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Preface
Paul Fouracre, David Ganz, Jinty Nelson, Riet van Bremen, Liesbeth van
Houts, Chris Wickham, Ian Wood, and Susan Wood, all read chapters
and made incisive and astute comments. I have also been lucky to have
had help on specific points (not least by providing me with books and
offprints) from: Isabel Alfonso, Ignacio Álvarez, Roger Collins, Carlos
Estepa, Margarita Fernández Mier, Sarah Halton, Jonathan Jarrett,
Cristina Jular, Iñaki Martín, Ana Rodríguez, Julia Smith, and Roger
Wright. I am deeply grateful to all these friends and colleagues for
their generosity with their time and knowledge—and especially to Ann,
Liesbeth, Riet, Chris, and Julio for reading and responding to the whole
work. I really could not have finished it without them; Julio’s energetic
criticism, coupled with encouragement, has been particularly helpful
over a long period. Obviously, none of them bears any responsibility for
the things I say: the errors are my own and I have sometimes obstinately
stuck to my views against their advice.
I am also grateful to the several bodies which have awarded funding
in the course of this work, especially for allowing me the opportunity for
essential field trips to think about landscape and land-use: UCL History
department, UCL Dean’s Travel Fund, the British Academy, and the
Spanish ‘Foundations of European Space’ project. UCL also gave me
six months of essential sabbatical leave. Richard Foster gave much-
appreciated help with the final stages, and Brian Williams drew the
maps, putting in considerable effort at very short notice. I am extremely
grateful to the following Spanish libraries for giving me permission
to reproduce manuscript pages: to the Biblioteca Nacional de España
(Madrid) for BN MS Vit. 14–2, fol. 209, for the cover illustration; to
the Patrimonio Nacional de España (Madrid) for the Biblioteca de El
Escorial MS D.I.2, Códice Vigilano o Albeldense, fol. 428r, for Fig.
7.1; and to the Biblioteca de la Real Academia de la Historia, Madrid,
for Códice de San Millán de la Cogolla 25, fol. 145v, for Fig. 3.1.
Woolstone
December 2006
Contents
List of Figures x
List of Tables xi
Abbreviations xii
Note on Terms for Regions xiv
Note on Spelling xvi
L A N D A N D PE O P L E
¹ Cel446.
2 Setting the Scene
⁴ There is a recent, brief, economic survey of early medieval Spain in A. Isla Frez, La
alta edad media. Siglos VIII-XI (Madrid, 2002), 219–37, while T. F. Glick, Islamic and
Christian Spain in the Early Middle Ages (Princeton, 1979) contains some stimulating
economic analysis; there are several good analyses of the agrarian economy in regional
studies, such as, for example, M. del C. Pallares Méndez, El monasterio de Sobrado: un
ejemplo del protagonismo monástico en la Galicia medieval (La Coruña, 1979), 29–53,
and J. J. Larrea, La Navarre du IV e au XII e siècle (Paris and Brussels, 1998), passim,
although these are limited in geographical range. For charters, see below, pp. 22–6.
⁵ Sob94 (963). ⁶ Cel247; S308.
⁷ SM7 (864); Li220 (950); Cel2 (942); cf. Sob2 (955).
⁸ Cel84 (986), Sob98 (952); Cel380, A8, V27.
6 Setting the Scene
all regions: for example, arable was sold in 930 in Fontasquesa, on the
northern edge of the meseta, for two quarters of grain and two rams; half
a vineyard was sold in 963 in Marmellar (Castile) for grain to the value
of five solidi (a unit of account, notionally a silver ‘shilling’); arable was
sold in Cexo (southern Galicia) in 981 for a cow, a sack of wheat, and
two quarters of peas.⁹ The cultivation of vines was also important and
transactions in vineyards were almost as common—in all parts, east or
west, hill or plateau—as those in arable. The land that went with the
small monastery of San Miguel de Támara (Castile) comprised three
arable plots, three enclosures, a pasture, no less than five vineyards, a
terraced plot (faza), and two plots for houses, with two gardens.¹⁰ In
fact, records of transactions in individual vineyards increased two- or
three-fold in mid-century; the impression that viticulture was expanding
is reinforced by the many references, in the second half of the century,
to the vineyard ‘I planted myself ’; new vines, like new orchards, were
clearly established at this time across the whole region, like those in the
far North in the Liébana in the generation before 963, those in Galicia
a couple of decades later, or the orchards planted near León in the
generation before 977.¹¹
We can also derive some sense of land-use by looking at the formulaic
language used in charters. While some texts use a descriptive noun like
‘vineyard’ or ‘meadow’ or ‘wood’ to identify the subject of a transaction
or a dispute, others give a name to a property and list its appurtenances;
hence, standard phrases like ‘the villa at Carvajal, with its homesteads,
vineyards, and arable fields’.¹² One might be tempted to dismiss the latter
lists as mere formulas, of no significance for on-the-ground description.
However, such lists can be useful in two different ways: firstly, there
⁹ S34, C112, Cel571. In fact Galician prices are much more likely to be cited in
terms of grain, bread, and wine, than are those on the meseta, which preference payment
in cattle and sheep. One might be tempted to argue from this that there was more
arable in Galicia and more pasture on the meseta, but Galicians also commonly used a
cattle standard of value (for example, a horse worth fifteen oxen), and it is as likely that
people paid in scarce commodities as in what was common (note that pigs, which were
clearly common, hardly ever feature in prices; Ov9 (946), Ov12 (948) are exceptions);
see further below, pp. 157–9, for discussion of price. For solidi, see Davies, ‘Sale, price
and valuation in Galicia and Castile-León’, Early Medieval Europe, 11 (2002), 149–74,
at 160–5, and below, p. 184.
¹⁰ C134 (968).
¹¹ T69, Cel197 (975–1011), Lii450; cf. OD12 (961), the orchard planted by an
uncle, Cel70 (962), the orchard planted with a husband, Sob69 (946); some of the
Sobrado examples are much earlier: Sob124 (860), Sob104 (918), Sob105 (921).
¹² For the former, S44 (932), Cel218 (936), for example; Liii571 (995).
Setting the Scene 7
¹³ S45. ¹⁴ Cel163 (932), C109 (963), SM89 (971), SM95 (979), for example.
8 Setting the Scene
¹⁹ For example, montes: S42 (931), C27 (935), Cel218 (936); untamed land: S40
(930), S41(930), S209 (963); terra calva: Cel398 (963), Cel165 (963), Cel174 (964),
Cel338 (989).
²⁰ See below, pp. 61–4, 208–13. The point is made well in several excellent studies
of the growth of monastic lordship; see, for example, J. A. García de Cortázar y Ruiz
de Aguirre, El dominio del monasterio de San Millán de la Cogolla (siglos X a XIII).
Introducción a la historia rural de Castilla altomedieval (Salamanca, 1969); S. Moreta
Velayos, El monasterio de San Pedro de Cardeña. Historia de un dominio monástico
castellano (902–1338) (Salamanca, 1971); J. M. Mínguez Fernández, El dominio del
monasterio de Sahagún en el siglo X (Salamanca, 1980).
²¹ Civitas was usually primarily an episcopal see in the early middle ages, but in most
of the cases noted below the contexts indicate more than a purely episcopal settlement.
Zamora and Coyanza were also called civis in the late tenth century, Cel428 (983),
Lii360 (963). Urbs was also occasionally used of monastic settlements, like Sobrado,
Sob1 (952).
²² A suburb could stretch some distance: Cardeña, often located formulaically in the
suburb of Burgos, is 8 km away from the town; by contrast see C43 (944) ‘in suburbio
quod dicunt Agusini’, the relatively small district of Ausín, for a suburb with no focal
10 Setting the Scene
course, whether or not these places had an urban character and distinc-
tive economic function, rather than simply being physically different, is
much more difficult to assess. There are brief references to Lugo, Oca,
Coyanza, Salamanca, Simancas, and Zamora, just enough to indicate
that they came within the consciousness of some record-makers as
distinctive places.²³ Astorga, Dueñas, Cea, and Burgos are more solid
in the record: Astorga and Dueñas had urban plots and houses; Cea
did too, as well as a fortification and market; while Burgos had its own
distinctive population and shops.²⁴ In fact, however, it is only León
for which we have sufficient detail to be sure of its urban physical
character and urban economic function.²⁵ We hear of its walls, gates,
and towers; the many roads that led to it; the monasteries, churches,
and cemeteries within it; the city as royal centre and as locus of judicial
hearings; and the many town plots, often known as cortes.²⁶ Town
plots were quite substantial and had something of the character of a
rural homestead in the town.²⁷ They often seem to have been fenced
off; they could have several buildings on the plot, apparently includ-
ing different residences—some had as many as five smallish houses
(casas); they occasionally had a church; they might have gardens and
granaries; and they also tended to have associated lands, located in the
suburb.²⁸
‘town’. Cf. also Li17 (904), ‘suburbio de kastro’ of Monzón, and S270 (973), the suburb
of Melgar (also with castrum). See further C. Estepa Díez, ‘El alfoz castellano en los siglos
IX al XII’, in España Medieval, IV, Estudios dedicados al professor D. Angel Ferrari Núñez
(Madrid, 1984), 305–41, at 311–14.
