doesn’t mean I have one, but I will suggest two interlinked factors that must have played a part. One, both Adelaide and Oliba were widows, which is to say, there had once been a man with whom they shared these rights, and second, as often said here, in Catalonia the law of resort was still the Visigothic Judges’ Book.9 These connect because the Visigothic Law was fairly generous to wives and widows: while their husband was alive, they held ten per cent of his property with him, and after he died, they got to keep that tenth for their support, until or unless they married again, in which case it devolved to the children of the first marriage since she would now have a new tenth.10 How often that was actually done is not clear, but it was often enough that “from my tenth” is a way that widows disposing of property by charter explained how they came to own it.11 Now, unless we are to suppose that people deliberately chose that tenth to exclude any land they held with a military duty or whatever being done from it, which would often have been quite hard to do I’d guess, widows of men who ran soldiers must sometimes have wound up with a warband’s base on their hands when he died, in perfect legal right. Actually, this land of Oliba’s came from her parents and Adelaide just bought her castle, but my point is that women running soldiers must have come up enough that if it was acceptable one way, it might be acceptable in others.

We expect, of course, based on later primogeniture and despite any number of romances in which women get knights in to defend their castles and don’t even always marry them, that this would have seemed so unnatural that it had to be altered. There are enough female litigants in the record here, though, including castellans’ widows who defeated the Church in court, that I suspect women being so shunted out of control would have generated a record.12 I also think we probably expect that particular sense of the unnatural too much. We might, realistically, be beyond the law in Oliba’s case, with frontier pig-raiding a bankable source of cash, but she still had a charter written and in any case, pioneer pragmatism surely ought to have seen an old woman elbowed out of place in favour of an able-bodied man sooner, don’t you think? If it was weird out here, it should have been fightin’ weird not legal weird. So perhaps it wasn’t weird at all, just unusual. We still have the philosophical wrangle about what to do with an unusual thing that perhaps still happened a lot, of course, but if we’re not happy making rules out of it at least we can also avoid making rules out of its more common opposite.

1. Jeffrey A. Bowman, “Countesses in court: elite women, creativity,
and power in northern Iberia, 900–1200” in Journal of Medieval Iberian Studies Vol. 6 (London 2014), pp. 54-70, DOI 10.1080/17546559.2014.883084.

2. The standard book on Ermessenda is Antoni Pladevall, Ermessenda de Carcassona, comtessa de Barcelona, Girona i d’Osona: esbós biogràfic en el mil·lenari del seu naixement (Barcelona 1975), but you can find him reprising it more recently for an audience of Romanesque fans in “La Comtessa de Barcelona Ermessenda de Carcassona” in Amics de l’Art Romànic de Sabadell no. 109 (Sabadell 2011), pp. 519-538, online here as PDF.

3. On viscounts and their power see Jonathan Jarrett, Rulers and Ruled in Frontier Catalonia 880-1010: pathways of power (Woodbridge 2010), pp. 133-141; cf. cf. Ramon d’Abadal i de Vinyals, “La institució comtal carolíngi en la pre-Catalunya del segle IX” in Anuario de Estudios Medievales Vol. 1 (Barcelona 1964), pp. 29-75, repr. in idem, Dels Visigots als Catalans, ed. Jaume Sobrequés i Callicó, Estudis i Documents XIII & XIV (Barcelona 1969, repr. 1974, 1989), 2 vols, I pp. 181-226.

4. Jarrett, Rulers and Ruled, pp. 82-83; the documents in question are printed as Ramon Ordeig i Mata (ed.), Catalunya Carolíngia IV: els comtats d’Osona i Manresa, Memòries de la Secció històrico-arqueològica LIII (Barcelona 1999), 3 vols, doc. nos 1774 & 1805.

5. Jordi Vigué i Viñas, Albert Benet i Clarà and Antoni Pladevall i Font, “Castell de Malla” in Vigué (ed.), Catalunya romànica, II: Osona I (Barcelona 1984), pp. 292–294.

6. The beneficium is in Ordeig, Catalunya Carolíngia IV, doc. no. 350; see Jarrett, Rulers and Ruled, p. 84.

7. Ordeig, Catalunya Carolíngia IV, doc. nos 661, 1542 & 1730 show Borrell’s lands here; the first of these shows Goldregilda as neighbour. For Riculf, see Jarrett, Rulers and Ruled, pp. 84-86.

