Category Archives: translations

Fragments of history – or, why judges shouldn’t get married

One of the joys of being a historian of the early Middle Ages is working with fragmentary evidence: artefacts shorn of clear and definite context, and isolated, often incomplete texts that are at first sight inscrutable – and that often remain so even after further inspection. This blog’s about one of these fragments that I stumbled across in the course of my research into clerical exemption.

At the end of a ninth-century canon law manuscript now in Florence, a slightly later hand entered a passage that appears to be an imperial decree prohibiting secular judges from getting married. Here’s a draft English translation from the (rather tricky) Latin.[1]

About the life and continence of judges.
Moreover, it is permitted to none of the judges giving the law in our sacred palace or elsewhere in our kingdoms to contract marriages. This is so that they should not be led by love of their children to leave the path of truth and law, and to unjustly seize other people’s property for the ambition of their children, using their judgements for their advantage. But let them despise the delights of this wicked world, and hold to the norm of truth in all things, in customs, apparel and the signs of all goodness, and as we determined above in another capitulary, let them imitate the religious priests, and adhere in all things to their laws.

What should the historian think, faced with such a text? The first reaction is surely that this must be a forgery. No Roman, Carolingian or Ottonian emperor ever issued any command like this, at least not to my knowledge. Rulers often did worry about judges’ private interests interfering with their decisions, but there was never a prohibition on secular judges getting married. That would have gone against the grain of how medieval society worked. The text is entirely unprecedented.

But that observation doesn’t exhaust the text’s interest. The parallel it draws between judges and priests, urging the former to imitate the latter, is fascinating. Arguments about priestly marriage flared up in Western Europe in the eleventh century, but they did so on the basis of earlier anxieties and concerns. This little text, which is probably tenth- or early eleventh-century, illustrates that point very neatly. It looks like before Pope Leo IX and his circle came together, someone was already hard at work constructing a legal precedent to support a stronger line on married priests, by fair means or foul.

Of course, the aim of establishing a continent (and eventually celibate) priesthood was to create a sharper distinction between the laity and the priesthood. So it’s ironic that this author sought to justify the position with reference to secular law, and secular judges. Perhaps that’s why the text doesn’t seem to have circulated?

Update (11.01.17). In light of the very useful comments on this blog, I’ve realised Kaiser’s text might repay more detailed attention. So I’ve ordered a copy of the relevant folios to examine the palaeography more closely (and now have an excuse to visit the library in Florence, too). I’ll keep you posted!

***

[1] Edited by Wolfgang Kaiser, Authentizität und Geltung Spätantiker Kaisergesetze (Munich, 2007), p. 204, n. 12, from Florence, Biblioteca Laurenziana Edili 82. Kaiser provides no commentary other than to observe that this Heiratsverbot seems neither to be in any other manuscript nor to have been edited before. I have not yet been able to see the manuscript.

Latin (from Kaiser):
De vita et continentia iudicum. Nulli praeterea ex iudicibus nostris sacro palatio iura dantibus vel in omnibus regnorum nostrorum finibus liceat contrahere matrimonium (interlinear: id est mulierem) ne forte filiorum inducti diligentia a veritati et legis declinantes semita aliena iniuste subrepta ambitione filiorum ad opus eorundem per sua trahant discrimina sed huius noxii contempnentes (interlinear: id est respuentes) saeculi delicias normam veritatis ubique teneant moribus vestibus atque totius bonitatis insignibus sicut superios in alio capitulo statuimus religiosorum sacerdotum imitentur eorumque per omnia inhereant legibus.

Women and law-courts: the mysterious case of the Council of Nantes

In the early years of the tenth century, Regino, formerly abbot of Prüm, but now living in exile in Trier, compiled a handbook of extracts from church councils and other sources for use by bishops travelling round their diocese. The work, in two books, is known as Libri duo de synodalibus causis et disciplinis ecclesiasticis and was very influential on later canonical collections. Among the hundreds of extracts included are a number of capitula which Regino attributes to a “Council of Nantes” – including a famous and remarkable text about women and law-courts.

The date and background to this supposed Nantes council has often been debated. Several discussions incorrectly attribute it to the year 895, confusing it with the Council of Tribur;[i] some other historians saw it as dating from the mid-seventh century. However, a detailed study by Emil Seckel of the 21 canons attributed by Regino to this council identified that a number of them were taken from the episcopal capitularies of Hincmar of Rheims and Theodulf of Orléans.[ii]

There were eight canons, though, for which Seckel could find no earlier source, which he thought could be attributed to a genuine council of Nantes.

Other historians have been sceptical about this. Gabriel Fournier claimed that Regino had simply invented the council and attributed a number of canons from other sources to it in order to give them greater authority.[iii] He thought that the eight canons for which no source had been found were probably compiled in the Rhine area in the Carolingian period; more recently Wilfried Hartmann has suggested that they date from the ninth century and look most similar to episcopal capitularies.[iv]

I argued a few years ago in a seminar paper that another of the canons that Regino cites as coming from the “Council of Nantes” might be attributable to Hincmar of Rheims. This is the well-known “canon 19”, which is often cited by writers on women’s history. Here is its text, with my translation below:

CLXXIV Unde supra
Ex Concilio Nannetensi

Cum apostolus dicat: Mulieres in ecclesia taceant, non enim permittitur eis loqui; turpe est enim mulieri loqui in ecclesia [1 Cor. 14, 34-35], mirum videtur quod quaedam mulierculae contra divinas humanasque leges attrita fronte impudenter agentes placita generalia et publicos conventus indesinenter adeunt et negotia regni utilitatesque reipublicae magis perturbant, quam disponunt, cum indecens sit et etiam inter barbaras gentes reprehensibile mulieres virorum causas discutere, et, quae de lanificiis suis et operibus textilibus et muliebribus inter genitiarias suas residentes debuerant disputare, in conventu publico, ac si in curia residentes, senatoriam sibi usurpant auctoritatem. Quae ignominiosa praesumptio fautoribus magis imputanda videtur quam feminis. Unde, quia divinae leges, ut supra monstratum est, hoc contradicunt, et humanae nihilominus id ipsum prohibent, ut feminae nihil aliud prosequantur in publico quam suam causam. Ait enim lex Theodosiana [Codex Theod. II, 12, 5, Interpretatio] : «Nulla ratione feminae amplius quam suas causas agendi habeant potestatem, nec alicujus causam a se noverint prosequendam.» Idcirco ex auctoritate canonica interdicimus ut nulla sanctimonialis virgo vel vidua conventus generales adeat, nisi a principe fuerit evocata, aut ab episcopo suo, nisi forte propriae necessitatis ratio impulerit, et hoc ipsum cum licentia episcopi sui.

(Regino, De synodalibus causis, 2.174, ed. Wilfried Hartmann, Das Sendhandbuch des Regino von Prüm, Ausgewählte Quellen zur deutschen Geschichte des Mittelalters, 42 (Darmstadt, 2004), pp. 350-351).

174. As above
From the Council of Nantes

The apostle says: Let women be silent in church, for it is not permitted them to speak; it is shameful for a woman to speak in church. It therefore seems amazing that certain little women, acting shamelessly against divine and human laws with impudent face, incessantly go to general placita and public meetings (publici conventus) and rather perturb than arrange the business of the kingdom and the utility of the commonwealth. Since it is unsuitable and reprehensible even among barbarian peoples for women to discuss men’s cases and for those who ought to discuss their wool-working and textile work and women’s work, residing in their workshops, to usurp senatorial authority for themselves in public meetings, as if residing in courts.
This disgraceful presumption should be attributed rather to their patrons than the women. Since divine laws, as is shown above, condemn this and human ones no less prohibit women pursing any other case but their own in public. For the Theodosian law says: “Women may not have for any reason the power of acting beyond their own cases, nor should they recognise anyone’s case to be pursued by themselves.” Therefore from canonical authority we prohibit any holy virgin or widow from going to general meetings (conventus generales), unless they should be called by the prince or by their bishop, unless perhaps reason of their own necessity impels this, and this is with the permission of their bishop.

Why do I think this canon was probably written by Hincmar? Because the structure of the canon looks suspiciously like his style, piling up only partially relevant quotations for rhetorical effect. The author combines quotations from St Paul and the Theodosian code to try and suggest that both “divine” and “human” law condemn women’s attendance at such meetings (and adds in that even the “barbarians” don’t think it’s suitable). But St Paul’s quotation is irrelevant to the topic, since it’s about women’s behaviour in church. The Theodosian code, meanwhile, is talking about women prosecuting or acting in the legal cases of others, not them attending meetings which weren’t purely judicial.

The text also includes some turns of phrase that, although not unique to Hincmar, are seen elsewhere in his works, like the references to women’s workshops, and to ‘mulierculae’.[v] I’m not sure I can prove this text is by Hincmar, but it does sound suspiciously like him.

After all this rhetoric by Hincmar or another, the actual provisions are surprisingly modest. What we have right at the end is a specific prohibition about religious women (holy virgins and widows) attending public meetings without royal or episcopal permission. Even when their own cases are concerned, they must first get the bishops’ permission to attend. This provision is actually not that dissimilar from the repeated royal and episcopal demands that monks shouldn’t be attending placita. It reflects common concerns both that those living a religious life (men and women) should be properly separated from the world and also that bishops should exercise control over the religious of their diocese.

We are faced, therefore, with a canon that combines general and overblown rhetoric and only marginally relevant quotations with a fairly specific prohibition on one particular group of women. It’s also one that comes to us without a known context.

And that is a serious problem, because this text often takes centre stage in a claim that a Carolingian woman was not supposed to “try to exercise power in her own right”,[vi] or that reformers were attempting “to restrict women to a privatized domestic realm”,[vii] or indeed as a more general claim that medieval women were criticized for moving outside their own spaces.[viii] But as Janet Nelson points out, this is a lot to erect on “some actually rather uncertain bits” of text.[ix]

Even if it was Hincmar writing this canon, we’re still mired in uncertainty without more of a context. Should we read it in a narrow sense as trying to place restrictions only on religious women or is Hincmar concerned about laywomen’s behaviour as well? Does the canon reflect the view of a council (if possibly a council directed or strongly influenced by Hincmar himself) or was Hincmar alone responsible for it? And is it possible, that like many of Hincmar’s supposedly general statements, it is in fact a response to a specific conflict in which he was involved?

We know of at least one dispute that Hincmar had with a religious woman: we possess the summary of a letter he sent to Bertha, abbess of Saint-Pierre d’Avenay, regarding a conflict between her men and the monks of Hautvillers. Bertha was the daughter of Lothar I and Ermengard, but controlled a convent within Hincmar’s archdiocese; Lothar and Ermengard used this to try and exert influence within Charles the Bald’s kingdom.[x] Such an entanglement of the authority of kings, bishops and abbesses certainly provides a possible context for the canon we have, but by no means the only one. And without such a context, it is difficult to be sure of the significance of the original text.

Nor is this canon alone in its isolation from any context: a number of other Carolingian texts that appear in later canon law collections are of uncertain origin or are forged. All of us using such canons as source material need to take care that we remain aware of the context (or the lack of context) in which such statements were written and circulated and are careful about the conclusions we draw from them.

