Charter A Week 52: Sint-Servaas Redux

Remember Sint-Servaas? Gislebert of Lotharingia remembered Sint-Servaas. As we’ve seen on a previous occasion, conflict between his family and the archbishops of Trier had been centring around this little abbey for decades by the time that Charles the Simple confiscated it off him in 919; and that confiscation was one of the main events in the civil war that erupted between Gislebert and the king. After 919, events in Lotharingia spiralled out of control. Different magnate factions invited Ralph of Burgundy and Henry the Fowler to rule them, and despite the predominance of power lying with Ralph originally, by 925 Henry had gained control of the region. Part of the reason for that was Gislebert himself, whose loyalties to either side or neither ping-ponged all over the place for most of the early 920s. At one point, his brother Reginar II ransomed him from captivity and Gislebert immediately started ravaging his lands: there was presumably a logic to this that is now lost to us, rather than Gislebert being simply a random asshole, but it is illustrative of just how volatile Lotharingian politics were.

Gislebert, then, was too powerful to ignore and too much of a loose cannon to easily trust. How could East Frankish king Henry the Fowler deal with him?

MRUB no. 169 (928, Maastricht)

 In the name of God Eternal and our saviour the highest shepherd Jesus Christ. Gislebert, by God’s grace duke and ruler of the holy church of Maastricht.

We wish it to be recognised by all the followers of this church and of the holy lord Servatius present and future that, through the council of Our followers, clerics and laymen, We have acquired the abbey of Sint-Servaas through the consent of Roger, archbishop of the see of Trier. I, then, in return for this largess, gave by a legal and very firm gift to the altar of the blessed Peter a certain estate named Bourcy lying in the district and county of Ardenne, with all the appendages justly and legally pertaining to it, very much on the condition that I might hold both, to wit the abbacy and the same estate, in usufruct for my whole lifetime. After my death, let all the goods, the monastery, and every possession of Sint-Servaas with the aforesaid estate of Bourcy revert in their entirety to the altar and power of St Peter, and endure with perpetual stability in their dominion.

Right now, I gave another place which is called Burg by the river Moselle in the county of Maifeldgau by a legitimate gift to St Peter to be held without end. Moreover, I restored Güls, from the goods of Sint-Servaas, in the aforesaid district and in Eberhard’s county lying next to the Moselle for vestment and firmness. I, Gislebert, also concede to the aforesaid church of St Peter in benefice from the goods of [the abbey of] St Maximin [in Trier] an estate named Thalfang with all its appendages, on the condition that whilst I live the same estate should serve the uses of the holy church of Trier and be disposed of at the bishop’s judgement.

This covenant and pact concerning this affair was established before Our lord the glorious king Henry [the Fowler] and before his princes, and was praised and sanctioned by him with the consent of his magnates. However, lest perchance the notice of this agreement and gift fall into oblivion, so that it might instead endure stable and inviolate, We commanded the testament of the present writing to be made and the names of certain men who were present be added beneath, that is, of those who saw the gift and vestment before the altar of Sint-Servaas.

Sign of Odalbert, who brought the security. S. Count Waltger. S. Count Dirk. S. Count Christian. S. Count Fulcauld. S. Godfrey. S. Gerulf. S. Razo. S. Hugh. S. Reginald. S. Burgeric. S. Giselbert. S. Godfrey. S. Ingobrand. S. Ansfred. S. Waltgar. S. Arnold. S. Abbot Nithard. S. Frederick the deacon. S. Prior Herulf. S. Saruward the deacon. S. Herimar the custodian. S. Stephen the priest. S. Arnold the priest. S. Gerard the priest. S. Sigebert the priest. S. Helmerin the priest. S. Walter the priest. S. Odric the priest. S. Gerold the priest. S. Reginhard the deacon. S. Sfogilus the deacon. S. Warner the deacon.

Sigibert, pupil of Sint-Servaas, wrote and subscribed this.