7. My reference here is Cebrià Baraut (ed.), “Els documents, dels segles IX i X, conservats a l’Arxiu Capitular de la Seu d’Urgell” in Urgellia Vol. 2 (Montserrat 1979), pp. 7–143, doc. no. 70. Now, it’s a while since I saw the text of this document. I’ve been citing this charter for this fact ever since my doctoral upgrade in 2001, but my viva revealed that I’d read one other thing in this document quite wrong, and now that I go back to my notes I find that they say nothing of this, which is a little disturbing. It’s on open shelves in Cambridge University Library, P582.b.1, probably North Front 5 still; if any of my readership happen to be passing, and wouldn’t mind photocopying or scanning a text, I would be quite grateful for it…

8. See Jeffrey Bowman, Shifting Landmarks: Property, Proof, and Dispute in Catalonia around the Year 1000 (Ithaca 2004), pp. 33-55.

9. 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, III.1.6 sets the tenth, though note that III.1.7 says that the bride’s father inherits it when she dies, presumably not a usual occurrence and not something I can document.

10. This, however, is common: some examples are Ordeig, Catalunya Carolíngia IV, doc. nos 95 (where the woman had kept the tenth from her previous husband despite remarrying), 560, 579, 596, 636, 726 (consenting to its alienation), 919, 1040, 1263 (a couple who weren’t even legally married, Unifred and Sesnanda), 1299, 1404, 1548, 1727 (Ermessenda!) & 1822 (citing the Law for it), and these are just the ones in that collection where I made a note of it.

11. Ajó, widow of the Vicar and judge Guifré de Néspola and perhaps daughter of the Vicar Sal·la, founder of Sant Benet de Bages. Again we see the problem: she was certainly unusually privileged, and the result is almost unique in terms of preservation, but how much more could we nonetheless expect this unusual thing to have happened… ?

Expressions of Hispanist medevalist community, in Exeter

We seem now to be firmly into June 2013 in my never-decreasing backlog of reporting, and next up in it was a day out to Exeter, somewhere I hadn’t been for a long time but which called me now for the same reason as it often has before, a gathering of the intermittent organisation known as Historians of Medieval Iberia. The main reason this had occurred was the presence in the UK of a man much cited here, Professor Jeffrey Bowman, visiting Exeter, because of which Professor Simon Barton thereof had wanted to organise a day symposium, and so being called we variously went. Due to the uselessnesses of First Great Western trains, I was only just in time for the first paper, but in time I was, and the running order was as follows, in pairs of papers.

  • Jeffrey A. Bowman, “Lordship and Gender in Medieval Catalonia”
  • Jonathan Jarrett, “Per multa curricula ex parte destructa: membership of a Church community in Catalonia c. 1000″
  • Robert Portass, “Doing Business: was there a land market in tenth-century Galicia?”
  • Teresa Tinsley, “Hernando de Baeza and the End of Multicultural Iberia”
  • Graham Barrett, “Beyond the Mozarabic Migration: frontier society in early medieval Spain”
  • Simon Barton, “The Image of Aristocracy in Christian Iberia, c. 1000-c. 1300: towards a new history”

Professor Bowman’s paper is now out as an article, but some brief account may be of interest anyway.1 The way it worked was to do what I love doing, standing Catalonia up as a better-evidenced counter-example to a broader theory, in this case that of Georges Duby that female lordship as early as the tenth century was an incredibly rare occurrence seen as a pale imitation of masculinity. To do this involved setting up some kind of definition of lordship, which Professor Barton suggested should at least include fighting, doing justice, controlling castles, diplomacy and ‘special projects’. Women with military rôles are not unknown in the Catalan records (wait for a future post here, as I think the phenomenon goes down lower than Professor Bowman had time to look), countesses in the eleventh century at least certainly presided over courts alone, a good few held castles in fief (or by other arrangements2), we have various Arabic testimonies to the countesses of Barcelona being conduits for diplomatic communication and under ‘special projects’, if we mean things like land clearance, Abbess Emma is an obvious example.3

Seal of Countess Ermessenda of Barcelona, Girona and Osona in the Museu Diocesà de Girona