²³ Lugo: Cel179 (927); Oca: SM9 (869), perhaps no more than a bishop’s see at that
date; Coyanza: Lii360, Liii530 (989); Salamanca: Li149 (941); Simancas: Lii469 (979);
Zamora: Cel430 (951), Lii409 (968), Cel428.
²⁴ Astorga: Sam115 (982), cf. Liii548 (991) and Liii578 (997); Dueñas: S171 (960),
Lii478 (980); Cea: S130 (951), Lii311 (959), S315 (983), S327 (984), S349 (994);
Burgos: C5 (912), C46 (944), C151 (972), C189 (982), C203 (992).
²⁵ The classic picture of tenth-century León of C. Sánchez-Albornoz, Una ciudad
Hispano-cristiana hace un milenio. Estampas de la vida en León (4th edn., Buenos Aires,
1947 [originally published 1926]), may perhaps overstate the urban quality, but its
essential point remains very reasonable. There is helpful relevant material in C. Estepa
Díez, Estructura social de la ciudad de León (siglos XI—XIII) (León, 1977), passim, but
especially 113–21, 153–64, 199–215.
²⁶ For example: Li43 (917), Li230 (950), Lii296 (956), Lii426 (973), Lii489 (982);
Li168 (943), Liii586 (999); Li42 (917), Lii311 (959), Lii425 (973), Liii520 (987);
Lii416 (972).
²⁷ Modern English ‘court’ has too many aristocratic overtones to be a useful transla-
tion. Some rural homesteads, i.e. farmsteads, are also referred to as cortes, e.g. S368 (956).
²⁸ Li109 (936), S64 (937), Lii412 (970); Li83 (929), Li180 (944), Li230 (950),
Lii296 (956); Lii462 (978); Li76 (928), Liii611 (994–1001); Li180, Lii279 (954).
Setting the Scene 11
²⁹ SM116.
12 Setting the Scene
slowly at first but rapidly from the early tenth century and very rapidly
across the eleventh and twelfth centuries.³⁰
It would be possible to write the political history of the tenth
century within a completely different framework, paying more atten-
tion to the complex interplay of aristocratic conflicts within northern
Spain, the fragility of the dynasties that came to dominate, and
the inconsistent relationship between rulers and population; or it
would be possible, as has recently been the case, to frame it with-
in a context of increasing seigneurialization (the growth of private
lordly power).³¹ A number of different approaches are viable. For
present purposes, it is important to remember that political consolida-
tion was not inevitable and that conflict between high aristocrats was
frequent.
It is simplest to deal with the fluctuating political geography by
thinking in terms of four political zones, of very unequal size. First, the
kingdom of Asturias-León (increasingly called simply the kingdom of
León) constituted by the tenth century by far the largest political zone,
occupying—almost literally—the whole of the north-west quarter of
Spain. With its ultimate origins in the far north, in Asturias, its political
centre had been focussed at Oviedo in the late eighth century; over the
course of the ninth century its kings extended their political control to
the south and west, such that from 911 the city of León became their
new political centre. Within this kingdom regions such as Portugal,
Galicia, and Asturias were sometimes nominally controlled by royal
sons or brothers as distinct entities, although tenth-century León kings
are very noticeable in the major Galician charter collections and it is
debatable to what extent any distinct political identities—as apart from
geographical identities—were sustained.³² Within this kingdom lay a
second zone, the County of Castile, running north to the sea on the
kingdom’s eastern side, lying between the heartland of the kingdom of
León on the one hand and the kingdom of Navarre and the Muslim-
dominated Ebro valley on the other (see Fig. 1.4). Counts of Castile
are notable from the early tenth century and played an increasingly
independent role from the middle of the century; by the turn of the
millennium it was the relationships between the kings of León and
Figure 1.4 Principal political regions of northern Iberia in the tenth century
Navarre and the count of Castile that were to constitute one of the
principal themes of political development.³³
Third, to the north-east of Castile lay the kingdom of Pamplona
or Navarre, its kings recorded from the ninth century and engaging
successfully with other Spanish rulers during the tenth, notably during
the long reign of García Sanchez I (925–70). This remained a small
kingdom during our period, with its Pamplona focus in the mountains
that are a western extension of the Pyrenees (including much of the
present-day Basque country), although tenth-century kings had interests
in the Ebro valley to the south and effectively incorporated the county
of Aragón to the east.³⁴ Last, in the north-east (and beyond the scope of
this book), in the Pyrenees and their southern and western hinterland,
lay Catalonia, subject to Frankish expeditions in the late eighth century
and established as a ‘march’ (border zone) of the Carolingian Empire in
the early ninth.³⁵ Initially comprising seven counties, more were added
before the more prominent counts began to absorb the lesser counties;
nevertheless, the counts continued to look to the north-east, towards the
Frankish state, for more than a century. In the later tenth century one
count, the Count of Barcelona, emerged predominant and the Frankish
orientation rapidly dissolved.³⁶
For the purposes of this work, then, the large kingdom of León
provides the wider political context for most of the transactions record-
ed in the charter collections, although an important set of these lay
in the County of Castile, which was within the kingdom. Some
transactions related to property in the kingdom of Navarre, or with-
in the range of the kings of Navarre, but there are far fewer of
these.
Kingdoms there may have been, but the extent to which kings
governed their territories or their people is arguable. There was certainly
an expectation of government—many charter texts are suffused with the
language of governance and of the supremacy of kings—but evidence
for machinery of government in the tenth century is relatively thin.³⁷
However, there is some. Kings held court, and attracted powerful
people, lay and clerical, to their courts; it is clear that for much of the
tenth century the city of León, as permanent focus of the royal court of
Asturias-León, was a busy political centre. Beyond the royal family and
the coming and going around the king, the best-evidenced mechanism of
government lay in the royal delegation of territorial control to powerful
individuals or religious communities. Aristocrats and corporate bodies
could be given charge of territories, a responsibility variously called
comissum, comitatus, and mandatio: the territorial authority exercised by
the monastery of Sobrado was called all three in successive decades of the
later tenth century.³⁸ Such territories might be as large as the County
and these studies are well-known beyond the Iberian peninsula. See the comments of
A. J. Kosto, Making Agreements in Medieval Catalonia. Power, Order, and the Written
Word (Cambridge, 2001), 5–6.
³⁶ The recent classic study of Catalonia in this period is P. Bonnassie, La Catalogne du
milieu du Xe à la fin du XIe siècle: croissance et mutations d’une société, 2 vols. ( Toulouse,
1975–76); see also his shorter assessment, P. Bonnassie, La Catalogne au tournant de l’an
mil. Croissance et mutations d’une société (Paris, 1990).
³⁷ See further below, pp. 93–5, for kings and charters.
³⁸ Sob106 (958), Sob107 (968), Sob108 (978). Cf. Sam170 (930) ‘comisso de
Lausata’ but Sam44 (975) ‘territorio Lausata’, whereas Liii548 (991) has the more
hierarchical ‘villa in mandatione N in territorio N’. The word comitatus has quite a
wide range of meaning: usually translated ‘county’, it might simply signify a physically
defined territory, but it could also signify ‘sphere of authority’—one of the Sobrado texts
Setting the Scene 15
relates a dispute about whether a local community fell within the comitatus of one bishop
or another, Sob109 (986–99). Cf. Sam78 (948) ‘villa Stephani, comitatu de Froian,
territorio lucensi’.
³⁹ Political confiscations: Liii541 (990), Cel104 (994), Cel266 (996), Liii581 (998),
for example.
⁴⁰ I. Álvarez Borge, ‘Estructuras de poder en Castilla en la alta edad media: señores,
siervos, vasallos’, in Señores, siervos, vasallos en la alta edad media. XXVIII Semana de
estudios medievales, Estella, 16 a 20 de julio de 2001 (Pamplona, 2002), 269–308, at 300,
304; J. M. Salrach, ‘Les féodalités méridionales: des Alpes à la Galice’, in E. Bournazel
and J.-P. Poly (eds.), Les féodalités (Paris, 1998), 313–88, at 363.
⁴¹ Isla Frez, La alta edad media, 288.
⁴² C. Estepa Díez, ‘Formación y consolidación del feudalismo en Castilla y León’, in
En torno al feudalismo hispánico. I congreso de estudios medievales (León, 1989), 157–256,
at 169–79.
16 Setting the Scene
grandson, King Alfonso V.⁴³ There are in fact some good examples of
the exercise of mandationes in the very late tenth century.⁴⁴
When the holder of delegated authority had something called a castle
to control, some military function is clearly implied, although we do
not know much about the physical character of such places at this time,
and it was the eleventh century before the detail of arrangements for
military provision became clear.⁴⁵ Maintaining and provisioning some
kind of strongpoint is one aspect of power exercised in the name of the
king. The nature of the power exercised in other cases is not nearly so
clear, although general statements that holders could give commands
and expect obedience are not uncommon.⁴⁶ What, if any, substance lay
behind such statements is largely a matter for speculation. However,
holders of delegated authority clearly derived income from such positions
and they clearly operated judicial courts.⁴⁷ Indeed, maintenance of a
public court system is the best evidenced of the duties such persons
performed in the tenth century. One could argue that some of these
were private courts, but the fines taken are better interpreted as due
payment and the texts that record detailed cases convey a strong sense of
the public, of regular and standard procedures, and of the participation
of other public officers such as the saio.⁴⁸ Holding a public court and
hearing ‘criminal’ cases was part of the job. And it was in the judicial
court that ordinary people could most obviously relate to the ruler,
through representatives such as these.
