Tag Archives: León

Kalamazoo 2015, Part 4 and final

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

536. Pathways to Power in Early Medieval Northern Europe

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

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

540. Peasants and Texts

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

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


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

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

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

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

Name in Print XVI

[This was originally posted on 22nd November 2014, when its news was hot off the press, but I’ve now reached that point in my legendary backlog, so I unstick this post to allow it to join the flow in the place it should originally have occupied. Besides, I bet you haven’t all bought the book yet…]

The teaching reading is still swamping me, I’m afraid, what with having so little spare time in which to find the hours for it, but, raising my head briefly, what do I find but that the third of my 2014 outputs has now emerged, taking the form of a paper in this rather handsome-looking volume.

Cover of Rory Naismith, Martin Allen & Elina Screen (edd.), Early Medieval Monetary History: studies in memory of Mark Blackburn

Cover of Rory Naismith, Martin Allen & Elina Screen (edd.), Early Medieval Monetary History: studies in memory of Mark Blackburn

When Mark Blackburn told us at the Fitzwilliam in 2009 that his long-running battle with lymphoma was now in its final stages, many plans emerged from the initial shock and sadness. One of them was this, a volume of essays which we knew, even then, short of a miracle he would not live to see but with which the editors, Rory Naismith, Martin Allen and Elina Screen, along with many others all wanted, nonetheless, to express somehow our personal debts and the great debt of the field of early medieval monetary and economic history to Mark’s vast energy, encouragement and scholarship. Now it exists, and while one obviously wishes he could have seen it, it more than fulfils its task: there are essays here by people in the UK, Ireland, Norway, Sweden, Finland, Denmark and France and by people at all stages of their academic careers inside and outside the Academy (because that last is allowed in numismatics), twenty-five essays in all, covering Anglo-Saxon, Anglo-Norman, Viking, Scandinavian, Carolingian, Byzantine and Spanish coinages, and there’s also me.

fsmasbbovo

No, for once I am not just being self-deprecating in my announcement of a publication, I’ve just totted the contents up and I really am the only person in this volume not writing about coins, except in their absence, which is of course my numismatic speciality: instead my paper is about the supposed use of livestock as a currency equivalent in Northern Iberia in the early Middle Ages. I will admit that coins do get mentioned, but only to emphasise their absence. Still, this was a subject I came across during working on Medieval European Coinage 6 for Mark, I ranted about it in his office to his amusement and I think it would have amused him further to see it in print. I’m really pleased to be in this volume. I’ve only got two things forthcoming now, I need to pile more stuff into the queue! Happily there is an article in final revision on my active pile right now

Statistics, for the record: one draft only with two rounds of revisions, that draft submitted November 2012 for a final emergence in print October 2014, just short of two years. This is about average and it was a complex book to assemble considering how various the contributors’ employments and backgrounds are: I’ve changed jobs twice during its preparation and I’m not the only one either!


Full cite: Jonathan Jarrett, “Bovo Soldare: a sacred cow of Spanish economic history re-evaluated” in Rory Naismith, Martin Allen & Elina Screen (edd.), Early Medieval Monetary History: studies in memory of Mark Blackburn (Farnham 2014), pp. 187-204.

From the Sources XI: wets and measures

This is a leftover from my reading of the Wendy Davies lecture that I already blogged about while just about still in Birmingham, but I felt it was worth a post of its own, because it is (as so often in this series) about something I thought was a really interesting charter. Without further ado, I’ll give you the translation (Latin is in the reference footnote) and then try and explain why I think so, if I haven’t already convinced you!