Image credit: Stuttgart Psalter, f. 33v

[i] See discussion by Janet L. Nelson, ‘Women and the word in the earlier middle ages’, in W. J. Sheils and Diana Wood (eds.), Women in the church. Papers read at the 1989 summer meeting and the 1990 winter meeting of the  Ecclesiastical History Society, Studies in Church History, 27 (Oxford, 1990), pp.53-78 at pp. 57-8.

[ii] Emil Seckel, ‘Studien zu Benedictus Levita. I.’, Neues Archiv der Gesellschaft für ältere deutsche Geschichtskunde 26 (1901), 37-72.

[iii] Paul Fournier, Histoire des collections canoniques en Occident: depuis les fausses décrétales jusqu’au Décret de Gratien, 2 vols. (Paris, 1931), pp. I: 259-61.

[iv] Wilfried Hartmann, Die Synoden der Karolingerzeit im Frankenreich und in Italien (Paderborn, 1989), p. 387.

[v] De Divortio, Responsio 3, p. 130: ‘quamque, ut dicitur, etiam feminae in textrinis suis revolvunt’; De coercendo et exstirpando raptu viduarum, puellarum ac sanctimonialium, PL 125, col. 1023, c. 8: ‘Cum etiamsi illae miserrimae mulierculae veraciter adulterium perpetraverint’.

[vi]Suzanne Fonay Wemple, Women in Frankish society: marriage and the cloister, 500-900 (Philadelphia, 1981), p. 105.

[vii] Jane Tibbetts Schulenburg, ‘Female sanctity: private and public roles, ca. 500-1100’, in Mary C. Erler and Maryanne Kowaleski (eds.), Women and power in the Middle Ages (Athens, GA, 1988), pp.102-25 at pp. 115-6.

[viii] Barbara A. Hanawalt, ‘At the margins of women’s space in Medieval Europe’, in Robert R. Edwards and Vickie L. Ziegler (eds.), Matrons and marginal women in medieval society (Woodbridge, 1995), pp.1-17 at pp. 6-7.

[ix] Nelson, ‘Women and the word’  at p. 57.

[x] Elina Screen, ‘An unfortunate necessity? Hincmar and Lothar I’, in Rachel Stone and Charles West (eds.), Hincmar of Rheims: life and work (Manchester, 2015), pp.76-92 at pp. 79-80.

‘I, Dado’: the politics of commemoration in Verdun

Today, the eastern French city of Verdun is best known in Britain for its role in the First World War. That association is even stronger in France, where the Battle of Verdun occupies the symbolic place equivalent to that of the Battle of the Somme in the UK. As such, the town is at the heart of the current state-supported programmes of commemoration.

But Verdun has of course a longer history – and what’s more, the politics of its commemoration go back a lot further than the twentieth century, as I’ll be talking about at a conference in Gent later this week, on ‘Bishops in the Age of Iron’.

In particular, I’m going to discuss a remarkable document written in the year 893 by a bishop of Verdun named Dado (you can read my  English translation of it here as a pdf). Known as the ‘Memorial of Bishop Dado’, it’s a short first-person account of Verdun’s history, and of Dado’s place in it. In other words, it presents an early medieval bishop’s own view of history, both personal and institutional.

Bishop Dado’s text is fascinating for what it has to say about the importance of aristocratic family consciousness in the early Middle Ages, and for the prominence of Carolingian kings too. Dado was proud that he was the nephew of the preceding bishop of Verdun Berhard (‘my uncle’, he reminds the reader several times), and in a short text he manages to cram in six Carolingian kings, all mentioned by name.

But Dado’s text is also interesting for what it doesn’t say. The absence of the treaty signed in Verdun in 843 that broke apart the Frankish empire is maybe understandable, since Dado only begins his account with Hatto, Verdun’s bishop from 847. But the lack of any reference to Bishop Hatto’s close involvement in the royal divorce scandal that rocked the Frankish world in the 860s is more striking.

Bishop Hatto had been closely involved helping King Lothar II secure his divorce so he could marry Waldrada, for which the king amply rewarded him with lands. But when things began to go awry in the divorce process, the bishop seems to have reassessed his priorities, building bridges instead with the fiery pope Nicholas.

A generation later, Bishop Dado celebrated Hatto’s success in acquiring property for the church of Verdun, but he evidently preferred not to mention the political context behind it. And he doesn’t mention popes at all – not because they hadn’t had an impact on Verdun, but because that impact didn’t fit the story he wanted to be told. Nor for that matter does Dado mention the contested circumstances of his own election (the details, as a result, are rather murky).

Dado, in other words, was choosing what he thought should be publicly remembered about Verdun, and skirting round a difficult past. His text may be short, but it’s a carefully fashioned remembering nevertheless, notable for what it misses out as much as for what it contains.

Really, that’s not surprising:  commemoration – that is, remembering in its organised forms – is always a bit about forgetting, if only because you can’t emphasise all of the past at the same time. It may seem ironic that today’s symbol of official remembrance, the poppy, chosen for its links to the battlefields around Verdun,  is also the plant that produces the drug most closely associated with obliviousness – but in another sense perhaps it’s quite appropriate.

National commemorations are of course important, and in this case a fitting tribute to the tens of thousands of men who died in the battlefields around Verdun. But there are different ways of remembering the past, and different pasts to be remembered.  Dado’s Memorial reminds us not only of the city’s longer history – a history that inevitably tends to be overlooked – but also of how the act of commemoration itself has a deeper history to be explored.

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Translation of Bishop Dado of Verdun’s Memorial (pdf).

Image: Richard de Wassebourg’s edition of Dado’s text.