Ordinary people
As ordinary people go, it is difficult to get a sense of the character
of the ordinary townsperson in tenth-century contexts. There were
clearly many monks, nuns, and clergy about the town of León, as also
⁴³ Cel207, Cel499; Lii300 (951–6), Liii588, Liii589; cf. Li257 (952), Cel54 (955),
Liii577 (997).
⁴⁴ See C. Estepa Díez, ‘Poder y propiedad feudales en el período astur: las mandaciones
de los Flaínez en la montaña leonesa’, in Miscel-lània en homenatge al P. Agustí Altisent
( Tarragona, 1991), 285–327; and see further below, pp. 144–9.
⁴⁵ Salrach, ‘Les féodalités méridionales’, 322–8.
⁴⁶ e.g. Sam38 (937), Sob108 (978), Lii461 (978), Liii549 (991).
⁴⁷ See below, pp. 143–6, for examples and discussion.
⁴⁸ See further below, pp. 145–6, 182. The saio was a ‘kind of executive officer of
the court’, to borrow Roger Collins’s phrase, ‘ ‘‘Sicut lex Gothorum continet’’: law and
charters in ninth- and tenth-century León and Catalonia’, English Historical Review, 100
(1985), 489–512, at 505; this paper is helpful on court procedure.
Setting the Scene 17
⁵⁴ Lii460 (978), Cel421 (997); for boundaries, see above, p. 8; Li158 (942).
⁵⁵ Cel446 (see above, pp. 1–2); OD40 (995), OD41 (995); cf. incidental references
to rents, Cel243 (974), Cel353 (999). Some of the references to heredes may well have
denoted free tenants, e.g. S188 (961), Lii401 (967).
⁵⁶ Central among the many works is M. Bloch, Feudal Society, trans. L. A. Manyon
(London, 1965 [first published in French 1939–40]), especially 241–79, as also his Les
caractères originaux de l’histoire rurale française (Oslo, 1931); more recently G. Bois, The
Transformation of the Year One Thousand: The Village of Lournand from Antiquity to
Feudalism, trans. J. Birrell (Manchester, 1992) (first published 1989), and the ‘debate’ in
Past and Present: T. N. Bisson, ‘The ‘‘feudal revolution’’ ’, Past and Present, 142 (1994),
6–42; D. Barthélemy and S. D. White, ‘The ‘‘feudal revolution’’ ’, Past and Present, 152
(1996), 196–223; T. Reuter, C. Wickham, T. N. Bisson, ‘The ‘‘feudal revolution’’ ’,
Past and Present, 155 (1997), 177–225. The recent debate has been much concerned
with the point and rate of change. See further below, pp. 19–22.
⁵⁷ P. Bonnassie, La Catalogne, i. 298–302, ii. 828–9.
Setting the Scene 19
being given away, especially in lists of property with which women were
endowed on marriage; we read that servitude was the appropriate penalty
for adultery (although the woman in a recorded case avoided the penalty
by making a gift of land); we read of slaves being freed; and we hear
of male and female slaves among the labouring population of estates,
where they are differentiated from the freed and the free labourers.⁵⁸ The
bequest of the deacon Ermegildo is particularly striking (and extremely
unusual): he made provision for his freed men, so that they would remain
free, owing nothing to anyone except for the obligation to light a candle
for him every year; and he confirmed the gifts he had made to his house
boys, with a similar provision of freedom from future obligations.⁵⁹
Slavery clearly encompassed both rural and domestic slavery. Many
cases are located in Galicia and the northern regions of Asturias and
Cantabria, although they occur on the meseta too; however, even in the
west and the north, we cannot begin to estimate what proportions of
the populations were slaves.
Putting slaves to one side, was the status of free peasants secure? In
the longer term, some decline in status seems clear and has, reasonably
enough, been associated with developing powers of lordship.⁶⁰ How
far, however, can any decline be located in the tenth century? Servile
tenure—in which tenants, though of legally free status, had no freedom
to move away and were increasingly subject to onerous, often manual,
obligations—can be difficult to identify before the year 1000: there are
some clear cases but also many ambiguities.⁶¹ The texts note plenty of
tenants who owed ‘service’ to landlords; this may look like servitude,
but, in the language of these records, it usually means regular dues and
does not necessarily have servile overtones: in May 977 the confessor
Manni Ovécoz gave the bishop of León his villa on the banks of
⁵⁸ T19 (914), Cel477 (961); Cel576 (916), Cel577 (926), S207 (962), OD50 (s.d.);
Liii561 (994); T7 (831), Sob123 (867), Cel172 (943), SamS-3 (961); Sob77 (817), S39
(930), Sob64 (984), S328 (985).
⁵⁹ Li109 (936).
⁶⁰ See, for example, Estepa Díez, ‘Formación y consolidación del feudalismo’; R. Pas-
tor, ‘Sur la genèse du féodalisme en Castille et dans le León, Xe –XIIe siècles. Point de
départ pour une histoire comparative’, in H. Atsma, A. Burguière (eds.), Marc Bloch
aujourd’hui. Histoire comparée et sciences sociales (Paris, 1990), 259–70; J. A. García de
Cortázar and E. Peña Bocos, ‘Poder condal ¿y ‘‘mutación feudal’’? en la Castilla del
año mil’, in M. I. Loring García (ed.), Historia social, pensamiento historiográfico y edad
media (Madrid, 1997), 273–98; Salrach, ‘Les féodalités méridionales’. See further below,
pp. 28–30.
⁶¹ The terms used in the texts are often ambiguous; see A. Isla Frez, La sociedad gallega
en la alta edad media (Madrid, 1992), 208–14, for discussion of terminological problems.
20 Setting the Scene
⁶² Lii451; Sob130; see also below, pp. 57–60, for client agreements to serve a church.
⁶³ Ambiguous cases, for example: Sob75 (858), Cel233 (886), SM89 (971), Sam44
(975).
⁶⁴ Lii461, Lii290 (see further below, p. 198, for Pardomino); Portugaliae Monumenta
Historica, CLXIV (991) (cf. Li43 (917), in which residents of one episcopal estate were
free to leave but had to leave half of their goods if they did); S19 (cf. Lii298 (956),
another royal gift).
⁶⁵ Cel144 (s.d.), cf. Cel84 (986); Liii574 (996); SamS-8 (985). SM30 (943) explicitly
allows the free inhabitants of a villa given to San Millán de la Cogolla by the king of
Navarre to leave if they wished, but others were tied to the service of San Millán.
Setting the Scene 21
ground the corn and those who looked after the pigs; those who provid-
ed the wax for church lighting; those who worked the saltpans.⁶⁶ The
examples run at least from the early tenth century and most obligations
were clearly not new at the time of recording. In some parts (and not
exclusively in the north-west), there were servile dependents as well as
free tenants for much of the tenth century, not forgetting the slaves and
the peasant proprietors. In other words, the patterns are more complex
than a simple picture of servile obligations imposed in increasing weight
from round about the year 1000: some customary obligations were in
place long before that date; there are occasional indications of new obli-
gations in the second half of the tenth century, while it is the case that
far more of the unambiguous cases fall in the second half of the tenth
century than the first. We should therefore think of a rural landscape
composed variously, in different regions, of different proportions of
slaves, servile dependents, and free peasants, the latter including both
tenants and proprietors, and also of different rates of change. We cannot
quantify those proportions because we do not have comprehensive data
and because of the ambiguities, but we need to remember both the
complexities and the likely differences from place to place.
It is evidently the case that we cannot always be clear about who was a
peasant and who was not, as also who was a free peasant and who was not.
Some groups can be easily excluded from the free peasant category: as in
other European cultures at this time, the servile did not often speak;⁶⁷
although individuals might be named in lists of people with obligations,
servile residents tended to move in a block; we rarely see them as
individual actors. Great aristocrats too—kings, counts, bishops, wealthy
property owners—are clear enough, whether by label, behaviour, or
scale. Neither serfs nor high aristocrats are likely to be confused with free
peasants. However, there is a wide social range between these two strata
and the texts are not explicit about the social status of many actors. That
being the case, there have to be guidelines for assigning status and in what
follows I adopt the following convention: where properties of small scale
were conveyed, where prices were low, where their donors and vendors
⁶⁶ Cel158 (942–77), Cel5 (986), Cel272 (993); cf. Cel92 (968), Cel154 (s.d.), and
probably, in Castile, C188 (981). Cf. Documentación medieval de Leire (siglos IX a XII),
ed. A. J. Martín Duque, no. 12 (arguably 991, but perhaps later) for ploughing, sowing,
and harvesting services due from thirty-three named individuals, as well as light dues
payable in cakes, bread, grain, or meat.
⁶⁷ See W. Davies, ‘On servile status in the early middle ages’, in M. L. Bush (ed.),
Serfdom and Slavery: Studies in Legal Bondage (London, 1996), 225–46, at 243.