“In the name of the Lord. This is a charter of recognition that was written and corroborated by the order of the most serene lord Prince Ramiro and of all the bishops and the crowd of catholic persons about to corroborate below, so that it should have binding character throughout the ages. Therefore: a quarrel arose between Abbot Baldered and his brothers and men of the tithing of Saint John in Vega, Gondemar and his heirs, about the aqueduct whence the mills of the brothers were powered and which they were holding in lordship. And afterwards, downstream from their mills, they were holding lordship over the water for the mills belonging to the selfsame Gondemar and his heirs, as per what they were holding as heredity from long ago, since their grandfathers and great-grandfathers had taken over that stream and held lordship over it; and their milling mills a flood of the rivers Bernesga and Torio together removed, and they built other mills further down that stream, next to the aforesaid river. When they had completed that work, maliciously, the same Abbot Baldered and his brothers rose up against them. Wherefore, with both parties laying claims in our presence and that of the bishops and judges, we sent faithful men from our council, they being: Recemir Decembriz, Abbot Vidal, the priest Pelagio and the priest Apsidio and many others who were there. And they orderd collectors to be set up in the flow of that water to measure the height of it, and below they broke down that construction which the brothers said was impeding their mills and starving them of water. And afterwards, the water flowed until the ninth hour, standing at just the same level, so showed the markers, just as they had been set up, the same amount of water and not diminished a bit, wherefore we ordered Gundemar and his heirs to have those mills and that water as they were holding it previously. Truly, another year, the brothers again raised a plea against those men, maliciously, wherefore we again sent the following faithful men so that they might determine whether they were presenting any impediment to the mills of the brothers: the judges Abaiub, Leander, Maurello and many others. And the already-said faithful men found, just as on the first occasion, that the brothers were acting maliciously against those men, and that nothing was presenting an impediment to them. Now, in the third year in which this quarrel has arisen between those people, we, with all the gathering corroborated below, have assigned to Gundemar, with his heirs, the selfsame water from the mills of the brothers as far as their mills. Thus, when the brothers shall warn them about their restoration of that upper construction or their direction of the water, they may avoid it without any excuse of a survey; and let them together have that water, for their use, without any molestation. For if now or from now on anyone shall raise any quarrel or attempt to bring any accusation, just so much shall he pay to the royal purse 500 solidi, just as he shall lose his right and property in the selfsame water.
“Recorded on the 7th day of the Kalends of July, in the era 976 [25th June 938 A. D.]
“Under Christ’s name, Quixila, by the Grace of God bishop. Under Christ’s name, Bishop Frunimio. Under Christ’s name, Ovecco, by the Grace of God bishop. Recemir Decembriz.
“Abaiub, judge, confirms; Maurello, judge, confirms; Leander, judge, confirms. Monio Nuniz confirms; Vermudo Nuniz confirms; Diaz, archdeacon, confirms; Gundisalvo, deacon, confirms. Assur, deacon, confirms; Piloto, Abbot, confirms; Fredenando confirms; Olemundo confirms.
“Fortis, scribe, recorded. ()

This is a fairly tangly story, so it may be worth breaking it down a bit. If I read it right, these are the stages:

  1. In the distant past, Gundemaro’s ancestors cleared the land around a stretch of the river Bernesga in Vega and thus laid claim to the use of the water there, and set up mills on it.
  2. Either previously or later, the monastery of Valdevimbre (as it happens, the text doesn’t identify it) acquired rights to the water higher up the river and had mills of their own up there.2
  3. Next, a flood of the Bernesga and its tributary the Torio wiped out Gundemaro’s family’s mills, so they built more in a safer place downstream of the monastery’s mills, and put in an aqueduct that diverted water from the river to their mills.
  4. The monastery didn’t like this, and Abbot Baldered and his monks raised a suit against Gundemaro and family claiming that the new construction was interfering with the monastery’s mills, apparently despite the fact that those were above it on the river.
  5. So King Ramiro sent a team of enquiry who set up markers in the river, presumably near the monastery’s mills, and gauged the water level before and after destroying Gundemaro’s family’s new aqueduct, and they found that it changed not at all, as one might have expected, whereupon King Ramiro found in favour of Gundemaro and said that he and his heirs could carry on as before.
  6. So one assumes that they rebuilt, whereupon the monastery raised suit again, and another team, this time of judges, went out to Vega again and found that there was still no interference going on with the monastery’s mills and told them to shut up.
  7. The document we have dates from the third year in which the monastery had raised this claim, and this time King Ramiro has had enough, and says that there will be no further survey, that Gundemaro and co. are to have the river between the monastery’s mills and their own without any possibility of further dispute and that anyone who raises such a dispute will pay a 500-solidi fine and lose any claim they may have to the river.