‘May this water be a test for you’: trial by cold water in 9th-century Francia

One of the distinctively post-Roman things about post-Roman Europe was the emergence of a new kind of legal procedure, the trial by ordeal. In its various different forms – the main ones were hot iron, boiling water, cold water, and trial by battle – the ordeal comes particularly into view in the ninth century, when there was something of a debate about its ethics and efficacy. One of its staunchest defenders was Archbishop Hincmar of Rheims, who in his De Divortio (available in all good bookshops etc) justified it at some length.

Practical instructions on how to carry out an ordeal are quite common in ninth- and tenth-century manuscripts, often inserted as aide-memoires. Below is an English translation of one of these texts, associated with ninth-century Rheims – so, the kind of text that priests in Hincmar’s diocese might have come across. It gives instructions on how to carry out the ordeal by water on a group of men suspected of theft.

There are several interesting things about this text. First, although the role of the priest is essential, the text doesn’t seem to be addressed to the priest himself. Perhaps it was meant for a count or other judicial officer. Secondly, it’s a very elaborate procedure: throwing the suspects into the water is merely the last stage in a whole string of actions, designed to pile the pressure on the guilty/guarantee God’s intervention (depending on your point of view). These include public communion, blessing with holy water, holy incantations, and the fasting of the immediate participants.

Finally, the text has a notably defensive tone. The possibility that witchcraft could distort the outcome is acknowledged (this was something that bothered Hincmar too). And the text ends with the assertion that the ordeal was devised by God, had been confirmed by papal sanction, and was to be used instead of alternative procedures, such as swearing an oath on the high altar. Clearly whoever wrote down this text was aware of contemporary criticisms – and that attack is the best form of defence!

Translation: Instructions for the ordeal of cold water*
*Please don’t try this at home

Update 17.1.17: I still haven’t located the manuscript from which this text comes (the edition isn’t clear). But a very similar ordeal text was present in a manuscript that was almost certainly made by Hincmar c. 874. This manuscript is now lost BUT the ordeal text happily survives in an early modern transcription in Duchesne 64, at f.49v (or so it seems: I’ll check the next time I’m in Paris,  since it doesn’t seem to be online). For all the details, see R. Pokorny, ‘Sirmonds verlorener Luetticher Codex der Hinkmar-Schriften’, Deutsches Archiv 66 (2010), esp. p. 532.

Image: Lambach, Stiftsbibliothek Codex 73: a 12th-century liturgical manuscript (Wikipedia)

How to become bishop: ecclesiastical liberty in the ninth century

What’s the best way to become a bishop? Writing around 835, a cleric gave an example of how it should be done. Long ago, there was a rich man from a Lyon senatorial family called Eucherius. He gave away all his money to the poor, and went to live in a remote cave. There he hid alone for many years, fasting and praying, until the bishop of Lyon died. Then divine grace revealed Eucherius to the Lyon clergy as the best replacement, so they retrieved him from his cave and ordained him as their new bishop.

The cleric who tells us this story, Florus of Lyon, isn’t very well-known today outside the circle of specialists. That’s a pity, because he’s a fascinating figure. Steeped in patristic learning, he cultivated a range of interests, including UFOs (yes, really – see ‘Florus de Lyon et les extra-terrestres’ on Pierre Chambert-Protat’s highly recommended blog). Florus could be acerbic, and he could also be radical: and his account of how Eucherius became bishop of Lyon is a case in point.

That’s because Florus didn’t tell the story to suggest that all prospective future bishops should give away their money and live hidden in remote caves waiting for their moment (a rather risky career strategy). Rather, what he wanted to emphasise was that no king had been involved in Eucherius’s appointment. And that kings had no role to play in episcopal appointments was the point of the short treatise in which Florus included this story, On the appointment of bishops, and which you can read here in a draft English translation  (to my knowledge, the first time it’s been translated).

In this treatise, Florus used the example of Eucherius (who really did become bishop of Lyon, in the fifth century) to suggest that worldly rulers never really had played a role in appointing bishops. Certainly the Christian Roman emperors hadn’t, because they were too busy ruling the entire world to bother with every single appointment. Florus described this situation as one of church freedom, ecclesiastica libertas. Afterwards, princes in ‘some kingdoms’ began to be consulted on appointments, but nothing more. Florus observed that even in his own day, not only was the pope of Rome appointed without royal interference, the pope himself ordained bishops without royal involvement.

Florus suggested that this tradition was only right and proper, because worldly rulers did not have the capacity to appoint new bishops: ordination was a gift of the Holy Spirit, not of humans. In some ways, Florus was stating the obvious here, since medieval kings never claimed that they could themselves ordain bishops. But in other ways, this was a very radical argument, since in practice kings in Florus’s day exercised a lot of influence in the appointment procedure, up to the point of choosing the successful candidate.

Indeed, lots about Florus’s Book on the election of bishops has strong resonances with later currents of what we now call Gregorian church reform. For instance, the concern with drawing a sharper distinction between the church and the world; the focus on ecclesiastical appointments; the emphasis on the church’s freedom; the emphasis on the papacy; a distinctly polemical tone; and the use of Late Antique sources in new ways, for Florus’s short text cites Cyprian at length. In this respect as in other ways (hostility to Jews and heretics), Carolingian Lyons seems to have been something of a laboratory for later ideas.[1]

However, Florus’s argument wasn’t effective in the 830s. He seems to have written the treatise to stop the Frankish emperor Louis the Pious from imposing a new bishop named Amalarius on the church of Lyon. But directly challenging the emperor proved not to be the most tactful approach, so Florus gamely switched tactics, and mounted a no-holds-barred campaign to show instead that Amalarius was a heretic – a campaign which eventually worked much better.

Yet Florus’s text about appointing bishops is preserved in four manuscripts from around 900 (thanks to Gallica you can see one of them here), showing that near-contemporaries could see and appreciate the general significance of this work, even after the immediate controversy it was written for had died down. The so-called Gregorian Reform of the eleventh century, it’s becoming ever clearer, had very deep roots.