22 Setting the Scene
H I S TO RY
Charters
The texts that become so plentiful in the tenth century are charters,
as we have already begun to see. Although there are other kinds of
text available, many hundreds of charters survive from tenth-century
northern Spain.⁶⁸ These texts include records of sales, exchanges,
disputes, and donations (the latter comprising both lifetime gifts and
bequests). The charters are preserved as copies in some well-known,
often large, monastic and episcopal cartulary collections, and sometimes
as single sheets, many of which are originals.⁶⁹ The transactions which
they record peaked in the middle of the century, with far more in
the 950s and 960s than in earlier or later decades; indeed, numbers
before 920 total less than a hundred; from 930 the increase was steep
until the 950s (during which there were several hundred transactions),
partly because of a significant increase in the proportion of small-scale
business; and from 970 numbers drop off quite steeply.⁷⁰
Different collections have different profiles, however, and there is
considerable variation in regional distribution. In the following couple
of pages, I indicate the basic statistics of the collections which have
been most used in this book, with their regional associations.⁷¹ In fact,
⁶⁸ There are a few narrative sources, though their content is quite sparse. The major
chronicle covering the tenth century is an early eleventh-century work, only recoverable
from later compilations: J. Perez de Urbel, Sampiro. Su cronica y la monarquía leonesa en
el siglo X (Madrid, 1952). See further below, pp. 183–4, on narrative sources.
⁶⁹ See below, p. 92, for single sheets and originals.
⁷⁰ For detail of transactions in the largest collections, see W. Davies, ‘Sale, price
and valuation’, 154–5. See below, pp. 209–13, for small-scale transactions and the
significance of the sudden increase.
⁷¹ Numbers given for transactions are necessarily approximate, and I wish to avoid
giving any spurious sense of precision. Numbers of transactions do not precisely mirror
Setting the Scene 23
the numbers of records: what was or was not a transaction is sometimes arguable; some
charters record more than one transaction; some record texts such as inventories or
sworn witness statements and do not record any transactions; some records duplicate
transactions recorded elsewhere. For this count I have excluded obviously corrupt
documents; included boundary statements, records of disputes, and exchanges (as
transactions other than sale or donation); and included confirmations with donation
figures. Where there are minor discrepancies with previously cited numbers, it is because
for present purposes I have used a different classification.
⁷² O Tombo de Celanova, ed. J. M. Andrade, 2 vols. (Santiago, 1995) — a late twelfth-
century cartulary comprising, in the opinion of this editor, three earlier collections;
charters cited by number as Cel1, Cel2, etc. There has been much criticism of this
edition (see J. I. Fernández de Viana y Vieites in Commission Internationale de
Diplomatique, Vocabulaire International de la Diplomatique (Valencia, 1997), 45, n. 23),
but it is the one that has been available to me and I have found it helpful.
⁷³ El Tumbo de San Julián de Samos (siglos VIII–XII), ed. M. Lucas Álvarez (Santiago
de Compostela, 1986); a cartulary of c.1200, charters cited by number as Sam1, Sam2,
etc. Tumbos del monasterio de Sobrado de los Monjes, ed. P. Loscertales de García de
Valdeavellano, 2 vols. (Madrid, 1976)—two twelfth-century cartularies, charters cited
as Sob1, Sob2, etc.
⁷⁴ Colección documental del archivo de la catedral de León, vol. 1 (775–952) ed. E. Sáez,
vol. 2 (953–85), ed. E. Sáez and C. Sáez; vol. 3 (986–1031), ed. J. M. Ruiz Asencio
(León, 1987, 1990, 1987)—the core of the edition is a large cartulary of the first third
of the twelfth century; charters cited as Li1, Li2, Lii259, Liii512, etc.
⁷⁵ Colección diplomática del monasterio de Sahagún, vol. 1, ed. J. M. Mínguez
Fernández, vol. 2, ed. M. Herrero de la Fuente (León, 1976, 1988)—from two
24 Setting the Scene
collections, one a copy of a cartulary of the early twelfth century and the other a cartulary
of 1110; charters cited as S1, S2, etc.
⁷⁶ Colección documental del monasterio de Santa María de Otero de las Dueñas, ed.
J. A. Fernández Flórez and M. Herrero de la Fuente, vol. 1 (León, 1999), cited as OD1,
OD2, etc.
⁷⁷ Colección documental del monasterio de San Pedro de Cardeña, ed. G. Martínez
Díez (Cardeña/Burgos, 1998), (older edition: Becerro Gótico de Cardeña, ed. L. Serrano
(Silos/Valladolid, 1910)); 1998 edition cited as C1, C2, etc.
⁷⁸ Cartulario de San Millán de la Cogolla, ed. A. Ubieto Arteta (Valencia, 1976)—an
early twelfth-century collection, from several sources, cited as SM1, SM2, etc. Cartulario
de Valpuesta, ed. M. Desamparados Perez Soler (Valencia, 1970)—a late eleventh-century
cartulary, cited as V1, V2, etc.
⁷⁹ Cartulario de Albelda, ed. A. Ubieto Arteta (Valencia, 1960), cited as A1, A2,
etc.; Cartulario de San Pedro de Arlanza, antiguo monasterio benedictino, ed. L. Serrano
(Madrid, 1925), cited as Ar1, Ar2, etc.; Cartulario de San Juan de la Peña, ed. A. Ubieto
Arteta, 2 vols. (Valencia, 1962–63), charters (in vol. 1) cited as SJP1, SJP2, etc.
⁸⁰ Cartulario de Santo Toribio de Liébana, ed. L. Sánchez Belda (Madrid, 1948), cited
as T1, T2, etc.; Colección diplomática del monasterio de San Vicente de Oviedo (años
781–1200), ed. P. Floriano Llorente (Oviedo, 1968), cited as Ov1, Ov2, etc.
Setting the Scene 25
post-Roman society, that is from the fifth and sixth centuries, those parts
of northern Spain which were little touched by Romanization sustained
a tribal society whose transformation from collective property-owning
kin groups to villages of individual owners constituted a different
and later route to feudal society.⁸⁶ Most historians of the subsequent
generation accepted a basic principle of feudal development, with variant
approaches; in other words, they accepted the emergence of a world
characterized by the domination of private lords over the persons,
labour, and surplus of a largely servile peasant population, the near
absence of slavery, the fragmentation of the public power of the state
and its dispersal among the greater private lords. The development of
private lordly power (i.e. the process of seigneurialization) has been
more central to the historiography than detail of fiefs, vassals, and
varieties of aristocratic service, although the latter do of course feature.
Most scholars identified the central middle ages as the key period of
feudalization, charting the development at different rates within a tenth-
to twelfth-century bracket, although often quite late in the bracket, and
pointing to differences between the Spanish development and that of the
classical Frankish manor.⁸⁷ Discussion still continues.⁸⁸ The language
of feudalism, however, is today embedded in Spanish historiography.
Alongside the acceptance of feudalism, other themes have emerged.
Regional history became prominent from the 1970s, with close attention
to local development through systematic study of, in particular, monastic
seigneuries —like the hugely influential works of García de Cortázar on
San Millán de la Cogolla and of Mínguez on Sahagún.⁸⁹ Other issues
emerged in the context of the feudal discussion, taking on a life of their
own: the collapse of community collectivities in the face of growing
seigneurial power, for example; the emergence of a class of mounted
soldiers, termed milites and caballeros, and its social consequences; and
the strength, or the privatization, of public power.⁹⁰ Recently a new
trend has emerged, a trend that questions the fact of depopulation
itself and therefore of repopulation and colonization, especially in the
Duero valley. Muslim invasion and campaigning may not after all
have sent the Hispanic population of the meseta fleeing north into the
mountains; most, it is now argued, stayed where they were, continuing
to farm, their settlements in some parts connected through networks
of supra-local units.⁹¹ This is not entirely new, for qualifications to the
stark depopulation model had been proposed long before the recent
trend;⁹² Menéndez Pidal had clearly made the point that the word
populare in early medieval texts, literally ‘to populate’, could refer to
the imposition of new political and administrative structures rather
than to new settlements. Some (more modest) decline in population
now tends to be invoked in place of total desertion, as is—as we have
seen—new colonization arising out of sheer peasant dynamism in the
tenth and eleventh centuries, in a context of demographic growth.⁹³ In
other words, the intensification of agricultural production that is clearly
signalled by the texts seems to have been associated with new kinds of
proprietary rights, alongside new expectations of regular and increasing
⁹⁰ See for example J. Escalona Monge, ‘De ‘‘señores y campesinos’’ a ‘‘poderes feudales
y comunidades’’. Elementos para definir la articulación entre territorio y clases sociales
en la alta edad media castellana’, in I. Álvarez Borge (co-ord.), Comunidades locales y
poderes feudales en la edad media (Logroño, 2001), 115–55; J. A. García de Cortázar, La
sociedad rural en la España medieval (Madrid, 1988), 27–36; Estepa Díez, ‘Formación y
consolidación del feudalismo’, 164–74; Salrach, ‘Les féodalités méridionales’, 373.