Seal of Countess Ermessenda of Barcelona, Girona and Osona, a woman who would not give up government till there was no choice, in the Museu Diocesà de Girona

So that case looks pretty much made: in this area, for that definition of lordship (and it does occur to me now that it is a very tenth-century-and-later one because of the inclusion of castles, though one could still say the same of Dhuoda I guess), it’s hard to see anything odd about female participation in lordship here and we should stop thinking it odd. And I suppose I’d agree with that, and not necessarily just here (another future post) but there does still seem to me to be a difference, in the Languedoc at least where the ninth century gives enough to compare with, between the rôles in and frequency with which women appear in charters, especially as far as their titles go, to suggest that even if this situation wasn’t odd, it might still be new. It did, however, last: Professor Bowman was keen to stress in questions that those who have looked for a shift towards a lineage system here have found it hard to locate over any timeframe much shorter than a century.4

Sant Pere de Casserres, from above

Sant Pere de Casserres, from above

As for me, little enough needs saying there: in the throes of another project entirely and with no time to come up with two papers so close to each other from it, I’d offered the latest version of the now-legendary Sant Pere de Casserres paper; I ran through where the place is, what the sources are, why there’s a problem with the narrative of its foundation and what the actual story might be that would fit it; Graham Barrett suggested some modifications to my Latin and then the questions were all for Professor Bowman, which is fine as he was building a much bigger thesis. One of my problems with the Casserres paper is working out what larger point it makes; the other, of course, is non-responsive archives, but that’s a bigger problem than just here…

The monastery of San Salvador de Celanova in its modern form

The monastery of San Salvador de Celanova in its modern form

The second session put two rather less-connected papers together. Rob was out to demonstrate peasant access to the land market in his corner of early medieval Spain, which has often been overlooked because the dominant Spanish historiography interested in peasants has been more interested in how they resisted power than how they cooperated with it.5 This Marxist perspective needs rethinking, argued Rob, not least because many of these peasants did not live in the Marxist ‘peasant mode’, but operated in both vertical and horizontal networks of power and assistance. Even when those networks led to the monastery of Celanova, whence most of Rob’s material, it was not always to peasant disadvantage to cut a deal with the monks, whose rents were limited, and the land that was then sold to them had often come from other peasants previously. The problem here is of course the definition of peasant, but I think I would agree that whatever we call the free smallholders here they could happily do business with each other, and do so with an eye to their own benefit.6

The Alhambra palace in Granada

The Alhambra palace in Granada, now very keen to be widely known as a World Heritage site

Miss Tinsley’s paper came from a completely different place, sixteenth-century Granada, where one Hernando de Baeza, a Christian interpreter for the last lords of the Muslim state there, was writing a history of recent events. This man is almost exactly the author a multicultural twenty-first century reading of events at the end of Muslim rule in Spain wants: his sources included Africans and women, he spoke all the necessary languages and about the only minority group he doesn’t mention is Jews, but the work was only published in the nineteenth century, from two incomplete manuscripts and is consequently confused and disordered in structure, which with its anecdotal style has left it out of most serious historiography. There is now, however, a recently-discovered complete manuscript to work from (which a Mexican archbishop had made in 1550 to help with converting native Americans!) and this offers more details with which the author’s life can be filled out. He seems to have been an ambassador to the papal court for Queen Isabella, briefly papal chamberlain and a protector of Jews, but whom King Ferdinand however booted out of his offices and whose parents had been burnt by the Inquisition! He seems to have written his history in Rome, a disenchanted man. He may therefore have been attempting something like a dream past of late medieval inclusion, before intolerance and persecution wrecked everything for him and his family. Again, just what we might wish but correspondingly slippery to deal with! This all sounded tremendous fun and I hope Miss Tinsley can make the man’s name better-known, although it transpired in questions that she is dealing with a recalcitrant editor of the manuscript who is being very careful what details he lets her have. That sounded dreadfully familiar, alas…

