This week’s theme was originally supposed to be dealt with about twenty-six years – erm, five months – ago, in 882. But, it turns out there were some cool royal diplomas and it would have duplicated this week’s material anyway, and so we’re dealing with it now. I’ve mentioned before that in the later part of the ninth century, Charles the Bald and his point-man in Neustria, Hugh the Abbot, engaged in a process of calcifying and formalising the hierarchies of what had previously been a chaotic atelier of civil war. Robert of Neustria inherited their efforts, and as of the middle of Charles the Simple’s reign, they’re still going:
ARTEM no. 1434 (23rd June 908, Tours)
A notice of how and in what way the power of Saint-Martin de Marmoutier – that is, Dean Erlald and Dodo, levite and precentor, representatives in court – came and issued a complaint on behalf of all the brothers that lord Robert, levite and treasurer from the flock of the basilica of the blessed Martin and also a canon of the aforesaid Marmoutier, held one of their meadows, sited in the district of the Touraine in the place which is called Mercureuil, against their will. Lord Robert, though, diligently investigated and examined the complaint which had been raised, and found in this regard that the brothers of Marmoutier’s complaint was very true.
Wanting not to work against them anymore, he then made restoration. Coming, then, to the public gathering-spot (locus accessionis) with Adelelm, by then dean of the same flock, and Deacon Dodo, and Ingelger the priest, he quit that meadow before them, and declared before everyone that he would not hold it anymore.
However, Amalric, attorney (legislator) and ruler of the gatehouse of the basilica of Saint-Martin immediately asserted that lord Robert should neither make that meadow over to them nor litigate with the brothers over it; and he wished to reclaim it for the work of the gatehouse which he held. Yet with the brothers immediately contradicting him over that meadow, Amalric sent his followers – that is, Wichard and Erlo and Martin, who wanted to acquire that meadow for their benefice, which they held from the aforesaid gatehouse – to make diligent inquiries into the matter amongst their own cottars and see that they had not unjustly stolen the meadow from the brothers.
They, shaking down their own cottars, found no-one who dared to go either to judgement or to oath in the matter, because everyone knew that the brothers’ complaint was very just.
The aforesaid Adelelm, priest and dean of the aforesaid Marmoutier, and Deacon Dodo and Ingelger the priest, who had first brought this case forward on behalf of the brothers, went on the 9th kalends of July [23rd June] to the city of Tours, on the wall on the side of the Loire, to the assembly which thereupon, before Viscount Theobald [the Elder], and Walter and Fulcrad and Corbo, royal vassals, and all the aforementioned of both orders, accepted their right. Present there as well was lord Peter, sacristan of the aforesaid monastery, with other brothers, who had there legitimate and worthy and very truthful witnesses from amongst their own cottars, that is, Rainfred, who the local headman at the time when that meadow, through God’s judgement, had previously been proven in the work of Saint-Martin de Marmoutier, and Adalher and Gerald, also Robert, who was now local headman, and Adalgis, who undergo God’s judgement [i.e. undertake an ordeal] at any time to come. All of them once more were prepared to undergo God’s judgement and swear oaths.
Seeing this, the aforesaid followers of Amalric dared to receive neither a second judgement of God atop the first, nor an oath. Rather, they quit the aforesaid complaint and judgement and oath and also the meadow before everyone, in the same place and assembly.
Concerning which, the brothers found it necessary to receive a notice about this sentence, lest anything be shaken up again about this claim, which they commanded them to make and confirm immediately, through the undertaking of everyone.
These people were present when the act was enacted:
Robert, dean and custodian of the basilica of Saint-Martin and an unworthy canon, subscribed. Viscount Theobald confirmed this. Walter confirmed this. Ebalus the vicar confirmed this. Dean Erlald confirmed this. Dodo the levite subscribed this. Fulcrad confirmed this. Ingelger the priest subscribed this. Corbo, a proven vassal, confirmed this. Adelelm the priest confirmed this. Amalric the attorney, who then made restoration, confirmed this. Wichard confirmed this. Herlend confirmed this. Martin confirmed this.
Given on the 9th kalends of July [23rd June], in the year of the Lord 908, in the reign of King Charles [the Simple].
I, Gozlin, a priest of the flock of the blessed Martin and master of the school, wrote and subscribed this.
So, important things to note. First, despite how it’s described (and in Latin, the words used to talk about Erlald and Dodo there are quite formal), the initial complaint to Treasurer Robert appears to have been done informally. Erlald, Robert’s nominal superior, showed up and told him that he was holding some of Marmoutier’s property wrongfully, and this appears to have been settled amicably out of court.
It is only when Amalric gets involved that things go to trial. This makes sense, really: as we’ve talked about before, Amalric is a lawyer. The court itself is constituted in the way we might expect. It’s the local vassi dominici, overseen by the viscount – this is how other Neustrian courts run at this time. In fact, the viscount running things seems to be a policy decision. I can point you at a charter from 895 where the marchio is actually there, but it’s the viscount still in charge of the mallus court.
Despite its dry and legalistic tone, the notice that survives is a parti pris record of what must have been more colourful events. Amalric’s men allegedly, even after some light intimidation, can’t find anyone willing to act as a witness for their side; but the thing still goes to court. There, two interesting things happen. First, apparently neither side’s witnesses are enough on their own. Second, and relatedly, the whole things seems to have turned on a previous ordeal, and this is what ends the trial now: Marmoutier evidently won the last time, and the other side aren’t quite willing to try again.
On the gripping hand, note that we have this charter but not a record of the first ordeal. It’s possible that it just wasn’t written down. It’s also possible that this, second, contest got preserved because it was seen as less ambiguous than the first (the first one, after all, was demonstrably subject to challenge). It’s also also possible that it just seems that way because the canons of Saint-Martin got to write the charter…
What is important, though, is that dry and legalistic tone. No matter how informal, how compromised, or how morally-weighted the actual events were, the people of governmentalised Neustria knew that this is how you wrote down disputes. Government, in this sense, happened by portrayal rather than by action.