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Image: Wikipedia (the Prague Gospels, s. IX: Cim 2, knihovně Pražské metropolitní kapituly)

[1] See the very stimulating article by Warren Pézé, ‘Amalaire et la communauté juive de Lyon. À propos de l’antijudaïsme lyonnais à l’époque carolingienne’, Francia 40 (2013), pp. 1-25, open access here

Under the Angel’s Gaze: The Divorce of King Lothar and Queen Theutberga

Today sees the publication of a book that we’ve been working on for almost a decade, The Divorce of King Lothar and Queen Theutberga. It’s an annotated translation of a long ninth-century Latin treatise written by Hincmar, the archbishop of Rheims in France. That might seem a rather obscure topic, but when we explain that the treatise is about a royal divorce scandal, and that it discusses  witchcraft, kingship, incest and trial by ordeal, we hope you’ll see the interest. This blog is to explain our book’s cover picture – and why the author we’ve translated would have loved it, and the king he wrote about would have hated it.

The picture comes from the Stuttgart Psalter, a marvellously-illuminated ninth-century book that is now (as its name suggests) in Stuttgart, but that was originally made in Paris, at the monastery of St-Germain-des-Pres (you can see the whole manuscript here). The picture accompanies Psalm 45 (Psalm 44 in the Vulgate), and shows a king and queen embracing. The king and queen are both mentioned in the psalm, but the quizzical angel standing on the right (our favourite bit) is the illustrator’s artistic licence.

Because our text is about a royal divorce – King Lothar II’s scandalous attempt to rid himself of Queen Theutberga – this image of a royal couple obviously resonates. But we also chose this picture because the manuscript it comes from has some connections to our translation. The abbot of the monastery when it was made was a man called Hilduin: as it happens, Hilduin was the teacher and mentor of Archbishop Hincmar, the author of the treatise. Perhaps Hilduin might even have proudly showed the freshly painted manuscript to the young Hincmar.

In any case, we like to think that a thin smile might have played across the lips of the austere archbishop of Rheims if he could see our book cover, mainly because of the watching angel. As Hincmar explains in his treatise, King Lothar’s divorce case affected everyone, both because marriage was fundamental to society and because kings were supposed to set a moral example to their subjects. That meant that they were constantly being watched, both by their subjects and by God, who would condemn them more harshly for their lapses than mere ordinary sinners. And as the illustration shows, you can’t hide from God or his angels – who might not be very impressed by what they saw.

As for King Lothar II, the subject of the treatise, it’s just possible that he might have seen this image too. In the course of the Frankish civil wars of the 840s, it seems Abbot Hilduin left Paris to join Emperor Lothar I, whose kingdom was around Aachen. Perhaps he took the Stuttgart Psalter with him, which would explain how it ended up in Germany. We can’t of course prove that Emperor Lothar’s son, King Lothar II, saw the manuscript at some point during his reign (855-869), but it can’t be ruled out.

But we suspect that unlike Archbishop Hincmar, the king would not have been remotely amused by our use of this particular image for a text about his divorce. The psalm that the picture illustrates in the manuscript is a song of triumph to accompany a magnificent royal wedding. It promises the king a happy and glorious reign, and that his sons will succeed him as rulers. Unfortunately, this is more or less the opposite of what actually happened to King Lothar II, with enormous consequences for himself, his family (including his wives Theutberga and Waldrada), his kingdom, and indeed for Europe as whole – consequences that our new book explores.

Rachel Stone is a Visiting Research Fellow at KCL, and Charles West is a Reader in Medieval History at the University of Sheffield. The Divorce of King Lothar and Queen Theutberga, published by Manchester University Press, is available online for just £10 as part of the MUP sale,  and at all good bookshops for £19.99.

Will the real Roman Emperor please stand up?

For a couple of years, I’ve been working intermittently on a translation of a long letter sent by the Carolingian king and emperor of Italy, Louis II, to his Byzantine counterpart Basil in 871. It probably still wouldn’t be done, had not an invitation to talk at a roundtable on Romanness after Rome prodded me to finish it. The draft translation – the first full one in English, about 5,000 words – is appended to this blog, in the hope of encouraging other people to study (and teach about) the text. It’s interesting for all kinds of reasons, but it’s especially useful for thinking through questions of what it was to be Roman after Rome, because its main concern was what it meant to be a post-Roman Roman emperor.

First, some background. Louis II, son of Emperor Lothar I, had been crowned the fourth Carolingian emperor in 844, aged around 20, before taking up sole rule in Italy on his father Lothar’s death in 855. Louis (surely the least well studied Carolingian, though Clemens Gantner is now on the case)  wrote this letter towards the end of his long reign, in response to a provocative message from Emperor Basil I of Byzantium (867-886). Basil’s letter itself is now lost, but its content can be fairly guessed from Louis’s reply and from the known political context, which included military co-operation against North African raiders and a marriage proposal.

In spite of this close collaboration, or maybe because of it, Emperor Basil’s letter centred on a refusal to accept that Louis was the, or even a, Roman emperor. This was on two grounds: because the title was not hereditary (paternum), and because it was not suitable (non convenit) for someone from a gens, that is from an ethnic group, such as (in this case) the Franks. There was only one Roman emperor, and that was him, Basil. Louis might perhaps be emperor of the Franks, but that was all – and Basil was not sure even about that, because only the leader of the Romans  could be the basileus (the Greek word for emperor). Louis was a Frank, and that was that.