Enacted at Maastricht, in the year of the Incarnation of the Lord 928, in the 5th year of the most serene king lord Henry over the realm of the late Lothar [II], in the 1st indiction.

In its form, this is about 90% a normal precarial grant, but oh what a 10%! Let’s start with the basics here: Henry has clearly brokered a compromise. The pattern ‘the challenging party gets the land in their lifetime and the Church gets it afterwards plus some extras’ is a fairly common compromise, but see the documentary evidence of it at this social level is somewhat unusual. I say ‘this social level’, but this is presumably another part of what Gislebert gets. Note the ducal title. This special mark of status is lent extra force by the recognition and acknowledgement of Henry the Fowler and all the princes. Indeed, the fact that Henry is explicitly mentioned as giving his consent is another part of what makes this strange. I suppose it wouldn’t be a royal diploma because Henry is simply overseeing the transaction, he’s not any part of it, but there were royal acts confirming exchange which could have been adapted… I wonder whether this is a way of keeping Gislebert at arms’ length or whether it’s added extra prestige, issuing a sort-of royal act?

Another interesting thing to note: the witness list. Waltger, Dirk, and Christian were all supporters of Charles the Simple back in the day. That they’re here with Gislebert might perhaps have been worrying for Henry. Whatever you can say about Gislebert’s loyalties, Charles had a lot of supporters in Lotharingia and whilst he himself is in prison at this point – although presumably would have been out of prison for a brief attempted restoration whilst this was being negotiated, an interesting chronological coincidence – it’s a potential pool of support for a West Frankish ruler. Henry had other ways of dealing with this than just a land transaction. Around this time, Gislebert got married to Henry’s daughter Gerberga. Lotharingia was thereafter pretty quiescent for the rest of Henry’s reign.

(Of course, you will note the chronological qualifier there…)

Charter a Week 44: Late Carolingian Absolutism

…so, I might be cheating again this week. For the second instalment in a row, we’re covering a charter I’m already in honest-to-goodness peer-reviewed print about; this time in the Journal of the Medieval Low Countries. This time, though, I’ve spoken less about it on the blog, so let’s start from the beginning.

Last week, we saw Charles and the prominent noble Gislebert of Lotharingia have a spectacular falling out. Gislebert raised the standards of rebellion, and one of the things he did at this time was to try and install a friendly bishop at Liège. The recently deceased bishop Stephen had been one of Charles’ most consistent supporters, and so there was a zero-sum game involved here. As for what happened, we have a remarkable and almost unique round letter from Charles explaining the events which have taken place, and why they are so bad:

MGH Conc. 6.1, no. 2 (920)

In the name of the holy and indivisible Trinity. The illustrious man Charles, by gracious favour of divine clemency king of the Franks, to all archbishops and bishops established in the realm committed to Us by God, peace and health from the same God eternal.

Cap I: Because We cannot possible enumerate the benefits of divine favour which We have known from Him from the cradle, therefore ‘shall my mouth speak the praise of the Lord and bless His holy name for ever and ever’ [Psalm 145:21]. Concerning the which, because (receiving Our just desserts) We have endured many adversities, We believe that this has been permitted to Us not to earn Our damnation but for the sake of reconciliation with Him, so that having been taught a lesson by His scourges We might learn to beware the perverse and obey His will in everything. As you know from many sources, some of Our followers deviated from the loyalty due to Us and tried to snatch from Us life and realm. They went to Our enemies and befriended them, and desired that they should give them the goods and bishoprics of Our realm. Leaving, therefore, many things unmentioned, We will make manifest to Your Sanctity of one of these men who poured into Our guts a serpent’s venom; that is, Hilduin, who acted against royal power and against the words of the Apostle, where it is said ‘Fear God, honour the king’ [1 Peter 2:17] and ‘whoever resists the authority resists against what God has instituted’ [Romans 13:2], ‘for there is no power except from God’ [Romans 13:1]; and against the words of David the harpist, who said to the Lord ‘You have set men over our heads’ [Psalm 66:12]. He crossed the Rhine to Our enemies, paying little heed to the oaths he had sworn to Us. Casting them over his shoulder, he asked for the bishopric of the church of Tongres [i.e. Liège] from Our enemy Henry [the Fowler, the East Frankish king], and usurped it to his own damnation against every statute both of the holy Fathers and of the kings, that is, Our ancestors. This is what the book of royal capitularies says concerning such matters: ‘If anyone should presume to a dignity he does not merit from a prince or just lord, he has committed sacrilege’. The blessed Gregory says ‘Just as he who refuses the invitation and flees the summons should be brought to the sacred altars, he who seeks office voluntarily and ruthlessly thrusts themselves forward should certainly be repelled. For what will he who struggles to reach a higher position do except diminish it by his gain? Why does he not consider that this blessing will become a curse for him who is promoted in such a way that he becomes a heretic?’