⁹¹ J. Escalona Monge, Sociedad y territorio en la alta edad media castellana. La
formación del alfoz de Lara, BAR International Series no. 1079 (Oxford, 2002) and
idem, ‘Unidades territoriales supralocales: una propuesta sobre los orígenes del señorío
de behetría’, in C. Estepa Díez and C. Jular Pérez-Alfaro (co-ord.), Los señoríos de
behetría (Madrid, 2001), 21–46; I. Martín Viso, Fragmentos del Leviatán. La articulación
política del espacio zamorano en la alta edad media (Zamora, 2002); S. Castellanos and
I. Martín Viso, ‘The local articulation of central power in the north of the Iberian
peninsula (500–1000)’, Early Medieval Europe, 13 (2005), 1–42, especially 21–41. For
a helpful survey in English see J. Escalona Monge, ‘Mapping scale change: hierarchization
and fission in Castilian rural communities during the tenth and eleventh centuries’, in
W. Davies, G. Halsall, A. J. Reynolds (eds.), People and Space in the Middle Ages,
300–1300 ( Turnhout, 2007), 143–66, at 143–49.
⁹² R. Menéndez Pidal, ‘Repoblación y tradición en la cuenca del Duero’, in M. Alvar,
A. Badía, R. de Balbín, L. F. Lindley Cintra (eds.), Enciclopedia Lingüística Hispánica,
2 vols. (Madrid, 1960–67), i. xxix-lvii; cf. Barbero y Vigil, Formación del feudalismo,
226–7, and cf. García de Cortázar, La sociedad rural, 21–2.
⁹³ Isla Frez, La alta edad media, 293–4; Larrea, La Navarre, 196, 589–91; Martín
Viso, Fragmentos del Leviatán, especially 43–59; peasant colonization with comital
control, Bonnassie, La Catalogne au tournant de l’an mil, 39–57.
30 Setting the Scene
⁹⁴ S340.
⁹⁵ K. Schmid, ‘Neue Quellen zum Verständnis des Adels im 10. Jahrhundert’,
Zeitschrift für die Geschichte des Oberrheins, 108 (1960), 185–232; idem (ed.), Die
Klostergemeinschaft von Fulda im früheren Mittelalter, 3 vols. (vol. 2 in 3 parts) (Munich,
Setting the Scene 31
1978); and the collection of his key papers in idem, Gebetsgedenken und adliges Selbst-
verständnis im Mittelalter (Sigmaringen, 1983). See Karl Leyser’s discussion, ‘The
German aristocracy from the ninth to the early twelfth century: a historical and cultural
sketch’, Past and Present, 41 (1968), 25–53, and his words of warning in K. J. Leyser,
Rule and Conflict in an Early Medieval Society (London, 1979), 50–1. Many of the
papers in Frühmittelalterliche Studien of the 1970s derive from the work of Schmid’s
team, members of which remain influential. G. Althoff, Adels- und Königsfamilien
im Spiegel ihrer Memorialüberlieferung: Studien zum Totengedenken der Billunger und
Ottonen (Munich, 1984); and O. G. Oexle (ed.), Memoria als Kultur (Göttingen, 1995)
represent important and influential developments within this tradition; for a survey
of developments, see M. Borgolte, ‘ ‘‘Memoria’’. Bilan intermédiaire d’un projet de
recherche sur le moyen âge’, in J.-C. Schmitt and O. G. Oexle (eds.), Les tendances
actuelles de l’histoire du moyen âge en France et en Allemagne (Paris, 2002), 53–69.
⁹⁶ The social range extends, however, in work such as M. Borgolte’s study of records
of donation pro anima, ‘Gedenkstiftungen in St. Galler Urkunden’, in K. Schmid and
J. Wollasch (eds.), Memoria. Der geschichtliche Zeugniswert des liturgischen Gedenkens im
Mittelalter (Munich, 1984), 578–602.
⁹⁷ The tradition goes back to P. Guilhiermoz, Essai sur l’origine de la noblesse en France
au moyen âge (Paris, 1902); more recently, G. Duby, La société aux XI e et XII e siècles
dans la région mâconnaise (Paris, 1953), is seminal, and most of his subsequent work
has relevance; cf. many of the papers collected in his Hommes et structures du moyen
âge. Recueil d’articles (Paris, 1973). The French historiography of féodalité has been very
influential in Spain; see above, pp. 27–8.
⁹⁸ S. D. White, Custom, Kinship and Gifts to Saints: The Laudatio Parentum in Western
France, 1050–1150 (Chapel Hill, 1988).
32 Setting the Scene
of such groups and the principles of inclusion within them. In the course
of this work he makes a valuable assessment of what giving for the sake of
the soul, pro anima mea or pro remedio animae N, might have meant in
practice:⁹⁹ in effect he explored some of the motivation that lay behind
giving, while at the same time emphasizing the significance of the
‘spiritual capital’ acquired by the act.¹⁰⁰ Drawing on the Münster and
French traditions, but also on the earlier, anthropologically influenced,
historiography of gift exchange, Barbara Rosenwein’s To Be the Neighbor
of St Peter focused on the exceptionally large collection of charters from
Cluny, in Burgundy, and investigated the transactional aspects of giving
within the context of local society.¹⁰¹ Giving did not mean disposing
of one’s goods and divesting oneself of assets; donors always got
something in return for their gifts, maybe a place in heaven but—more
immediately—access to a network of continuing relationships in life;
and their connections with the property they had donated were often
sustained.¹⁰² Richer peasants came into view in her study, along with
the complex of social relationships at local level, for donation was more
of a group than an individual activity and property was a kind of ‘social
glue’.¹⁰³ Both White’s and Rosenwein’s works, while obviously making
important contributions on the symbolic significance of donation, also
made a valuable point about the temporality of giving—phases of
giving rose and fell; there was no simple, steady, increase; there were
distinct periods in which donation to the church predominated over
other recorded transactions.
⁹⁹ There are important Spanish studies of donation pro anima: J. Orlandis, ‘ ‘‘Traditio
corporis et animae’’ ’, and also his ‘La elección de sepultura en la España medieval’, in
his La iglesia en la España visigotica y medieval (Pamplona, 1976 [first published 1950]),
257–306.
¹⁰⁰ White, Custom, Kinship, 152–4.
¹⁰¹ B. H. Rosenwein, To Be the Neighbor of Saint Peter: The Social Meaning of Cluny’s
Property, 909–1049 (Ithaca, 1989). For gift exchange, M. Mauss’s Essai sur le don (Paris,
1925) was the essential stimulus; its influence on early medievalists has been widespread
but the following papers have been particularly influential: P. Grierson, ‘Commerce in
the Dark Ages: a critique of the evidence’, Transactions of the Royal Historical Society,
5th ser., 9 (1959), 123–40, and W. Miller, ‘Gift, sale, payment, raid: case studies in
the negotiation and classification of exchange in medieval Iceland’, Speculum, 61 (1986),
18–50; cf. R. Le Jan, Femmes, pouvoir et société dans le haut moyen âge (Paris, 2001),
119–31.
¹⁰² Although it relates to a later period, R. Pastor, E. Pascua Echegaray, A. Rodríguez
López, P. Sánchez León, Transacciones sin mercado: instituciones, propiedad y redes sociales
en la Galicia monástica, 1200–1300 (Madrid, 1999), is a notable Spanish work which
has drawn on this tradition; available in English as Beyond the Market (Leiden, 2002).
¹⁰³ Rosenwein, To be the Neighbor, 202.
Setting the Scene 33
¹⁰⁴ P. J. Geary, Phantoms of Remembrance: Memory and Oblivion at the End of the
First Millennium (Princeton, 1994). Cf. Althoff, Adels- und Königsfamilien, especially,
on the liturgical commemoration of the high aristocracy in Germany; though focused
on eleventh to thirteenth centuries, M. Lauwers, La mémoire des ancêtres, le souci des
morts. Mort, rite et société au moyen âge (Paris, 1997) contains much pre-eleventh-century
material on liturgical commemoration in western Europe. Note the brief comments of
García de Cortázar, La sociedad rural, 43, on sustaining historic memory, and with that
family titles to property, by writing, in eleventh- and twelfth-century Spain.
¹⁰⁵ For royal women in Germany, the (French) work of P. Corbet, is crucial: Les
saints ottoniens. Sainteté dynastique, sainteté royale et sainteté feminine autour de l’an Mil
(Sigmaringen, 1986); see also, extending the discussion to include royal women in
France, M. Parisse (ed.), Veuves et veuvage dans le haut moyen âge (Paris, 1993), which
includes the Catalan paper by M. Aurell i Cardona, ‘Les avatars de la viduité princière:
Ermessende (ca. 975–1058), comtesse de Barcelone’, 201–32. Also R. Le Jan, Famille et
pouvoir dans le monde franc (VII e —Xe siècle). Essai d’anthropologie sociale (Paris, 1995),
passim but especially 54–7, 333–79; the latter’s themes are developed in Le Jan, Femmes,
pouvoir et société. M. del C. Pallares Méndez, Ilduara, una Aristócrata del Siglo X (La
Coruña, 1998), especially 125–34, deals with some relevant Spanish material, at comital
level, from Galicia.