There’s loads to interest me here, from the purely diplomatic to the deeply personal. In the former category, I like the way that the scribe Fortis makes the document refer to what will be written on it later; if that’s straightforward, it implies that he was drafting it at the gathering in response to the royal verdict, but it seems to have been a full formal document anyway; we only have it through Valdevimbre’s cartulary, now in the Archivo de la Catedral de León, but the fact that the witnesses are roughly, but not perfectly, divided into columns by category even in the copy implies that some such arrangement was also present in the original, otherwise I’d expect the first column to have four and the last three, not the other way around. I also note, just in passing, that one of the judges has an Arabic name, and that we know that another witness, Recemir Decembriz, was son of another such person, December iben Abolfeta, even though his own name is unfaultably Gothic.3 Read me an ethnicity from those if you dare!

The monastery of Valdevimbre's buildings seem to be long gone, but for orientation, I think we're here, not at the main confluence of the rivers but slightly further up the Bernesga where the artificial channels cross the fields from the Presa to drain into it. People are still doing the same thing here...

More interesting, perhaps, but less resolvable: why did the monastery keep raising this spurious suit? It seems clear that they thought that Gundemaro was a problem for their water rights, and in most of the medieval Iberian peninsula—not Catalonia so much, which is a lot wetter than the rest of the peninsula, Galicia excepted—rights to the use of water and irrigation are a big deal so this is understandable in principle.4 But even if there was initially some reason to believe that Gundemaro and co. were dipping into water in the monastery’s stretch of the river, they choose a stupid way to contest this, saying that their mills are affected by a structure that must, surely, have been below those mills in the river and so tapping only water that the monastery’s mills had already spent. But they manage to get this checked twice, and try again, so presumably they thought there was some chance that the royal inquest might find in their favour, despite the first one having used Science! to prove them wrong. (Because that is, is it not, testing of a hypothesis by experiment.) I don’t understand why.

But to me, given my habitual concerns, the most interesting question of all is: why do we have this document? The monastery lost, repeatedly. What good did preserving that fact in their archive, and indeed copying it up for the cartulary a few centuries later, do them? If they had ever produced this in court it could only have gone badly for them. The only thing I can think of is that they were genuinely concerned that Gundemaro’s family would start tapping the monastery’s water, protected by their apparent good standing with the royal court, and that even this document, which not only set but seemingly shrank the rights they could claim in the river, was better than having no record of their rights at all. In which case, where did they get those rights in the first place, and why was this a better document than nothing? The only answers to these questions I can think of all suggest that the monastery was in fact at a disadvantage here, that despite our usual assumption that he who keeps the record has the power and that the Church always held the whip hand in disputes, Valdevimbre was up against some fairly immovable local bigwigs here and was hoping, somehow, to get the court to stand up for them against their opponents. They seem to have picked a stupid way to do it, but maybe it was the only way they had. In short, though this looks like a rare case in which we have a record of a greedy and assertive ecclesiastical institution being defeated in court, I suspect that the way we have the record may actually imply that they were not the aggressors…


1. Emilio Sáez (ed.), Colección Documental del Archivo de la Catedral de León (775-1230): I (775-952), Fuentes de la Historia Leonesa 41 (León 1987), doc. no. 128:

KARTULA AGNICIONIS QUOD FECIT RANIMIRI PRINCIPIS DE PLACITUM QUOD ABUIT BALDEREDUS ABBA ET SUOS HEREDES
In nomine Domini. Hec est kartula agnicionis quam iussu serenissma domni Ranimiri principis uel omnium episcoporum ac cetu catholicorum, subter roboraturis, conscripta ac roborata est, ut tenorem iugi abeat per secula. Igitur orta fuit intencio inter Balderedus abba et suis fratribus et homines de collacione Sancti Ihoannis, in Uega, Gondemaro cum suos heredes, propter aqueductum unde molendina fratrum molebant et dominata tenebant. Et post, sub ab eorum molendina, dominabant ipsa aqua ad suos molinis ipso Gondemaro cum suos heredes, secundum eam quam abebant hereditariam ab antiquo, ut abprehenderant eam aquam et dominauerunt eam suis auis et trysauis; et suos molinos molentes, amouit eos inundacio fluminis Uernesga cum Torio mixto, et super ipsam aquam edificauerunt alios molinos subtus, secus flumen predictum. Quum factum hac completum illum abuissent, maliciose, insurrexerunt aduersus eos idem Balderedus abba et sui fratres. Unde, in nostra presencia uel episcoporum et iudicum, asserentes utraque partes, misimus ex concilio fideles, hii sunt: Recemirus Decembri, Uitalis abba, Pelagius presbiter hac Aspidius presbiter et aliorum multorum que interfuerunt. Que preuiderunt in decursione ipsa aqua fieri papillos et metire ipsa altitudinis aqua ac ruperunt subtus illa presa que dicebant quia inpediebat et inaquabat molina fratrum; et postquam, decursa est aqua usque in oram nonam, stantem in ipsa mensura equaliter, sic apparuerunt ipsas stacas, sicut eas perxerant, equale aqua nec in modico minuante, unde iussimus abere ad ipso Gundemaro et suos heredes suos molinos et ipsa aqua ut primitus abebant. Equidem et in altero anno, iterum supposuerunt uocem contra eos homines fratres, maliciose, unde et alios fideles misimus que probarent si eis aliquid inpediebant ad molina fratrum: iudices Abaiub, Leander, Maurellus cum alios multos. Et inuenerunt, sicut et primi, iam dicti fideles, quia maliciosa agebant fratres aduersus eos homines, et nullum eis inferebant inpedimentum. Ad uero, nos, cum omni cetu subter roboratis, anno tercio ex quo orta fuerat inter ipsos ipsa intencio, ordinauimus abere ad ipso Gundemaro, cum suos heredes, ipsa aqua de molina fratrum usque ad suos molinos. Ita quando eos admonuerint fratres pro ipsa superiora presa restaurare uel aquam domare, sine aliqua excusacione mense auertant; et abeant cunctos ipsa aqua, pro sua utilitate, sine ulla molestia. Quod siquis amodo uel deinceps uocem subposuerit aut aliquam calumpniam temptauerit inferre, quomodo pariet post partem regis solidos D, velud kareat uocem et suam proprietatem in illa aqua.
Notum die VII kalendas iulii, era DCCCCa LXXa VIa.
Sub Christi nomine, Cixila Dei gratia episcopus-. Sub Christi nomine, Frunimius episcopus-. Sub Christi nomine, Ouecco, Dei gratia episcopo. Recemirus December.
Abaiub iudex conf. Monio Nuniz conf. Assuri diaconus conf.
Maurellus iudex conf. Vermudo Nuniz conf. Piloti abba conf.
Leander iudex conf. Didacus archidiaconus conf. Fredenandus conf.
Gundisaluus diaconus conf. Olemundus conf.
Fortis scriba NOTUIT (signum).

2. On Valdevimbre you can see César Álvarez Álvarez, “El monasterio de Valdevimbre (siglos IX-XII)” in Manuel Cecilio Díaz y Díaz, Mercedes Díaz de Bustamante & Manuela Domínguez García (edd.), Escritos dedicados a José María Fernández Catón (León 2004), 2 vols, I, pp. 41-64.

3. The December family are tracked in Victor Aguilar Sebastián & Francisco Rodríguez Mediano, “Antroponimia de origen árabe en la documentación leonesa (siglos VIII-XIII)” in Manuel Lucas Álvarez (ed.), El Reino de León en la Alta Edad Media VI, Fuentes de la Historia Leonesa 53 (León 1994), pp. 497-633.

4. See classically Thomas F. Glick, Irrigation and Society in Medieval Valencia (Cambridge MA 1970), still in print.

The making of judges in tenth-century Northern Iberia

In 2009 Wendy Davies, of whom I so often write here, gave the annual lecture in memory of the late Timothy Reuter in Southampton. I could not go, but it was published in 2010 and some time in early 2011, Wendy kindly gave me an offprint, and I’d already downloaded it by then, knowing that I very much needed to read it.1 Somehow, it was not till late 2014 that a combination of interest and shame found me resorting my to-read shelves in such a way as to bring it to the top, though, and then of course I found it really interesting. There’s two things in particular I thought made for blog material, and this is the former of them.

A ruined farm in Soutelo, Braga, currently for sale

A farm in Soutelo, near Braga, like the one with which Wendy’s opening case dealt