Cap. 2: When certain pestiferous men, as We said above, strayed from Our fidelity, We assembled 16 bishops and archbishops of Our realm, and no small number of magnates, margraves, counts and grandees, so that by their counsel, authority and virtue, We might resist such madness. It was found that new cankers should be severed and healed with new cures: by episcopal authority and the ordinance of the sacred canons, they should be driven from the company and consort of Christians. Hilduin united himself with their presumption and abominable tyranny, and gave Henry and his magnates many pounds of gold and silver. He not only knowingly joined in with them, but also, using the treasures of the church of Liège which he, instinct with the Devil, had snatched away and plundered, acted with threats and terrors to have himself consecrated as bishop by Hermann, archbishop of the city of Cologne, through the violence of Henry and his followers. Indeed, if Hermann had refused – as the venerable archbishop told Us later in the presence of many people – he would have taken his life and the goods of his church, butchered all its dependents and laid waste their goods. And so he consecrated him without the authority of legitimate precedents, as he himself has hitherto testified, but only because he was compelled by great terrors and dire cruelties. Concerning this, it is found in the Council of Nicaea: ‘If any clergyman is discovered to have communicated with an excommunicate, let him be deprived of communion like a rule-breaker. This is widely known from many councils and royal capitularies concerning excommunicates.

Cap. 3: Hilduin also invaded, pillaged and stole the goods of the aforesaid bishopric in Our realm at will, against the statue of Pope Anacletus, in which it is said: ‘St. Anacletus, who was ordained a priest by Peter the apostle, and was later made his successor as bishop of the see of Rome, with all the world’s priests, judged: “Whoever steals anything from their father or mother has committed murder. Our father is certainly God; our mother is the Church, who renews us in baptism. Therefore, whoever snatches away, steals, or defrauds the properties of Christ and the Church is a murderer, and will be regarded as a murderer in the sight of the Just Judge. He who snatches away the property of his neighbour is iniquitous; he who steals the property or goods of the Church has committed sacrilege, and should be judged as a sacrilege”’. 

Cap. 4: Finally, with insatiable greed, Hilduin carried off the treasures of the church of Liège and the palace of Aachen, which had been placed in a strong-box next to the body of the blessed martyr Lambert – he stole them from the Church and gave them to Our enemies, that is, his accomplices. Concerning this, the sacred canons decree that: ‘If anyone is found to have sold or stolen anything from the ministers of the Church, he has committed sacrilege. Let him not be kept in an ecclesiastical order.’ ‘Further concerning this matter, the blessed Augustine says in his 37th homily on the Gospel of John: “Behold, Judas is among the saints; behold, Judas is a thief; and lest you think little of this, this thief has committed sacrilege, for he has not stolen from just anywhere but from the Lord’s sacred treasures”. And a little later: “Whosoever should rob or defraud the Church of anything, let him be compared to Judas the traitor”.’  