A Leonese royal charter of 860

A Leonese royal charter of 860

Then came Graham Barrett, who was speaking on those curious populations in the frontier Christian polities of tenth-century Spain whose personal names were Arabic, about whom I’ve spoken myself once or twice, including at an earlier Historians of Medieval Iberia gathering, pre-blog. As that suggests, I had given up trying to get my work on this published before Graham had arrived in England to start his Ph. D., but also in the room was Professor Richard Hitchcock, who was fairly sparing about the absence of his more successful work from the presentation…7 I found it hard to rate this paper neutrally, anyway, it was much too close to my own fruitless sidetracks of yore. Graham’s take on things is always original, however, and he knows the documents far better than me, so there were new thoughts available. In particular he raised the possibility that lots of the relevant documents might be forged, although why one would then put Arabic names into them (and the same names over quite an area, I’d note) is hard to explain.8 He also correctly pointed out that migration of southerners was not necessary to explain these names and that they themselves were not evidence of ethnicity or even cultural affiliation,9 but that they might usefully be mapped against other markers of that, if any could be agreed. There’s definitely a project here, but I suspect that in fact neither of us will be the ones who do it as we both have easier things to attempt…

Brass plate bearing the arms of the Lara family

Brass plate bearing the arms of the Lara family

Lastly our host, Simon Barton, asked whether the approximate synthesis to which historians of North-Western Europe seem now to have come about the medieval aristocracy applies in the Midi.10 Most study of the Spanish nobility has been of families, rather than of a class, but Simon argued that a class identity can be seen in formation after about 1050, with a hierarchy of aristocratic rank, heraldry and literature all developing to emphasise it. He suggested that these markers were developing not so much as spontaneous expression of ideals but as tests that helped mark people off from their imitators, which exposes the ideals in play to us in negative. This was a good wrap-up to a good day that refreshed a realisation for us that even if it’s thinly spread and uncertain of duration, nonetheless there is still a medieval Iberian scholarship in the UK and we’re all active parts of it; it’s never a bad time to be reassured that one has colleagues!

1. Jeffrey A. Bowman “Countesses in court: elite women, creativity,
and power in northern Iberia, 900–1200” in Journal of Medieval Iberian Studies Vol. 6 (London 2014), pp. 54-70, DOI: 10.1080/17546559.2014.883084.

2. J. Jarrett, Rulers and Ruled in Frontier Catalonia 880-1010: pathways of power (Woodbridge 2010), pp. 83-85.

3. Idem, “Power over Past and Future: Abbess Emma and the nunnery of Sant Joan de les Abadesses” in Early Medieval Europe Vol. 12 (Oxford 2005), pp. 229-258, DOI: 10.1111/j.0963-9462.2004.00128.x.

4. Cited here was Theodore Evergates, “Nobles and Knights in Twelfth-Century France” in Thomas N. Bisson (ed.), Cultures of Power: lordship, status and porcess in twelfth-century Europe (Philadelphia 1995), pp. 11-35; Georges Duby, “Women and Power”, ibid. pp. 69-85, provided the basic counter-type here.

5. Classically, Reyna Pastor de Tognery, Movimientos, resistencias y luchas campesinas en Castilla y León: siglos X-XIV (Madrid 1980).

6. R. Portass, “Rethinking the «Small Worlds» of Tenth-Century Galicia” in Studia Historica: Historia medieval Vol. 31 (Salamanaca 2013), pp. 83-103, online here, contains some aspects of this paper.

7. R. Hitchcock, Mozarabs in Medieval and Early Modern Spain (Aldershot 2008), building on his “Arabic proper names in the Becerro de Celanova” in David Hook & Barrie Taylor (edd.), Cultures in Contact in Medieval Spain: Historical and Literary Essays Presented to L. P. Harvey, Kings College London Medieval Studies 3 (London 1990), pp. 111-126; references to my presentations can be found on my webpages here.

8. One example would be the apparent court notable Abolfetha ibn December (good name huh?), who certainly does appear in the forged Santos García Larragueta (ed.), Colección de Documentos de la Catedral de Oviedo (Oviedo 1962), doc. no. 22, but also in the less dubious José María Mínguez Fernández (ed.), Colección Diplomática del Monasterio de Sahagún (siglos IX y X) (León 1976), doc. no. 19 and Emilio Sáez (ed.), Colección Documental del Archivo de la Catedral de León (775-1230): I (775-952) (León 1987), doc. no. 68; at that rate, it begins to look as if the reason for putting his name in a forgery would be because it was known to belong to the period being aimed at, which is to say that at least up to three separate forgers thought he was a real historical person.