Wendy’s aim was to explore what people who went to court in northern Iberia in the ninth and tenth centuries were hoping for: a compromise arrangement that settled all parties’ feelings and healed social rifts, or definitive justice based on rules and a judgement of the true situation? As she explains, scholars of the early Middle Ages have got very used to the idea that almost all justice in them was probably more negotiated than determined, and yet the language of the documents from her area (Northern Iberia from Galicia to Aragón and Navarra) is very much of truth and justice, “veritatem et iustitiam”.2 By way of exploring what is up with this, she worked through what we can say about the people who judged these cases and who let them do so, and then what, as far as we can tell, they thought they were supposed to do. This involves pulling together a sample, of course—one of the reasons I love Wendy’s work is that she is someone who can start a section of a paper with the non-sentence, “Firstly numbers.”—and she has 250 records of disputes with 160 people named as judges (iudices), of whom only 15 or so occur more than once.3 Using that, she determines what we usually find judges doing (“… ordering what happens next, making primary investigations, reviewing evidence, and making decisions”) and then, the point I want to pick up here, notes that it is not just people named as judges who do such things in court:

“While the label iudex was attached to some of the judges… it was not applied to all. The group doing the judges, the group of iudices in the plural, might include, or indeed be entirely composed of, indiviudals who carried the label iudex, but it might also include others…. The apparent inconistencies in this usage are quite easily explained: being called a iudex was a marker of status—the label was applied to such people when, for example, they witnessed uncontested sale transactions; to do the judging you did not need to be a iudex, although you might be; in other words, the label iudex and the act of judging are separable. A iudex (in the singular) was a person of special status and skill—a kind of professional; he must usually have been literate (given the number of cases in which a scribe is termed iudex) and he is likely to have known some law. Doing the judging was something in which other leading men of a locality could participate; hence the common references to iudices in the plural, as the people doing the judging….”4

This intrigues me a great deal. As long-term readers will know there are plenty of judges in my evidence, and I am particularly grateful to one or two of them for the amount of detail they would cheerfully go into in explaining the cases they oversaw, but many of the others are complete obscurities, never seen in judgement or only once.5 These latter are trouble for some of the laudatory things that have been said about judges in early medieval Catalonia, who are famous for having been literate, educated, clerical and publicly-appointed disinterested judicial practitioners guided primarily by the written law.6 Jeffrey Bowman, among others, has exposed how carefree they could be about how to use that written law, and I’ve blogged an example here, but the idea that they were educated and publicly appointed has never really been challenged.7 Bowman’s work is especially interesting here because he sees a difference between the educated comital judges of Barcelona and the rather more homespun and independent judges of very southern France, and I have suggested that this is a distinction made over space which should actually be made over time, because plenty of the latter seem to me to exist in Catalonia too.8

London, British Library, MS Royal 6.E.vii,  f. 345 detail, showing a fourteenth-century judge

Judges are never depicted in this period and area as far as I know, and i certainly can’t find one from in-area and in-period. On the other hand, this fourteenth-century depiction from James le Palmer’s Omne Bonum does also illustrate the word iudex, of which this is the historiated initial… It’s from London, British Library, MS Royal 6.E.vii, fo. 345r.

One way to advance this is to ask who appointed judges. In Catalonia it’s almost always assumed to have been the count, but there is really no evidence of this that I know of. Judges appear with the count, receive gifts from the count, hand out judgement in courts over which he presides, and some of the more outstanding ones do this for several counts.9 It’s not even only the educated ones; Borrell II of Barcelona had a castellan called Guifré who was also a iudex, although we have no records of him actually judging, and that is at least a recognition of his title by the count.10 Still, we don’t have anyone who helpfully calls themselves iudex comitis or comitalis and the actual process of nomination is not recorded. Now, Wendy does have some answers to this question, not least because she does have royal judges, iudices regis.11 But that’s the top of the pile, and the bottom is different. The chunk I’ve quoted above goes on as follows:

“… in [a case previously discussed], the additional three judges were selected from the assembled court to probe the witness evidence. Very occasionally there are references to choosing the judges from assembled boni homines, that is ‘worthies’, although that is rare (and the texts do not specify who made the choice).”12

This is practically being made a judge for the day, isn’t it? And it’s a mile away from the idea of such persons as carefully trained and professionally active, even if those chosen would probably have had a lot of relevant knowledge. If we have such cases in Catalonia, I don’t know about them as yet. But the problem is not that we have a different pattern attested there, but that we have no pattern; we have judges with no origin, beyond the fact that we can see that some of the more educated ones were members of the Barcelona chapter.13 Given this absence of evidence, the kind of variety that Wendy attests is as plausible as anything else, and then what does that do to the idea of Catalan justice as a model of early medieval statecraft? Well, she has an answer to that too:

“What is interesting, given that the state was undeveloped, is that there was a public system, from east to west, north to south, which had recognised procedures, experts, written law, officers, scales of penalty, counts with potestas (in these contexts, legitimate capacity to hold a court). There was a strong sense of the public, although differently conceptualised from either ancient or modern notions.”14

It is that difference in conceptualisation I am still struggling with here, I think. But as so often, it is easier if one compares, and Wendy has made that much easier.