Cap. 5: He gave these treasures of the Church to bishops and counts and accomplices for his ordination, not having before him the statutes of the Council of Africa, in which it is orders that no-one should be ordained for money, saying: ‘If any bishop pays money to obtain the dignity, let him be deposed and totally expelled, just as Simon Magus was expelled by Peter’; and in the Council of Chalcedon: ‘If any bishop, priest or deacon should to obtain the grace of the Holy Spirit for money, he will be in peril of losing his rank. Let this ordination or promotion, made for money, profit him naught, but let him be anathematized.

Cap. 6: The said Hilduin, to cap his damnation, came before the venerable Herman and swore an abominable oath on sacred relics: that I, Charles, gave him the bishopric of Liège; and he compelled some clerics and laymen to swear it as well. Various testimonies of holy writings prove that this is absurd and detestable.  

Cap. 7: Although called three times to a synod by lord bishop Hermann, so that he might, if he had just cause, respond to these things of which he was accused; or if he could not, be struck with the barb of the canons. Hilduin, because he put off coming, incurred the sentence of Pope Boniface, who said this: ‘He who does not want to come to refute what is said against him proves it to be true. And lest anyone doubt that the guilty flee judgement in this way, an innocent man seeks how he can be absolved.’ And a little later: ‘Whoever thinks themselves able to avoid judgement through delay confesses to everything’. Also: ‘If he wishes to be present in person, let him respond to the charges, if he is sure. If he neglects to be present, let him not win postponement of his sentence through his absence’.  

Cap. 8: All the clerics and laymen of the aforesaid church approached Our Sublimity, making it known to Us in mournful voices that Hilduin and his robbers had laid waste their property and taken away all their supplies and household goods. Nothing remained to them, even so much as to live off. They added in their prayers that this, by your counsel, lest they be exposed to further looting and plundering, it might be done that We should give them Richer to be ordained as pontiff, whom they had all elected. We beseech you pontiffs concerning everything which has been written in these chapters: for God and the due fidelity which you promised to Us, help as much as your strength allows in preventing Our honour from decreasing further in this matter and stabilising the state of the holy Church of God.

siegel_heinrich_i_posse

Image: the seal of Henry the Fowler (source)

The first thing to note about this letter is the emergence of a new figure in our cast of characters. In 918, the East Frankish king Conrad I had died. Conrad was a beleaguered figure who had already been beaten by Charles in their war over Lotharingia, and it seems that the threat he posed to Charles after that was minimal. Conrad’s successor Henry, though, was a different question: his position was more secure, and he appears to have been looking for ways to aggrandise himself at West Frankish expense. We will see him, and his descendants, ultimately achieve that over the course of the next sixty or so years.

In this case, though, he’s starting small, by helping Gislebert get his man in to Liège. Precisely what happened in these events has been confused because Hilduin claimed – and he was backed up by the usually reliable historian Flodoard – that Charles actually did appoint him before changing his mind. Now, Hilduin has an obvious motive for lying here; and, as it happens, so does Flodoard, who really doesn’t like Charles. Given this, I’d normally be inclined to dismiss the claim completely, except for the fact that Charles’ denial here is so weak. If he had a better case, I’d expect it to come with more force; maybe that’s just from dealing with Archbishop Hincmar of Rheims recently, who never met a weak case that prolixity couldn’t buttress. On balance, I still think the source tend towards Hilduin rather than Charles being the liar, but it’s not an open-and-shut case.

Whatever the actualities, we can see Charles responding to this particular problem in his time-honoured manner: calling an assembly and getting the appearance of consensus. In this case, though, that is paired with a remarkable emphasis on the inviolable nature of his royal authority. In fact, Charles’ stress on his own authority is not the most extreme version of this stance we have from this dispute: letters from the pope of the time are even more forthcoming about his absolute right to appoint a bishop. (Something, incidentally, noticed hundreds of years later during the Investiture Controversy when a writer from Liège used this example in his tract against papal power.) It’s a sign of how royal power had changed from the mid-ninth century by the time of Charles the Simple: the balance of authority had slowly changed in favour of kings, both relative to bishops and to aristocrats. However, all this garnish comes in a letter which is about how all these ostensible norms have been broken. There’s a kind of dissonance – Charles’ position is crystallised in the troubles, but it’s a position which might make solving the troubles themselves difficult. Charles’ royal authority might have been strong, but it was also brittle.  

