Another week, another trial. This time, we’re back in William the Pious’ Aquitaine, where the abbey of Cluny – by now up and running as such – is having trouble with one of its estates.
CC no. 1.192 (30th October 913, Ennezat)
A notice of how and in what manner Count William, by the law’s favour, acquired a certain estate named Ainé from Anscher.
Therefore, let everyone who will hear or read this know that the aforesaid duke, within the timeframe prescribed by the law, laid a case against the same Anscher, to wit, because he held the estate of Ainé contrary to right either civil or public. Neither inflicting any force nor (although he was a prince) exercising any power, he conceded to him a time and place so that he could legally defend himself, if he could.
When the case had been discussed thoroughly for a long time, and in the end brought in an orderly manner to a conclusion, since the same Anscher could show in his defence neither a testament nor proof of inheritance, he made restoration, and during a great assembly in the estate of Ennezat, on the 4th kalends of November [29th October], with everyone looking on, he returned the same estate and restored it to its legal possessor, that is, Count William.
Then he presently endeavoured to restore it to Cluny, which had previously owned it and to which it pertained through the testament which Abbess Ava made concerning the same to Cluny, and to Abbot Berno and the monks of Cluny, and he had them receive it to be possessed in perpetuity for the honour of God and the holy apostles Peter and Paul.
Count Roger [Rather of Nevers?], Wigo, Wichard, Humfred, Bego, Franco, Bernard, Geoffrey, Herbert, Madalbert, Acbert, Ginuis, Gerlico.
Enacted publicly at Ennezat, on the 3rd kalends of November [30th October].
I, Ado, wrote this on behalf of the chancellor, in the 16th year of the reign of King Charles [the Simple].
There are three small things I want to pick out here. First, this is one of the few documents from our period which indicate that there was such a thing as separately conceived princely power. With that said, and with all due respect to Karl-Ferdinand Werner, the principalis potestas envisioned here is not evidently some kind of sub-royal legal jurisdiction. The implication seems to be that William could, if he wanted, exercise untrammelled force in his own interests and there’s not really anything anyone could do about it. This is fair enough – it is more or less what we saw Hugh of Arles doing last week – but it’s not some special jurisdictional privilege.
Second, we have (as Barbara Rosenwein has pointed out) at least four overlapping claims to this land: Anscher’s, which on this occasion goes unrecognised although he definitely had land here; William, who is the ‘legal possessor’, and Cluny, who used to own (unde dudum fuerat) it and to whom it ‘pertained’, has two different kinds of claim. How this works out in practice I don’t know, but those of you who are interested in land tenure might find it interesting. That William possesses the land suggests that, despite Cluny’s famous foundation charter completely giving up any claims from William’s family to rule the place, it was being used as a kind of land-bank. (I have work on this coming down the pipeline fairly shortly, I hope.)
Third and finally, note that Ava gave Aine to Cluny through a testament. This is particularly interesting because Cluny’s foundation charter from 910 was explicitly issued after Ava’s death and in memory of her. In fact, William the Pious probably didn’t found Cluny. There appears to have been a small church there beforehand, and it was probably this foundation of which Ava was abbot. Despite William’s foundation charter setting itself up as the Year Zero of Cluniac history, then, this act does appear to show that Cluny’s institutional prehistory did have some effect.