1. W. Davies, “Judges and Judging: truth and justice in northern Iberia on the eve of the millennium”, The Reuter Lecture 2009, in Journal of Medieval History Vol. 36 (Amsterdam 2010), pp. 193-203, DOI: 10.1016/j.jmedhist.2010.07.001.

2. Ibid. pp. 194-195, citing inter alia Warren C. Brown and Piotr Górecki (edd.), Conflict in Medieval Europe: changing perspectives on society and culture (Aldershot 2003) and various studies now reprinted in Stephen D. White, Feuding and Peace-Making in Eleventh-Century France, Variorum Collected Studies 817 (London 2005); the quote is from a León charter of 952 printed in Ernesto Sáez (ed.), Colección documental de la Catedral de León (775–1230), I (775–952), Fuentes y estudios de historia leonesa 41 (León 1987), doc. no. 256, which it turns out I have cited here before.

3. Davies, “Judges and Judging”, pp. 195-201, quote on p. 199.

4. Quotes ibid., pp. 201 and 200 respectively, punctuation as in the original.

5. See Jonathan Jarrett, Rulers and Ruled in Frontier Catalonia, 880-1010: pathways of power (Woodbridge 2010), pp. 42, 133, 139 & 152, inter alia.

6. The classic statement of this maximum case is 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, to which add his “Literacy and the Laity in Early Medieval Spain” in Rosamond McKitterick (ed.), The Uses of Literacy in Early Mediaeval Europe (Cambridge 1990), pp. 109-133, repr. in Collins, Law, Culture and Regionalism, XVI; more nuanced, but still fundamentally affirmative, is Josep María Salrach, Justícia i poder en Catalunya abans de l’any mil, Referències 55 (Vic 2013), pp. 143-178, which does very much the same job as Wendy does in “Judges and Judging” but with different starting questions.

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

8. Jarrett, Rulers and Ruled, p. 133; I go into more detail in the next book, now under work and about which I shall blog ‘ere long honest.

9. Guifré Ausonensis, despite his byname, seems to turn up first of all judging for Count-Marquis Oliba Cabreta of Cerdanya, and only to move into Borrell II of Barcelona’s territory (mainly Osona and Urgell) later in his career. I give some references for him ibid.

10. Ibid., pp. 152 & 153.

11. Davies, “Judges and Judging”, pp. 199-200.

12. Ibid. p. 201.

13. See Josep M. Font i Rius, “L’escola jurídica de Barcelona” in Jesús Alturo i Perucho, Joan Bellès, Font, Yolanda García & Anscari Mundó (edd.), Liber iudicum popularis. Ordenat pel jutge Bonsom de Barcelona, Textos jurídics catalans 23 (Barcelona 2003), pp. 67-100.

14. Davies, “Judges and Judging”, p. 202.

Leeds 2014 Report II: the edges of many different empires

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

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

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

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

Aerial view of Middelburg in Walcheren

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

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

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

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

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

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

The track of an ancient herepath near Avebury

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

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

The Porta dos Cavaleiros in Viseu

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

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

The memorial to the founders of Sant Andreu de Tona on the Turó del Castell de Tona

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

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

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

699. Keynote Lecture 2014

    • Naomi Standen, “A Forgotten Eurasian Empire: the Liao dynasty, 907-1125”.
The Fugong Temple Pagoda, built in 1056 by Emperor Daozong of Liao

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

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

the work of Ibn Khaldūn

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

the Liao Empire

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

Western historiography is famously dogged

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

Naomi’s super project

    , so we will either way know more before long.

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

719. Were the Umayyad Caliphates Empires? I

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

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

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

812. Empire and the Law

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

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

Paris, Bibliothèque Nationale de France, MS Latin 4404, fo. 2v

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

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

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


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

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

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

Link

If it does not exist, it may be necessary to invent it

Crowds flock to Spanish church after Holy Grail claim

There is actually a case to be made for a subpyrenean origin to, if not the Holy Grail, at least stories about it, as we have occasionally mentioned here.1 Nonetheless, this is is one book I see no reason to buy…


1. See Rita Lejeune, “The Troubadours” in R. S. Loomis (ed.), Arthurian Literature in the Middle Ages: a collaborative history (Oxford 1959), pp. 393-399.