Charter a Week 43: A Question of Perspective

This Charter A Week is going to be shorter than usual, for the simple reason that I’ve already written a whole article about the diplomas we’re going to be looking at. Still, they’re some of my favourite charters, it’s a fascinating case, and if you’re reading the article it might be useful to have some translations to hand.

Some background: by 919, Charles’ rule in Lotharingia is starting to look shaky. In 916, Charles’ most important Lotharingian ally Reginar Long-Neck died. His son Gislebert initially seems to have taken over some, although perhaps not all, of his fathers honores. However, within a few years things had gone downhill, and Gislebert was in open rebellion. This seems to have been his problem – we can see from evidence dating to shortly after Reginar’s death that Gislebert was in an honoured place at Charles’ court, but he seems to have wanted more. Gislebert’s rebellion was countered by Charles, who began to favour Gislebert’s enemies. Above all, in terms of our sources, Charles intervened in a long-running dispute over the abbey of Sint-Servaas in Maastricht. Sint-Servaas had been granted to Reginar by King Zwentibald, but in 898 Zwentibald regranted it to Archbishop Ratbod of Trier. When Charles became king, he gave it back to Reginar, but now…

DD CtS no. 100 (13th June 919, Herstal)

In the name of the holy and indivisible Trinity. Charles, by gracious favour of divine clemency king of the Franks.

We are taught by divine teaching and admonished by royal majesty that We should provide for the places of the saints under solid protection, and if any are worn down by anyone’s depravity, We should cause them to return to their pristine state.

Therefore, let the industry of all those faithful to the holy Church of God and to Us, that is, present and future, know that Roger, archbishop of the church of Trier, a venerable man and very faithful to Us, often approached Our Highness in lamentation, saying that the abbey of Sint-Servaas, which is built in Maastricht, in the count of Maasgau, which King Arnulf gave to the church of Trier committed to him through his precept, had already previouslybeen unjustly stolen from the aforesaid church of Trier by the violence of Count Reginar [Long-Neck] and his son Gislebert [of Lotharingia]. Therefore, sending his claim to Our court, by the judgement of the scabini of Our palace, by the testimony of all Our followers, We restored that abbey to St Peter, in whose honour the church of Trier is built, and to the aforementioned bishop, in such a way that he and his successor might hold and possess that abbey in perpetuity without contradiction from any person in its entirety, and have free power to do anything they might decree to do with it for the profit of themselves and their church.

And that this notice might be believed to be fixed and held more firmly by those present and in future time, We commanded it to be strengthened by the seal of Our palace.

These are the names of those who bestowed the aforesaid judgement: that is, the bishops Wigeric [of Metz], Dado [of Verdun], Robert [of Noyon], Abbo [of Soissons], Stephen [of Liège or of Cambrai]; and counts Matfred [of Metz], Sigard [of Liège], Otho [of Verdun], Fulbert [Charles’ standard-bearer], Christian, Erchengar [of Boulogne], Isembard, Hunger, Egfrid [of Artois], Ermenfred [of Amiens], Walter, another Walter; and the scabini Bildulf, Ragenard, Adalbert, Sigebert, Witter, Adelard, Gotbert, Bernacer, Ragembald, Fulmar, Roric, Otter, Enguerrand, Betto, Ingelbert, Bivin, Eilbert, Isuard.

Ratbod the notary wrote and subscribed this notice at the command of lord king Charles.

Given on the ides of June [13th June], in the 7th indiction, in the 27th year of the reign of King Charles, the 22nd of his restoration of unity to the kingdom, and the 7th of his acquisition of a larger inheritance.