9. As also argued in Victoria Aguilar, “Onomástica de origen árabe en el reino de León (siglo X)” in al-Qantara: revista de estudios árabes 15 (1994), pp. 351-363 esp. at p. 363 and Fernando Rodríguez Mediano, “Acerca de la población arabizada del reino de León (siglos X y XI), ibid. pp. 465-72 with English abstract p. 472; they collect the Leonese evidence in Aguilar & Rodríguez, “Antroponimia de origen árabe en la documentación leonesa (siglos VIII-XIII)” in El Reino de León en la Alta Edad Media Vol. 6 (León 1994), pp. 497-633.

10. E. g. (cited) David Crouch, The Image of Aristocracy in Britain 1000-1300 (London 1992) or Constance Brittain Bouchard, “Those of my blood”: Constructing noble families in medieval Francia (Philadelphia 2001), to which cf. S. Barton, The aristocracy in twelfth century León and Castile (Cambridge 1997).

Law is what you make it: fixing documents in Catalonia in the year 1000 or long before

One of the things that marked Catalonia under Carolingian rule out from the rest of Charlemagne’s Empire was its continuing adherence to and use of the Visigothic Law that had run in the counties on the Franks’ arrival, and of course presumably since long before. We see this in two ways, procedural and textual. That is, people did things that we recognise from the law, such as the elaborate procedure of declaring a dead person’s will before judges or the losing party in a court case issuing a quitclaim or evacuatio disclaiming any right to take the suit up again; or else they invoke the law when doing things, often by specific chapter and verse but as often just as an idea, from which Roger Collins long ago got an article title, “Sicut lex gothorum continet“, ‘as is contained in the Law of the Goths’.1

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

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

A decade ago already, Jeffrey Bowman added to this a sharp analysis of how selective and free-handed that quotation could be, however.2 A particularly common deformation is what is ‘contained in the law of the Goths’ about inheritance. Book IV Title 2 Era 20 says, as Bowman translates it: “Every freeborn man and woman, whether belonging to the nobility or of inferior rank, who has no children, grandchildren, or great-grandchildren, has the unquestionable right to dispose of his or her estate at will.”3 This is quoted relatively often at the beginning of donations to churches, and sometimes of sales although they tend to invoke other parts of the law, but when it turns up it always turns up with the bit about children and their descendants omitted. Thus what was originally a law that formed part of a block of twenty strictly regulating inheritance so as to prevent property-owners disinheriting their heirs through pious donation (or anything else) winds up being invoked to cover exactly that possibility. Bowman has other examples of this selective quoting, but what he has none of is cases where the people using the law actually write their own provisions into it, and that seems to be what I found towards the end of Catalunya Carolíngia IV.

This should probably have been spotted, in fact, because the document is in a small way famous. It records a gathering at the church of Sant Julià de Manresa (hitherto unrecorded) in March 1000, when in front of the judge Guifré a chap called Odsèn brought three people to swear under oath what had been in nine charters by which he and his wife Sabrosa held property, charters which had recently been lost in a fire. The level of recall is quite surprising, frequently flipping into the narrative person of the actual documents as if actually quoting, and calls to mind an earlier case of similar replacements in which the receipient of the property was said to have got them read out three times at the places involved, although since as I’ve shown that case was using a written model from elsewhere I don’t know quite how we explain what looks like the results of its procedures coming out here, eighty miles west and a a century later.4

There is basically no trace of the church of Sant Julià in Manresa now so the best I can do is tell you roughly where we are for this story...

We actually do have a good few cases of this, however, and it’s clear enough that a procedure existed to handle such losses that it has been given a name by legal scholars, reparatio scripturae.5 It was perfectly legal as far as Guifré was concerned, anyway, as we can tell because he says:

“And after I had heard and seen their numerous testimonies, I the above-said judge looked in the Law of the Goths, in Book VII, Title 5, Era 2, where it says:

‘If indeed they shall have burned in a fire any scripture required by law or stolen and burnt such a scripture, they shall give their professions in the presence of a judge and those professions be confirmed by witnesses, so that the lost or destroyed scriptures may be given force, or if most evidently what the scriptures contained cannot be recalled, then to those whose scriptures they were shall be given licence to prove them by their oath or by testimony’.6