¹⁰⁶ E. van Houts, Memory and Gender in Medieval Europe, 900–1200 (London,
1999); E. van Houts (ed.), Medieval Memories: Men, Women and the Past, 700–1300
(Harlow, 2001). See also the useful survey in J. L. Nelson, ‘Gender and genre in women
historians of the early middle ages’, in J. L. Nelson, The Frankish World, 750–900
(London, 1996), 183–97. Also, for more criticisms, B. Jussen, ‘Challenging the culture
of memoria. Dead men, oblivion, and the ‘‘Faithless Widow’’ in the middle ages’, in
G. Althoff, J. Fried, P. J. Geary (eds.), Medieval Concepts of the Past: Ritual, Memory,
Historiography (Cambridge, 2002), 215–31.
34 Setting the Scene
¹⁰⁷ G. Duby, Le chevalier, la femme et le prêtre. Le mariage dans la France féodale (Paris,
1981), 50; Duby’s point, commenting on the mid-ninth-century Manual of Dhuoda, was
actually about patrilineality: Dhuoda’s son must pray for her husband’s family, not her
own, he suggested. F. Bougard, C. La Rocca, R. Le Jan (eds.), Sauver son âme et se perpétuer.
Transmission du patrimoine et mémoire au haut moyen âge (Rome, 2005); this book
includes a valuable paper on family memory in Catalonia: Ll. To Figueras, ‘Fondations
monastiques et mémoire familiale en Catalogne (IXe -XIe siècle)’, ibid., 293–329.
¹⁰⁸ Ibid., 1–6. ¹⁰⁹ Ibid., 485–94.
Setting the Scene 35
Round about 956 the monk Odoíno ran off with a woman called
Onega, someone his mother had brought to their family monastery of
Santa Comba on the gentle banks of the River Limia in southern Galicia
(see Figs. 2.1, 2.2). This was but one colourful episode in Odoíno’s
more than usually colourful story, at least the way he told it himself.
Not long after, he was back at Santa Comba, only to be thrown out
when Onega accused him of plotting against Count Rodrigo in the
stormy days of the late 950s. The monastery was thereupon handed
over to a woman called Guntroda, in response to her request, but
a change of heart by the count—on his deathbed—allowed Odoíno
to recover it again. At that point Odoíno’s relative, Elvira, abbess
of the nearby San Martín of Grau, appeared on the scene and took
over Santa Comba by force (per vim), although by 982 Odoíno was
insisting that he had transferred ownership of Santa Comba from
himself to the much larger Galician monastery of Celanova, together
with liturgical vessels and vestments, appurtenant lands, a nearby farm,
and another church.¹
This very complicated story hangs on the ups and downs of family
interest. Odoíno had acquired Santa Comba from his father, Abbot
Vermudo, probably round about 930, and Vermudo in his turn had
got it from his own father, a deacon also called Odoíno. The first
Odoíno had received it, as a ruin, from his relative Count Odoario who,
according to tradition, had been given large tracts of land to ‘colonize’
in Portugal and Galicia by King Alfonso III of Asturias round about
872—one of the major stories of recent ‘repopulation’ that characterize
¹ Cel265; for Celanova, see above, p. 23. For a rather similar story, see Sob-
122 (960).
San Pedro and Santa Comba 37
² See above, pp. 26–9: we do not have to suppose that the land had been completely
deserted; rather that it changed hands and was put to new uses. For the story, cf.
38 San Pedro and Santa Comba
Santa Comba, which she refused to hand over to the monk Odoíno
when he took up his inheritance. She was eventually persuaded to do
so by Bishop Rosendo of Celanova, at the request of King Ramiro II,
to whom Odoíno had given very substantial gifts (mules, cloth, silver,
and 520 cattle), alongside his petition for a resolution of this dispute
with Guntroda. Although the dispute was apparently settled in favour
of Odoíno, she re-appeared in order to claim the monastery at the time
of his defection with Onega and clearly sustained an interest in it for
several decades.
We know this story from a very long and rambling account, sup-
posedly in the words of Odoíno, preserved in the Celanova archive.
Parts of this account are obscure but the chronology is credible and
fits with the broad picture of politics in north-west Spain that can be
derived from other sources. Whether we should believe all the detail
is another question but, whatever view we take on that, the story is a
very strong statement of sustained interest in the ownership of a small
religious house and its lands by a monk, his father, his grandfather,
and a relative of the latter; his mother and at least one other female
relative also demonstrated a sustained, indeed forceful, interest. As for
Guntroda: she was the daughter of Count Gutier’s sister and hence
the cousin of Bishop Rosendo (Gutier’s son); she was perhaps distantly
related to Odoíno himself.³ If we had her story, things might look
different: from her point of view, she may have attempted to sustain
regular life at Santa Comba across the middle years of the tenth century,
but have been constantly thwarted by the intrusions of the reckless
and disobedient Odoíno. Unfortunately we do not have her story, but
there is enough in Odoíno’s tale to see that control of religious hous-
es, as well as appurtenant property, could be hotly contested between
members of the Galician aristocracy in the tenth century. In this case,
physical possession of the casa (the religious house) features again and
again. That the conflicts were between aristocrats is evident from the
parts played by king and count, as also from the size of the associated
properties.
Although this is a more than usually detailed story, the case is
not unique. Hereditary interests stretching back to the time of Count
Odoario’s ‘colonization’ were still the basis of credible, and successful,
claims to property a century later. Only 25 km to the east of Santa
Comba, the ownership of the church of San Pedro de Laroá was
disputed between Brother Vimara and Count Menindo Gundisalviz
shortly before 1054 (see Fig. 2.3). Eventually Vimara, together with
twelve suitable witnesses, as directed by the judges of a local court,
swore an oath that his ancestors had rebuilt the ruined church and
that their children and grandchildren had endowed it, around 900,
with 20 metres of land all round the church, for the purposes of
burial, and a further 120 metres all round to generate income for the
clerics resident there.⁴ This oath was successful and Vimara’s claim was
⁴ Cel267, Cel271 (909)—a highly suspect document; see Isla Frez, Sociedad gallega,
98. Strictly, 12 and 72 passus respectively all round the church, where a passus was a
notional five Roman feet, and a Roman foot conventionally 33 cm. For the 72 passus,
40 San Pedro and Santa Comba
see also, for example, Sam99 (?854), Sam226 (947); cf. Portugaliae Monumenta Historica
a saeculo octavo post Christum usque ad quintum decimum, 3, Diplomata et Chartae, ed.
A. Herculano de Carvalho e Araujo and J. J. da Silva Mendes Leal, vol. 1 (Lisbon, 1868),
LIV (944), LXIII (951).
⁵ See also Cel139 (1025–40), Cel272 (993), Cel270 (1045), Cel299 (1046).
⁶ Cel269 (1106). ⁷ See above, p. 23, for Sahagún.
San Pedro and Santa Comba 41
⁸ S276, S77 (941), S126 (950–67), S246 (967), S270 (973). ⁹ Ov24.
¹⁰ See above, pp. 22–5, for transaction numbers. Transactions in farms and estates
with names like ‘Villa Sant N’, a characteristically Galician formulation, probably
involved the transfer of churches too, which would increase the proportion, although
they are not specified in the texts; for example, Cel33 (936) ‘villare de Sancto Martino’,
Cel418 (941) ‘villa de Sancto Petro’, Cel357 (949) and Cel529 (953), both ‘villa de
Sancta Eolalia’.
42 San Pedro and Santa Comba
Table 2.1 Transactions in churches and monasteries, in ninth and tenth
centuries, by number, by source collection, per decade
% of total
transactions
Cel Sob Sam L OD S C SM Ar A V T Ov per decade
9th Century 5 0 3 3 0 0 0 11 0 0 3 5 0 30
900–09 0 0 1 3 0 0 0 0 0 0 0 0 0 15
910–19 0 0 0 6 0 0 2 1 0 0 0 0 0 18
920–29 5 0 1 1 0 6 1 0 0 0 0 0 0 19
930–39 7 1 1 2 0 1 1 2 2 0 0 0 0 11
940–49 6 0 2 8 0 4 19 12 0 0 3 2 1 27
950–59 7 3 1 3 0 5 10 12 0 1 0 0 0 13
960–69 1 5 1 3 0 3 12 2 0 0 0 1 0 10
970–79 0 0 3 4 0 2 4 1 1 0 0 0 0 9
980–89 3 0 3 3 1 1 1 0 0 0 0 1 0 7
990–99 4 2 2 4 0 1 1 2 0 0 0 1 1 14
% of 9th- and 10th-
century
transactions 16 8 28 7 2 5 25 31 12 4 14 13 8 13
kind that were made in that decade, way above the 13% mean (see
table 2.1). Transactions in churches were a little above the 13% mean in
the 910s and 920s, while those in the 960s, 970s, and 980s were a little
below; the 940s, for whatever reason, saw an increase in the transfer of
ownership of churches and monasteries.
There appear to be no especial regional differences in the chronology
of these transactions. There is, however, a marked difference in the
regional incidence of church transactions. The very large collection of
Sahagún charters includes an exceptionally low proportion (5%, against
the mean of 13%), and the proportion of León records is also well below
the mean (7%). Proportions of church transactions in Cardeña, San
Millán, and Samos collections are all well above the mean (25%, 31%,
and 28% respectively).¹¹ These deviations are so striking that they are
likely to be significant, and will be explored below.¹²
Just as important as the fact of regional difference is the fact that
virtually every collection of tenth-century charters across northern Spain,
large or small, includes records of transactions in which non-royal, as well
as royal, families are seen to be controlling churches and monasteries:
¹¹ See above, pp. 23–5, for these monasteries. ¹² See further below, p. 63.