Seminar CX: words in use in the other part of Christian Spain

I have mentioned Graham Barrett here before, not least as one of those people whom I fear would, if they’d done my doctorate, have done it a good deal better than I did (though, y’know, I’m happy with my outcome). When I mention him, moreover, people pipe up saying how impressed they’ve been with his papers and wanting him to publish on slates, so, you probably want to know about when he presented one called “The Literate Mentality and the Textual Society in Early Medieval Spain” to the Oxford Medieval History Seminar on the 21st November last year, especially since this was kind of a mission statement for his soon-to-be-finished doctorate. So, okay, here I am to tell you about it!

Frontage of León cathedral

Frontage of León cathedral; there are worse places to have to work...

The main question Graham was addressing here was the social level of literacy in Northern Spain, 711-1031, not including Catalonia (though less because of me, I imagine, than because of Michel Zimmermann, whose monster work covers this kind of ground; Professor Zimmermann probably has more to fear from Graham than I do). This gives him some 4,000 charters to play with, of which roughly a quarter are now in the cathedral archive of León. Some useful figures followed, characterising the sample: 61% cartulary copies, 21% originals, 6% loose copies; 54% donations, 36% sales, 10% ‘other’, and so on. He then stressed, however, that these categories aren’t necessarily useful for his kind of enquiry: more relevant may be that only 19% of them are transactions between lay-persons. That’s a lot, by early medieval standards, but the vast majority of the material here still concerns the Church. Preservation peaks at around the year 970, which makes a kind of sense in terms of war and stability but surely needs a better explanation than frequency of randomised destruction; we are instead, Graham argued, probably seeing a sea change in the social uses of writing.

Tower and scriptorium of the monastery of Tábara de León, from its copy of Beatus's Commentary on the Apocalypse, c. 970

Tower and scriptorium of the monastery of Tábara de León, from its copy of Beatus's Commentary on the Apocalypse, c. 970, complete with scribes busy altering the social fabric

[Edits to the first sentence of this paragraph, with apologies] At this point there was a pause to address the historiography, whose various offerings on what early medieval societies were doing with writing Graham didn’t find entirely helpful in his case, and the material he brought to bear more or less proved his point. For example, the boom in document preservation is in non-royal ones, so not driven by government directly.1 Instead he sees the pressure to write as having come from the Church, with monasteries and so forth being set up in new areas and effectively archiving community memories in such terms as boundary clauses, names of witnesses and knowledgeable persons, and so forth, and defending themselves at law in such ways that meant others needed documents too, when without that outsider pressure the whole thing might have rested on the community’s collective memory. (The references to documents the monastery didn’t make and didn’t preserve of course indicate that other people could write as well as the monks, and he would come to this.2) The fact that documents were valued at law – and Graham said that he has no court cases where a side with documentary proof ever loses, which surprised me and must, I think, despite its totality, be a factor of preservation as we’ve seen here before – meant that people were willing to forge them, store them, copy them and if necessary, destroy them.

Title page of a 1058 León codex including a copy of the Liber Iudicorum

Title page of a 1058 León codex including a copy of the Liber Iudicorum, from the Biblioteca Digital Hispanica

The law, which is the Visigothic Code on which Graham was presenting when reported here the time before last, even governed to an extent what documents were supposed to be written, and was itself a form of socially-active writing, albeit one that could be modified or ignored, and referred to silently, i. e. without saying that that’s what it was; it was, at least, a starting point and suggestion for how to deal with the situations it covered.3 One could argue—Graham did not, quite—that the Bible was used the same way, even though its status was rather different, and higher; nonetheless, it too was a source from which the writers of these documents drew their ideas of how things should be arranged (and, indeed, what would happen to those who disarranged them). These two texts were treated with at least some respect; other, lesser, ones were apt to be recycled, modified, edited or miscopied in fruitful ways, and the last part of the paper focused on their writers.