Enacted at the palace of Herstal.

Charles’ diploma for the Church of Trier (image from LBA Marburg, whose website is set up so I can’t link to the specific document, but which can be found here)

We can see in this diploma a lot of the rhetorical themes that Carolingian kings generally, and Charles in particular, like to sound when they’re doing something controversial, notably that of consensus. Geoffrey Koziol wrote a really good article arguing that the introduction of witness lists into the diplomas of Robert the Pious was an expression of a commitment to being seen to take the opinions of his magnates into account. It is therefore noticeable here that the really long list of men involved in making the judgement in to all intents and purposes a witness list, evidence of Charles going ‘Look! It’s not just me, it’s all these key magnates in my kingdom too!’

This is doubly significant because we actually have another diploma about exactly the same issue:

DD CtS no. 103 (9th July 919, Thionville)

In the name of the holy and indivisible Trinity. Charles, by largess of divine mercy king of the Franks.

If We freely lend Our ears to the petitions of servants of God for love of divine worship, We honourably follow the custom of kings and We truly believe that We will secure the prize of eternal life because of this.

Wherefore, let the industry of all those faithful to the holy Church of God and to Us, that is, present and future, discover that the venerable Archbishop Robert of the church of Trier approached the height of Our Serenity, complaining that the late King Arnulf, at the request of Ratbod, previously archbishop of the aforesaid church, had entrusted to the holy apostle Peter at the cathedral of Trier a certain abbey which is built on the river Meuse in the place named Maastricht, where the body of the most holy confessor of Christ Servatius rests, and had endeavoured to confirm it with a precept of his sanction; but, divers misfortunes intruded and the former Count Reginar had violently taken the same abbey away from the power of the same see. Later, at the said Ratbod’s reclamation before King Zwentibald, he was compelled to restore it to St Peter. However, once Zwentibald had been killed, it was again invaded by Reginar, and after him by his son Gislebert with equal violence, who has until now refused to restore it.

Knowing his petition to be salubrious, with the consent of Our bishops and by the judgement of Our counts and of their followers, We commanded the aforesaid abbey in Maastricht, sited on the river Meuse, in the county of Hesbaye, be restored to the aforesaid archbishop in Our sight and in the presence of Our princes themselves, for love of God, in such a way that once it has been restored by Us to St Peter and the uses of the holy church of Trier, from now and henceforth no-one should be able to take it away or divide it hereafter. Rather, let Archbishop Roger and his successors have and hold the oft-said abbey by the defence of Our Piety, with the estates, churches, bondsmen of both sexes and all things justly pertaining thereto, and the exactions from the same goods, and let them rule and dispose everything pertaining to it in pursuit of their advantage, as the authorities of previous kings make clear.

Therefore, We strengthened this restoration of the abbey by a precept of Our authority for Archbishop Roger and his church with Our own hand, and We commanded it be signed with the impression of Our signet.

Sign of Charles, most glorious of kings.

Gozlin the notary witnessed on behalf of Archbishop and Archchancellor Roger.

Given on the 7th ides of July [9th July], in the 7th indiction, in the 24th year of the reign of the famous king Charles, the 23rd of his restoration of unity to the kingdom, and the 8th of his acquisition of a larger inheritance.

Enacted in Thionville.   

This diploma was redacted not by the circles around the king, but by the Church of Trier. It’s therefore really noticeable that the ‘consensus’ note is heavily underplayed, but the ‘screw you Gislebert’ note has come to the forefront. (The same is true of the diploma they wrote for King Zwentibald, incidentally.) Whereas Charles wants to emphasise to his magnates that he’s behaving entirely legitimately and with their consent, Archbishop Roger of Trier apparently just wants to emphasise that he and his predecessors were right and Gislebert and his father Reginar were wrong. It’s probably issued for Trier home consumption, as opposed to the Herstal diploma which would likely have reached a larger audience. In any case, though, these fractures in Charles’ base aren’t a good sign going forward…