San Pedro and Santa Comba 43
they founded them, they also dealt in them, in entirety and in portions,
and they argued about rights of control. Family control is evident from
as early as surviving records begin, and the implications are that it was
no new thing then.¹³ Already in 829, in the mountains of Cantabria
in the far north, a father and son transferred a monastery they owned:
Valeriano and his father Teodario gave their monastery of San Salvador
at Osina (off the gorge that leads into the Liébana valley) to the abbot and
monks of Villeña, high on the hillsides of the Liébana (see Fig. 2.4).¹⁴
The narratives of other charters locate similar transactions in the 840s,
870s, and maybe 880s, in the different regions of Galicia and Castile;
some of these are suspect records, but it is nevertheless significant that
the writers chose to record such dealings as family dealings and to place
them in the mid- and later ninth century.¹⁵ Christian culture of the
T H E C H U RC H : S T RU C T U R E A N D AU T H O R I T Y
¹⁶ Cel478, Cel460, Sam61 (cf. the disputes over control noted in Sam44 (975),
Sob109 (986–99), Sob130 (992)), Cel487 (983)).
¹⁷ C35 (941), Li192, C90, Lii451 (977); cf. Lii330 (960), Lii432 (974).
¹⁸ C65.
San Pedro and Santa Comba 45
exclusive territory and with a parish priest to care for the souls of residents
and to provide sacraments like the important rites of baptism and burial.
Indeed, it looks as if it was the twelfth century before such a system
began to be put in place.¹⁹ There seem, however, to have been plenty
of churches and monasteries—quite a variety of religious institutions,
as well as a large number. There were bishops too, about a dozen in the
kingdom of Asturias/León by 900.²⁰ In these texts bishops usually appear
as authority figures; we can see them consecrating new foundations and
occasionally taking disciplinary action, as Bishop Sisnando did when he
confiscated property from a monk who had committed sexual offences.²¹
With an urban or proto-urban base, these were men who consorted with
kings and attended high-level political meetings, men with substantial
personal property interests, men who disposed of churches to this or
that incumbent.²² However, the extent to which the appointments
they made arose from their episcopal responsibilities rather than from
their personal property interests is extremely unclear.²³ When Adosinda
founded the church of San Pedro (Sorga), she explicitly put it under
the control of the bishop, so that, whatever priest or deacon should
follow the holy life there, he should acknowledge that it was the bishop’s
place.²⁴ The block of churches that Bishop Froilán assigned to Sahagún’s
character. The major house of Cardeña had 204 monks named in 921,
while the less substantial local monasteries of San Martín of Modúbar
had 33 cited in 975 and that of Piasca in Cantabria had 36 nuns and an
abbess in 941;³¹ one would expect a structured day at such institutions.
However, very much smaller numbers are also often encountered: that
of Santa Olalla de Airas had eleven in 976 (two priests, two brothers,
five sisters, an abbot, and an abbess); that at Santa Columba (Melgar)
had twelve, and that at San Sebastián y Santa Gadea had six.³² The
word monasterium encompasses many different kinds of institution,
from large and regular to small and informal, from the property-owning
corporation to the family enterprise. Indeed, lay religious households,
often headed by a confessus, must have been very difficult to differentiate
from a small monastery.³³ For that matter, the extent to which the
small monastery was actually any different from a ‘church’ is extremely
uncertain—a point reinforced by the facts that the same foundation
may sometimes be called a church and sometimes a monastery and that
some (although not necessarily all) ‘churches’ appear to have had small
resident communities.³⁴ The church at Limanes, discussed above, was
explicitly to pass to someone who ‘followed the monastic life’.³⁵
The other side of the problem of differentiating ‘church’ from
‘monastery’ is the problem of establishing the extent to which a
³⁶ For examples: A19 (950); Li88 (930); SM52 (949); Cel222 (954), Sob8 (964),
S350 (996).
San Pedro and Santa Comba 49
C H A N G I N G R E L AT I O N S H I P S
1994), 123, points out that it is very unclear if parish priests in France said prayers for
the dead before the late eleventh century.
⁴² Cel247, for example. ⁴³ Cel208 (842), Cel271 (879), Ov11.
San Pedro and Santa Comba 51
Ermegildo and Eldonza in Galicia must have been established in the 950s
or 960s.⁴⁴ People were still founding family churches and monasteries
until mid-century (or at least we can still see them doing so); after the
950s, records of such foundations disappear. While there may of course
be unrecorded cases, it looks as if families stopped expressing religious
commitment in this way in the middle of the century. As we shall see,
they were more likely to express it by making a donation to an existing
major church or monastery.⁴⁵
Although there is a certain amount of information about the found-
ing of churches and about dealing in them, in fact most records of
transactions in family churches and monasteries are records of their
alienation from the family. Although lay ownership of churches con-
tinued throughout the tenth century into the eleventh and beyond,
from the 950s there was also a clear tendency for lay families to resign
their interests, although they may well have tried to reinforce their own
memorialization in the act of so doing, rather than abandon it.⁴⁶ Again
and again, a married couple or siblings or a mother and son give away
their church, or their villa with its church. Although there are records of
lay and ecclesiastical families dealing in churches and monasteries right
through the tenth century, what we hear about most is the donation of
churches and monasteries to the greater churches or monasteries. For
example, to take the decade of the 950s, San Millán records include
that of two brothers and their mother giving their church to a local
monastery, that of a married couple giving their church to the same
monastery, and that of two siblings and a cousin giving their church
to San Millán itself; Celanova records have a couple and their children
giving their villa and its church to Celanova, as did a family group of six;
Cardeña records have a man giving the inheritance that he acquired with
his sister, including a church, to Cardeña, as did a married couple and
a pair of sisters; Sahagún records have a woman giving her monastery
to Sahagún itself, as did a high aristocrat, and a couple of (related)
deacons who gave villas and associated churches; Sobrado records have
a couple making the key gift of the church and appurtenant property
CORPUS ET ANIMA
Many of the family churches and monasteries that went out of private
possession, then, were transferred by priests. It is interesting that a
⁴⁷ SM57 (950), SM70 (956), SM79 (959), Cel497 (950), Cel489 (953), C71/77
(950), C74 (950), C86 (954), S126 (950–67), S145 (955), S165 (959), Sob1 (952).
⁴⁸ See above, p. 49; C45, C87 (955), C89 (956), C108 (963); see also below, p. 204.
Castellanos and Martín Viso, ‘The local articulation of central power’, 41, argue that
many monasteries may have had pre-tenth-century peasant community origins.
⁴⁹ See further below, pp. 201–2. Note, however, that—both before 931 and in the
period 926–1100—J. A. García de Cortázar y Ruiz de Aguirre, El dominio del monasterio
de San Millán de la Cogolla (siglos X a XIII) (Salamanca, 1969), 83–4, identified more peas-
ant than noble proprietors transferring churches to monasteries other than San Millán.
San Pedro and Santa Comba 53
⁵⁰ C48; see above, p. xvi, for a warning that one should not expect classical Latin
grammar in these texts.
⁵¹ C49.
⁵² Susan Wood advises me that tradere seipsum does indeed often imply entry to
a monastic community in Bavaria and Italy in the eighth and ninth centuries (pers.
comm.); cf. Wood, Proprietary Church, 643 n.33, 670 n.68, 758 n.28.
⁵³ J. Orlandis, ‘ ‘‘Traditio corporis et animae’’. Laicos y monasterios en la alta
edad media española’, in J. Orlandis, Estudios sobre instituciones monásticas medievales
(Pamplona, 1971), 217–378, at 254–63 and 309–38 especially. Cf. S. Moreta Velayos,
El monasterio de San Pedro de Cardeña. Historia de un dominio monástico castellano
(902–1338) (Salamanca, 1971), 102–4.
54 San Pedro and Santa Comba
⁵⁴ Orlandis, ‘ ‘‘Traditio corporis et animae’’ ’, 220–1, cf. 263–8; see above, pp. 30–1
for German spiritual networks, and below, pp. 107–8, 177–8 for lay commitment.
⁵⁵ V25, A19, A21, Ar8, Ar9, Ar21, Ar23, Ar24, T76, but cf. also Portugaliae
Monumenta Historica, XXIII (919); Moreta Velayos, El monasterio de San Pedro de
Cardeña, 102, counted forty-seven Cardeña instances in the tenth century. The verb is
usually trado; very occasionally one finds offero (e.g. C162) or commendo (e.g. C117).
Further, arguable, cases are Sam210, of 907, from Samos in Galicia, which has the corpus
element only; and SM79, of 959, from San Millán, which has the anima element only.
⁵⁶ For example, C80 and C84, within a run of 950s charters using corpus et anima.
⁵⁷ Cf. also the doubtful charter Ov1, of 781, which has anachronistic insertions.
⁵⁸ Priests: C117 (964) and Cel442 (826); bishop: V18 (945), V33 (929–57), V34
(957).