This is, you may think, slightly creative, in as much as what that law seems to have been about is people like the Lombard Pando who famously burnt a document and was then forced to admit by a judge that, “If it had been favourable to me, I would hardly have burnt it”, that is, people who had destroyed their own stuff and needed to be called on it.7 Still, it obviously served Guifré’s purpose as well. Exactly how far Guifré had gone towards fitting the law to the case is however only evident if you actually go and check his citation. For convenience, here’s the translation of S. P. Scott, but the Latin can be checked at the Digtal MGH and he seems to be on the mark here to me:

“If any person should steal, or deface, a document belonging to another, and should afterwards confess, in the presence of the judge, that he had stolen or defaced said document, and this confession should be corroborated by witnesses, said testimony shall have the same force in law as the destroyed or defaced document would have, if it still existed in its integrity. But if the contents of the document cannot be shown with certainty, he who drew it up shall be permitted to prove by his own oath, or by a witness, what said document contained.”8

Now, the differences are partly only in translation: Scott, seeing that the fifth Title of Book VII is called “On Forgers of Documents”, obviously went fully out to make it clear who was to blame for what, and has used ‘confession’ for the word I’ve translated ‘profession’ and so forth; actually the Latin is not so far apart, except that there is no mention of fire in the original. Not one. There is Visigothic Law about stuff that gets lost in fires, but it wouldn’t have helped here and Guifré didn’t quote it. Instead he bolted in some extra phrases to the law, to the very written model he was invoking to justify the outcome of the case, to make sure it applied. (Or the scribe did, this is also possible but doesn’t take away the point, I think, since Guifré is said to have looked it up and found it there.)

Well, you may say, in a saving throw for Y1K Catalan jurisprudence, perhaps there were updated copies of the Law out there that did have this in; perhaps a seventh-century Ur-text established by the best models of German philological editing in the nineteenth century is not the best guide to what people were actually using hundreds of miles from Toledo centuries later. And this is fair enough: what we would really need is, if not Guifré’s own copy of the Book of Judges (for so the Law was called), at least a contemporary one and ideally one from the same judicial milieu. And as it happens we have one of those, copied by Guifré’s occasional colleague Bonhom, my official favourite scribe.9 Even better, there is a recent critical edition of one of them and better still than that, because this is reckoned one of the foundational texts of Catalan law, no less an authority than the Parlament of the Generalitat de Catalunya has stuck it on the open web for free. And this is all very useful, because actually here the Latin is even closer to what Guifré quoted, except that the bit about fire still isn’t there.10

A manuscript of the Liber Iudicum Popularis in the Biblioteca de l'Escorial

A manuscript of the Liber Iudicum Popularis in the Biblioteca de l’Escorial, probably not MS Z.II.2 that we want here but all I can find on the web and probably nicer anyway

It’s hard to see this as forgery in our modern sense, or at least, it is for me. Guifré was not out to defraud anyone here: Odsèn and Sabrosa were in a pickle, they had no problem producing witnesses whose testimony was obviously more or less accurate, no-one seems to have been contesting their right to the lands, and it was Guifré’s job to put the cladding of proper legal process back onto their ownership of it. The law wouldn’t quite cover the case, so he edited it so that it would serve and so that everybody could have what they needed from the meeting. This is very much the model of medieval ‘forgery’ propounded by such luminaries as Christopher Brooke and Giles Constable long ago, where the intent was not necessarily to deceive but to supply evidence that was sincerely believed once to have existed for things everyone knew to be true.11 Here the evidence didn’t exist, but it was needed, so it was supplied. Nothing was lost from this, except perhaps the integrity of the law. But the big point here is that that is our idea of how texts and authorities work, not the medieval one in use here. So often we have to wonder whether ‘the medievals’ thought and reasoned the same way we did. It is useful, therefore, to be able to point at a concrete case and say: this was different, but it was different in a way that we can easily understand, if we choose.