Three scribes, from the Codex Vigilanus of San Martín d'Albelda, circa 976, from Wikipedia

Three identified scribes, from the Codex Vigilanus of San Martín d'Albelda, circa 976, from Wikipedia

Scribes are surprisingly rarely identified in Graham’s documents (it surprises me, anyway, but then I am used to a corpus that is mostly originals) but those who are can be broken down into royal, episcopal, monastic, aristocrats’ and village scribes, almost all clerics or likely to be so. One third of these, roughly, only wrote a single document that survives, but as the period went on it became more usual for a few people to write a lot of charters, which I think probably tells us something about towns becoming spaces of public action and possibly, given its presence in the preservation, the development of León as a capital. These people had written models, of which at least one was the Formulae Visigothicae or, presumably, a version of those texts’ ancestor, with regional variations visible in the detail, and the documents they made could be done at the time of the transactions concerned, although sometimes they would come later. (This must be harder to judge with fewer individuals and I would want to leave some conceptual space for writing them before the ceremony too.)

Archivo de la Catedral de León, no. 978

Grant by King Ordoño I to Bishop Fronimio of León, 28 June 860, Archivo de la Catedral de León, no. 978; slightly bigger version linked through

What the ceremony at which the text was deployed, witnessed, signed and given to the property’s new (or new-again) owner did, argued Graham, was to embed the act of writing and its encoding of an action in society. The increase in specialised scribes, as he saw it (contrary to my suggestion above) was a recognition of this by the powers-that-were, monopolising the authority of text and the ability to make it. Here again is supposed a world where for a while, writing got ‘out’ into a wider social plane, but where before that, it had been mostly élite and rare. Michel Zimmermann would, I think, agree with this, but I’m still struggling to see that boom in access to text in the 970s, which I have in my material too albeit maybe a decade or two earlier, as a phenomenon of society rather than of preservation. I’m not sure that when documents are rarely preserved it necessarily implies that few people of that era could write, rather than just that they were not writing things that get preserved. The Visigothic Law and the Formulae Visigothicae envisage far far more things being written down than we have from the tenth century, and the very limited preservation on slate, rather than parchment, from that era seems to show that in action, with accounts, lists and so on far outnumbering solemn documents.4 I, instead, find it easier to imagine a continuity in attitudes to writing from seventh to ninth centuries and that what changed after that was less more people finding it necessary to get at quills and more a greater number of institutions surviving, due to economic growth and so on, that would preserve a certain sort of document better for us. And for that case I would cite girls being taught to write at home, the incredible scale of loss of documentation from the societies of the Peninsula who didn’t have the good fortune of a continuous Church presence through to the modern era and the apparent survival of Visigothic norms of writing, including to an extent the script (something which is a lot truer for Graham’s area than mine5). All the same, I would certainly have to admit, firstly, that Catalunya no es Espanya, secondly, that the evidence we don’t have is obviously impossible to characterise, and thirdly, that Graham’s more complicated version of the history of text in his area would, indeed, look just the same as my simpler one in terms of evidence that we now have.


1. Compare, most obviously, Michael Clanchy, From Memory to Written Record: England, 1066-1307 (London 1979, 2nd edn. Oxford 1993), for a governmentality-driven thesis.

2. And until this work gets published, there’s Roger Collins, “Literacy and the Laity in Early Medieval Spain” in Rosamond McKitterick (ed.), The Uses of Literacy in Early Mediaeval Europe (Cambridge 1990), pp. 109-133, repr. in Collins, Law, Culture and Regionalism in Early Medieval Spain, Variorum Collected Studies 356 (Aldershot 1992), XVI.

3. Compare 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, V, and Jeffrey A. 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, just to stick to the English-language literature.

4. I am used to consulting the slates in Ángel Canellas López, Diplomática hispano-visigoda (Zaragoza 1979), but Graham informs me that I would find many more in Isabel Velázquez Soriano, Documentos de época visigoda escritos en pizarra (siglos VI-VIII) (Turnhout 2000), 2 vols, where there are also pictures, for which you otherwise have to go back to Manuel Gómez Moreno, Documentación goda en pizarra: estudio y trascripción (Madrid 1966), with the reproduction standards of that era.

5. On which see Anscari M. Mundó, “Notas para una historia de la escritura visigótica en su periodo primitivo” in Bivium: Homenaje a Manuel Cecílio Díaz y Díaz (Madrid 1983), pp. 175-196, though cf. Collins, “Literacy and the Laity”. I’m sure Graham could provide far more up-to-date references than all of these but they are where my views came from.