To a great extent, therefore, Basil’s arguments (and understanding of his own office) rested on his conceptions of ethnicity and Romanness. For Basil, the world was divided between the (Byzantine) Romans on the one hand, and the various gentes on the other. Being a Roman was not the equivalent to being a Frank, or a Saracen, or a Khazar, because Romanness was not an “ethnicity”: there was no Roman gens. As a consequence, having an ethnic identity – which we might translate almost as “being a foreigner” – in Basil’s view intrinsically excluded an imperial identity.

Louis’s conceptions of ethnicity were very different, with major implications for how he viewed Romanness and empire. For Louis, ethnicity wasn’t about being a foreigner: rather, everyone belonged to an ethnic group. Each of these peoples or gentes could be led by a basileus, and historically often had been: the rulers of Constantinople had no monopoly on that title, but shared it with “other gentes”. Those gentes included the Romans, whom Louis describes as the gens romana: these were the people with a glorious past who lived in Rome, and whom (Louis points out) the Byzantines had deserted.

And they included too the gens Francorum. In a very interesting passage, Louis situates the Franks as not just the successors but the surrogates of the Romans, through a fascinating metaphor: “When the branches were broken, we were grafted onto them; when we were wild olives, we were joined to their roots and became fat with olives. We say therefore that the branches were broken so that we might be grafted on”. The Franks were therefore in effect the new Romans.

And yet – ultimately Louis did not define the Roman empire in relation to ethnicity. Even at the height of the Roman empire, Louis declared, non-Romans had become emperors. “In what way”, asked Louis, “is [the imperial title] inappropriate for a people (gens), since we know – mentioning only a few for the sake of brevity – that Roman emperors were created from the people (the gens) of Hispania, Isauria, and Khazaria?” The latter two examples related to fairly recent Byzantine history, but the former took the reader back to the fourth century. Louis went on to explain, “For certainly the elder Theodosius and his sons Arcadius and Honorius, and Theodosius the younger, the son of Arcadius, were raised from Spaniards to the summit of the Roman empire. And we do not find that anyone complained or grumbled that he was not a Roman but a Spaniard (quod non Romanus sed Hispanus existeret)”.

What was relevant for Roman imperial rule was therefore not what one was or was called, but what one did. Louis accordingly contrasted Frankish military prowess and bravery with Byzantine cowardice. There’s a delightful passage in the letter in which Louis comments on Basil’s claims that the Frankish envoys were so uncouth that they would have attacked the Byzantines with their teeth, had they not been afraid of him, Basil. Nonsense, says Louis, that can’t be right: our men would never have behaved like that – but anyway they aren’t afraid of anybody! Strikingly, Louis declares his intention to conquer Sicily too, to restore it to its “former liberty” after its recent capture by the Muslims.

Louis’s Roman imperial title was justified by war, then. But its chief justification nevertheless lay elsewhere: religion. The superiority of Frankish belief was manifested partly by Frankish religious learning – the letter itself is intended to show the command the Franks had of historical and ethnographic knowledge, both Greek and Latin. It was partly demonstrated by their missionary activities. But most of all, it was expressed by the recognition given to them by the Pope of Rome, who had rejected the cacadoxy and indeed heresy of the Byzantines in new Rome in favour of the orthodoxy of the gens Francorum. Louis was Roman emperor, because God had given him the city, people and church of Rome to protect. This was a Roman empire justified by results.

Talking of post-Roman Roman emperors has a touch of paradox about it, which is not dispelled by the squabbles between a Greek-speaking ruler based in Constantinople and a Frankish ruler who seldom actually visited Rome over who was the rightful heir to the Roman legacy. Indeed there is a related paradox at the heart of this letter. Basil did not think that the Romans were an ethnic group at all – and yet he nevertheless defined the Roman Empire in ethnic terms, in that it was defined against ethnicity. Louis by contrast lived in an entirely ethnicised world, and yet did not view the Roman Empire as defined by a relationship to ethnicity. This was the empire of God, Who had created all the gentes.

Basil to be sure had the greater weight of continuity on his side, since his arguments resonated with older Roman conceptions of identity. But Louis’s arguments made good sense of the facts on the ground, so to speak.  And proof of how convincing Louis’s arguments were is perhaps provided by the letter’s authorship. The letter was of course written in Louis’s name, and we may assume that he agreed with its sentiments. But Louis had naturally outsourced the actual drafting to someone else, in this case probably a prominent cleric called Anastasius the Librarian. Anastasius was highly educated and had experience of the Greek court, so he was an obvious choice. But Anastasius was not himself Frankish: he was Roman, from an important family of the city of Rome.

That such a figure, at the heart of the papal establishment, could elaborate the Frankish view of ethnicity – the simultaneous ethnicisation of Romanness and de-ethnicisation of empire – so conscientiously suggests that to some extent he had internalised it; that it was now the Roman view. By the late ninth century, Rome and the Byzantine world had indeed drifted very far apart.

Translation (pdf)Emperor Louis II of Italy to Emperor Basil I

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Pope Leo of Bourges

One of the firmest proponents of judicial “benefit of clergy” in the ninth century was the great archbishop Hincmar (when it suited him, anyway). And one of his favourite texts for proving the point was a decree issued by Pope Leo I (d. 461) at a Roman synod. As Letha Böhringer has shown here, Hincmar quoted this decree three times and at length: “So holy Leo, when a Roman synod was held, wrote…”, “And holy Leo, pontifex of the Roman Church, decreed in a synod held at Rome…”; “And holy Leo and the Roman synod decreed…”.

Looking at the text, it’s no wonder Hincmar liked Pope Leo’s letter so much. A full English translation is provided below (based on Paris BnF lat. 12445), but in summary, Pope Leo complained about clerics going to the “examen saecularium” in spite of ancient (secular) laws prohibiting this.  In future, such clerics were to be excommunicated. If however a cleric accused a layman, it was possible for him to go to a secular court, with his bishop’s permission, if the layman refused to come before the bishop. Hincmar felt obliged to add that an advocate would be necessary in that case; but otherwise the text suited his purpose very nicely, when he was trying to persuade kings not to put bishops on trial.