1. Roger Collins, “‘Sicut lex Gothorum continet’: law and charters in ninth- and tenth-century León and Catalonia” in English Historical Review Vol. 100 (London 1985), pp. 489-512, repr. in idem, Law, Culture and Regionalism in Early Medieval Spain, Variorum Collected Studies 356 (Aldershot 1992), V; the milestone name in the Catalan historiography is Aquilino Iglesia Ferreirós, whose classic “La creación del derecho en Cataluña”, in Anuario de Historia del Derecho Español Vol. 47 (Madrid 1977), pp. 99-423, is now revised in his La creación del Derecho: una historia del Derecho español (Barcelona 1988), 3 vols, 2nd edn. (Barcelona 1989-1991), 3 vols; a shorter version of the early medieval part of his scheme is available as “El Derecho en la Cataluña altomedieval” in Federico Udina i Martorell (ed.), Symposium internacional sobre els orígens de Catalunya (segles VIII-XI) (Barcelona 1991-1992), also published as Memorias de le Real Academia de Buenas Letras de Barcelona Vols 23 & 24 (Barcelona 1991 & 1992) and thus online here, II pp. 27-34.

2. Jeffrey Bowman, Shifting Landmarks: Property, Proof, and Dispute in Catalonia around the Year 1000, Conjunctions of Religion and Power in the Medieval Past (Ithaca 2004), pp. 33-55.

3. 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), IV.2.20, quoted with modifications Bowman, Shifting Landmarks, p. 40.

4. The document here is 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. 1840; the previous case is ibid., doc. nos 33 & 34, on which see J. Jarrett, “Pathways of Power in late-Carolingian Catalonia”, unpublished Ph. D. thesis (University of London 2005), online here, pp. 49-53.

5. A term first coined by José Rius Serra, “Reparatio Scriptura” in Anuario de Historia del Derecho Español Vol. 5 (Madrid 1928), pp. 246-253; see now Bowman, Shifting Landmarks, pp. 151-164, pp. 155-156 covering the point I make here but not this case or its special characteristic.

6. Ordeig, Catalunya Carolíngia IV, doc. no. 1840: “Et posquam audivi et vidi sua plurima testimonia supradictus iudex inquisivi in lege gotorum in liber septimus, titulus quintus, ers secunda, ubid dicit: «Si vero alicuo iuri debitam scripturam ad ignem concremaverint aut eandem scripturam substraxisent vel concremasent coram iudicem suas professiones depronant quod professiones ad testibus roboratas, perdiates vel vinciatas scripturas robur obtineant, quod si evidentisime quod scripturas continebant recordare non potuerint, tunc illis quibus scripturas fuerint habeant licentiam comprobare per illorum sacramentum vel per testem».”

7. For details and analysis see Antonio Sennis, “Destroying Documents in the Early Middle Ages” in J. Jarrett & Allan Scott McKinley (edd.), Problems and Possibilities of Early Medieval Charters, International Medieval Research 19 (Turnhout 2013), pp. 151-169, the case instanced at p. 151 with reference.

8. Admittedly, the Latin can’t be checked at the dMGH right now, because it seems to be down, but when I first stubbed this post and did the checks for it at the end of July 2012 (argh) it checked out fine then. The translation is from Scott, Visigothic Code, VII.5.2.

9. On him see Bowman, Shifting Landmarks, pp. 84-99.

10. Jesús Alturo i Perucho, Joan Bellès, Josep M. Font Rius, Yolanda García & Anscarí Mundó (edd.), Liber iudicum popularis. Ordenat pel jutge Bonsom de Barcelona (Barcelona 2003), VII.5.2: “Si uero alicuo iuri debitam scripturam subtraxerint aut uiciauerint, eandem scripturam subtraxisse uel uiciasse coram iudice sua professione depronant, qua professio a testibus roborata, perditae uel uiciatae scripturae robor obtineant. Quod si euidentissime quid scriptura continuit recordare non potuerint, tunc ille, cuius scriptura fuit, habeat licentiam comprobare per sacramentum suum aut per testem…”

11. Christopher N. L. Brooke, “Approaches to medieval forgery” in Journal of the Society of Archivists Vol. 3 (London 1968), pp. 377-386, repr. in Brooke, Medieval Church and Society: collected essays (London 1971), pp. 100-120; Giles Constable, “Forgery and Plagiarism in the Middle Ages” in Archiv für Diplomatik Vol. 29 (München 1983), pp. 1-41.

Just one long ordeal?

Very busy here at the moment, and little time to finish blog posts. I did at least write something over on Cliopatria, responding to a recent article in the Boston Globe about the supposed effectiveness of trial by ordeal in the Middle Ages. It doesn’t seem to have attracted much of an audience there: perhaps you’d like to go and read it?