Tag Archives: León

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…


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.


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:

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!


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.