So far, so good. The only problem is that in reality Pope Leo wrote nothing of the kind (even though a – poor quality – edition of the letter was included in the Patrologia Latina’s set of Leo’s writings) . The actual author of the text was a somewhat mysterious Bishop Leo of Bourges, working together with the bishops of Tours and Le Mans at some point in the mid-fifth century. The earliest manuscript of the text (the late 8th-century “Pithou collection” of Paris BnF lat. 1564) is quite unambiguous: in this version there’s no connection to Rome, and the text is copied down in a series of material linked to the Loire valley. Only in Hincmar’s own collection of legal texts, Paris BnF 12445 and Berlin SB 1741, has the Bourges letter become Roman – not least as marked by the insertion of the words “et synodus romana” into the letter in both manuscripts, a phrase conspicuously absent from the earlier version.

That a minor provincial synod issued a text like this is remarkable in itself; it’s important (and rather overlooked) evidence for the practical impact of clerical immunity in fifth-century Gaul. But how did this letter become transformed into a decree issued by Pope Leo the Great – at what point between c. 450 and c. 860  was the text “papalized”? And was this the result of genuine confusion between Leos, or a more deliberate attempt to put a crystal-clear statement about clerical immunity into a prestigious papal mouth? Given that the three manuscripts of the text I have mentioned are the only ones I know of, it’s not easy to say. One might conclude that innocent Hincmar knew the text only in the papalized version present in his own manuscripts.

And yet…. As it happens, Jinty Nelson has identified another occasion on which Hincmar drew on the text – one not mentioned by Letha Böhringer. This comes in a letter the archbishop wrote in the name of King Charles the Bald to Pope Hadrian II in the 870s. And this time there’s a surprising change in how he refers to it. Here’s the relevant passage: “And as Leo and the synod of Bourges (Byturicensis synodus) wrote, kings and emperors, whom divine power ordered to be in charge of the earth,  have permitted to bishops the right of dealing with their own affairs according to divine constitutions…”.

Misattributing a papal decree in a letter to Pope Hadrian would have been risky, because previous popes, like Nicholas, had learned to check up on Hincmar’s citations. In any case, although a papal association for the text had been useful for Hincmar previously, it was much less so here, because the thrust of this letter was all about kings not needing to depend on papal authority. Happily, on this occasion Hincmar somehow knew the Leo text was connected to Bourges, not Rome, after all. How convenient for the wily prelate!

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***

TRANSLATION. Note: some changes from the earlier version of the letter are marked in bold.

Leo, Victor and Eustochius  and the Roman synod sent what follows with their signatures to the bishops Sarmatio, Chariato, Desiderius, and to the priests of all the churches established within the Third Province.

The worldly authorities wished to hold the sacerdotal order in such reverence – even those whom divine power had ordered to be in charge of the earth under the imperial name – that they permitted the right of deciding cases (ius distringendorum) to be conferred to the holy bishops, according to the divine [imperial?] commands (divalia constituta). What was confirmed in the edicts of the ancient law and many times in the general laws, we find in the present time to be trampled upon by many people. For passing over the sacerdotal judgement, they pass to the examination of secular people (examen saecularium).

Therefore it seemed to us that a full punishment should avenge this insult to the holy laws and to our order in the present time, and should establish a formula to be kept in future. We accordingly decided that whoever passes over the bishop of his church and goes to the judgement (disceptatio) of the seculars will be expelled from the holy thresholds and kept away from the heavenly altar. Nor after this decision, which stands by common sentence, should anyone attempt to acquire for himself beyond what is prescribed. So may it happen that those who previously erred should correct themselves with a fitting emendation, and whoever was proven to serve in a clerical office under heavenly observation should know that he is cast out from the clergy if he passes over the judgement of bishops and goes to the authority of secular people.

We wish all individuals and everyone to recognise that what is constituted in the full order of justice and law shall take the effect of total confirmation in all the business of clerics. But if a cleric accuses a layman, let the cleric first demand to be heard by the bishop; then if he sees the layman is opposed to his demand, let him contend in the judgement of the secular moderator, with the permission of his bishop.

Bishop Leo signed
Victorius bishop signed
Eustochius bishop signed.
And all the other bishops who were there signed.

“Certainly God is angry with us” – a sermon on the Vikings

In a previous blog, I gave some (admittedly lighthearted) advice on how to fend off a vampire attack, culled from a twelfth-century chronicle. In a slightly more serious tone, this blog’s about how to defend against the Vikings.

It’s a truism of the lecture-hall, the textbook and the documentary to point out that the Vikings didn’t write down their side of the story, at least not in the early Middle Ages. But nor did their secular opponents, at least not on a large scale. Instead, we’re dependent on texts produced by their ecclesiastical victims.  Historians mostly draw on monastic annals of one kind or another – the Annals of St-Vaast are a particular favourite for this purpose, filled with terror and horror at the Scandinavian depredations.  In other words, the perspective on the Vikings from the written sources is thoroughly ‘monastic’.

Actually, though, other kinds of texts do survive that shed a somewhat different light. In the course of research into a forthcoming article, I came across a short but very rich sermon by the Paris monk Abbo of St-Germain-des-Pres, written around 900 or so, and was so delighted by it that I’ve made a quick translation (I think the first into any modern language) so more people can read it too: http://history.dept.shef.ac.uk/translations/medieval/abbo-sermon/

Abbo’s theme was how to fend off the Viking attacks. What makes his sermon especially interesting is that it seems to be aimed at Carolingian lay aristocrats. This is still a monastic text, then, but it’s one that’s reaching out beyond the monastery, and not written purely or even primarily for monastic consumption.

It’s pitched at a fairly low level, in very straightforward Latin and with an easy-to-follow take-home argument. The main thrust is that the Vikings are a punishment from God for moral and ethical failings: “But how are you able to please God and to have victory, you who always have your hands full of perjury and rapine?”. Abbo draws on Biblical and Roman history to underline the point, and also draws on British history too (contemporary or ancient?) as a warning of what might happen if things don’t improve.

It’s however the last paragraph that’s perhaps the most interesting of all. Despite the general argument that what’s required is moral reform, Abbo concludes not by urging fasting or donations to the church, but by urging his audience to go out to battle:

Do not let your enemies multiply and grow but, as Scripture commends, fight for your homeland (patria), do not fear to die in God’s war (bellum Dei). Certainly if you die there, you will be holy martyrs. And know truly that no man will die before his term, foreknown by God. A man is not able to be killed amongst all the swords, if it is not his time. For it is written, “You have set the limits which they cannot pass”. And therefore enter confidently into the Lord God’s war. And when you enter into God’s war, shout out with a loud voice, “Christ conquers, Christ rules, Christ commands!”.

Abbo here encourages his listeners to go out and face death, with an interesting combination of ideas of holy war and fate: Beowulf meets First Crusade. Whether this kind of pep-talk worked, we can’t of course know. But Frankish armies did win quite a few battles around this time – and Abbo’s sermon is maybe as close to their state of mind as we’re likely ever to get.

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The village in crisis: the judgement of Courtisols, 847

I write this blog on my way back from an inspiring workshop held in Vienna on early medieval local identities (the programme is online here). A published volume is in preparation, but to whet your appetite, I’ve taken advantage of free airport wifi to provide a rough English translation of a text that was presented there by Steffen Patzold – an account of a trial at the French village of Courtisols. (You can read a recent discussion of it by Josiane Barbier in the book on Hincmar that Rachel Stone and I edited).

The text records how some residents of this early medieval village near Chalons-sur-Marne claimed to be free, but lost their case when a considerable number of their neighbours testified against them in court. It’s a great example of how an early medieval village community could be split down the middle by the intervention of a lord (in this case Archbishop Hincmar) – or, from a different perspective, how factions within a village could harness the power of the lord for their own purposes (who, after all, had started the rumour about the upstarts’ original unfreedom?).

The judgment of Courtisols, 13 May 847

“On the command of Archbishop HINCMAR, his legates – that is Sigloard the priest and head of the school of the holy church of Rheims, and the noble Dodilo vassalus of the bishop – came to Courtisols. Sitting at the public court, and investigating the justice of Saint Remi and of the already mentioned lord [Hincmar], they heard a rumour [sonus] about the mancipia[1] whose names are given below, and about their genealogy: that they rightly ought to be servi and ancillae,[2] because their grandmothers Berta and Avila had been bought by the lord’s price. The above-mentioned legates, when they heard this, diligently looked into the matter.

These are the names of those who were present and questioned: Grimold, Warmher, Leuthad, Ostrold, Adelard, Ivoia, and the daughter Hildiardis.[3] They said in response “That is not so, for we ought to be free by birth”.

The already mentioned legates asked if there was anyone there who knew the truth of this matter or who wanted to prove it. Then very old witnesses came forward, whose names are these: Hardier, Tedic, Odelmar, Sorulf, Gisinbrand, Gifard, Teuderic.[4] And they testified that their origin had been bought by the lord’s price, and that they ought by justice and law more to be servi and ancillae than free men and free women.

Then the legates asked if the witnesses against them were telling the truth. They [the mancipia] saw and accepted the truth and proof of the matter, and at once re-entrusted themselves, and re-pledged the service that had been unjustly held back and neglected for so many days, through the judgement of the scabini[5], whose names are these: Geimfrid, Ursold, Frederic, Urslaud, Hroderaus, Herleher, Ratbert, Gislehard.

ENACTED in Courtisols on the 4th Ides of May in the public court, in the sixth year of the reign of the glorious King Charles; and in the third year of the rule of Archbishop Hincmar of the holy see of Reims.

Sign: I Sigloard the priest was present and subscribed with my own hand to all these truthful matters. I Heronod the chancellor signed. I Dodilo signed with my own hand. Sign of Leidrad the monk. Sign of Adroin the mayor. Sign of Gozfred the advocate. Sign of Flotgis. Sign of Guntio. Sign of Betto. Sign of Rigfred. Sign of Urinus. Sign of Alacramn, Altiaud, Balsmus, Balthard, Fredemar, Tuehtar, Atuhar, Geroard, Wido, Righard, Amalhad, Rafold, Alter, Amalbert.[6] I Hairoald the chancellor authorised and signed.

The above mentioned witnesses also proved that Teutbert and Blithelm were by origin servi, and they repledged their service in that court meeting, by the judgement of the scabini whose names are written above.”

——

[1] Mancipia is a term that generally means ‘unfree people’, and that would traditionally be translated as ‘slaves’. In property transfer records, mancipia are listed as part of an estate’s assets, along with livestock and agricultural infrastructure.

[2] Ie, male and female slaves/servants.

[3] These people are listed in the estate survey for Courtisols that was made around the same time (in the polyptych of St-Remi). It is to be noted that many of them were joint tenants of holdings along with people of free status, which may well be why they claimed that they were free too.

[4] All these witnesses were legally-free inhabitants of Courtisols.

[5] Scabini were residents who enjoyed a special status: something like jurors or local councillors.

[6] Most of these names were other residents of Courtisols.

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