San Pedro and Santa Comba 55
(just south of León) some lands and vineyards on behalf of her two
sons within that monastery.⁶³ The first three of these records use
person-donation formulas (i.e. corpus et anima or trado me); the latter
does not.
Most of the cases cited above use person-donation formulas in
sufficient numbers to demonstrate that they were clearly considered
appropriate for recording gifts made on entry to a monastic community.
However, it is equally clear that some such gifts were made that were
not recorded in this particular way. In 950 a couple gave their only son
to the monastery of Buezo, with a generous endowment; a priest gave
his entire property to a León monastery in 954 in order that he might
live there; a man called Airico provided for all his property to go to
Abellar if he entered that monastery—the point is nicely made.⁶⁴ Small
monasteries handed themselves over to larger monasteries too, without
using the formulas: Abbot Crescencio made arrangements in 947 to
give the brothers of the church of San Pedro and San Clemente, and
all their property, whether real estate or chattels, to Cardeña, although
this was to be after his own death; and the six monks of San Sebastián
y Santa Gadea gave themselves and all their goods to the monastery of
Santiago de Valdávida in 970.⁶⁵ It was not deemed essential to specify
gift of self, body, or soul in such cases, particularly in areas outside
Castile.
By contrast, completely different contexts for the use of person-
donation formulas are also apparent. Grants recorded in this way did
not necessarily involve the gift of churches; in fact, a greater number
(more than twice as many) records the transfer of other kinds of
property. Such gifts were made in order to ensure that prayers were
said for the donor or to ensure the burial of women and men at the
monastery—the body literally placed there by others.⁶⁶ Or they were
made in order to ensure practical support of some kind, like care in
old age or in widowhood.⁶⁷ Rather more comparably to the Orlandis
model, some cases seem to reflect the commitment of the laity—those
who continued as laity—to local monasteries. A family, based in Melgar
and Gordaliza (south of León), made grants and agreed to serve the
bishop of León, as their parents had done (see Fig. 2.3); a series of people
⁶⁸ Lii443 (976); T51–T55, T58, and perhaps T70 (964) and T71 (966); V35, V39.
⁶⁹ Lii293, Lii328, Lii326.
⁷⁰ Cf., without the formulas, Sam170 (930), in which the heirs transfer to an
alternative patronage, or S78 (941) on the extensive patronage of a church given to
two brothers; see further below, pp. 128–30, 149–54 for systematic discussion of these
relationships. For extensive treatment of comparable rural patronage systems in ninth-,
tenth-, and eleventh-century Italy, and of the way monastic patronage might ‘structure’
local relationships, see Wickham, The Mountains and the City, especially chapters 2,
7, 9; cf. also, in a study more focused on the monastery, B. H. Rosenwein, To Be
the Neighbor of Saint Peter: The Social Meaning of Cluny’s Property, 909–1049 (Ithaca,
1989), especially ch. 2, on ‘building family associations’.
⁷¹ Tiny proportions from most of the other collections, because these texts are much
more likely to specify service or patronage, or because, as in the case of San Millán,
donors tended to be priests or abbots, not small-scale laity.
San Pedro and Santa Comba 59
the river Arlanzón, a quarter of a mill, and a garden; a man gives half
a field, half a vineyard, and a garden; another couple gives nine fields,
two gardens, and some buildings; two women give vineyards; another
couple gives animals; a man gives a cow, a calf, a goat, and six sacks of
grain; a woman gives a field, two vineyards, and a weir, and so on.⁷⁵
These are small-scale, local, patronage networks, networks that are to
do with the relationship between churches and peasants. The donors are
certainly above subsistence level and have some means, but they are not
wealthy people and they are certainly not aristocrats, a subject to which
I will return in a later context.⁷⁶
⁷⁵ C24 (932), C75 (950), C83 (953), Lii328 (960), V33 (929–57), T58 (961), V39
(967), SM102 (991).
⁷⁶ See further below, p. 207–13 for peasants; and for clientship, pp. 128–9, 160–3.
San Pedro and Santa Comba 61
But there are also different threads here. Priestly donations of churches
to monasteries, particularly those made by priests in the Cardeña orbit,
were more likely to be recorded by use of the corpus et anima formula
than other formulas: using this formula, there are at least twenty-
two cases of the absorption by Cardeña of churches and monasteries
donated by priests and abbots in the period 917–81, particularly in
mid-century.⁷⁷ The principal mechanism used seems to have been that
of the priest or abbot formally joining the larger community. Something
of the same process is also apparent for other powerful foundations:
using these formulas, the church of San Pelayo at Desojo and that of
San Bartolomé of Vartical went to San Millán in the 950s; the house
of San Vicente went to Albelda in 950; a small monastery in Melgar
was given by its members to Sahagún in 973; and there were donations
of churches by priests and monks to Valpuesta, Sobrado, and Celanova
between 945 and 985.⁷⁸ The formulas are a useful pointer to the fact
that private churches and small monasteries were not simply being
alienated by their private owners but were being absorbed by the larger
monasteries during the tenth century.
P RO P R I E TA RY P O L I C I E S
⁷⁷ See also Moreta Velayos, El monasterio de San Pedro de Cardeña, 46–9, who counted
twenty-four churches and eight monasteries absorbed in the period 935–95—regardless
of formulas. Cf. other monasteries which absorbed churches in the same part of Castile:
Santa María at Rezmondo benefiting from two such grants in the late 960s; and
monasteries at Taranco, Mardones, and Henestra as similar beneficiaries in the San
Millán collection; C134, C139, (SM2, SM3, SM5—all ninth-century), SM18 (912),
SM52 (949), SM83 (959), SM113 (997).
⁷⁸ SM66, SM79, A19, S270, V18, Sob8, Cel558, Cel265; cf. T76; priests gave
themselves and their property to Arlanza in 982 but no churches are specified, Ar23,
Ar24. See above, pp. 40–1, for the Melgar case. See García de Cortázar, El dominio de
San Millán, 107–11.
⁷⁹ See F. Bougard, C. La Rocca, R. Le Jan (eds.), Sauver son âme et se perpétuer.
Transmission du patrimoine et mémoire au haut moyen âge. Collection de l’école française
de Rome, 351 (Rome, 2005), passim, and above, p. 34.
62 San Pedro and Santa Comba
more than 160 sesters of wine.⁸⁴ At the time this growth of monas-
tic federations may have presented an even greater challenge to local
bishops.
These proprietary trends were widespread and occurred on relatively
modest as well as grander scales. The disproportionately large number of
transactions in churches that are recorded for the 940s is, however, very
striking.⁸⁵ Most of these (91%) transferred ownership of the church or
monastery from lay or ecclesiastical owner to a monastery, large or small.
(Two of the other cases involved disputes over control of churches with
monasteries—which makes a complementary point.⁸⁶) There seem to be
deep, underlying trends here, towards the accumulation of ecclesiastical
institutions by monasteries, for the pattern is as characteristic of Galicia
as of Castile, and of Cantabria as of the western meseta, and applies
almost as often to minor monasteries as to the great monastic houses.
However, as we have seen, some tenth-century monastic collections
include a very high proportion of church transactions, while others have
far fewer. The unusually high commitment of Samos, Cardeña, and
San Millán archives to recording their acquisition of churches and small
monasteries in the mid- and later tenth century suggests that some of
their abbots had a particular interest in encouraging the donation of
churches at this time; if not, one would expect similar proportions in
the contemporary records of nearby houses. We have already noted the
actions of Abbot Esteban I at Cardeña, Abbot Opila at Turieno, and
Bishop Diego at Valpuesta in mid-century; some individual abbots seem
to have pursued proprietary policies with particular vigour, developing
the local peasant clienteles at the same time as building up the networks
of dependent churches. If we might savour a Braudelian moment,
there is an extremely interesting complementarity here between the
underlying trend and the vigorous actions of some individuals in favour
of a few institutions.
All of this may seem to fall within the restricted province of purely
religious history. It is of course of great importance that certain monastic
institutions were developing a particularly entrepreneurial spirit in the
second half of the tenth century, not simply in relation to landed
resources but in relation to ecclesiastical property in the widest sense;
⁸⁴ Cel353 (999); Gaudinas and his cousin had previously sold this villa to Celanova,
Cel354 (989).
⁸⁵ See above, pp. 41–2, for proportions.
⁸⁶ The remaining cases in the 9% are gifts, respectively, to a priest and a deacon, S78
(941), Sam78 (948).
64 San Pedro and Santa Comba
and that the most successful of them were rivals for bishops. However,
the development is of yet more significance than that, because the
growth of extremely powerful religious property-holding communities
forms the backdrop to local society and local politics throughout the
tenth century.
3
Dividing and Sharing Property
FA M I LY I N T E R E S TS
¹ S18, SM20, Cel494 (935), Li183 (944), C207 (congermani, that is, descended from
the same ancestors; cf. modern Spanish primo hermano, first cousin).
66 Dividing and Sharing Property
had inherited from his parents, which was reserved for his sisters and
cousins. And in 986 four relations of a married couple, four children of
different parents (called propingus et sobrinus [sic]), confirmed a grant of
land on the river Esla to the nunnery of Santa Marina; this grant, which
had been made by the couple ten years earlier, comprised a villa with
substantial, scattered, appurtenances to the west and south.² Clearly
brothers, sisters, cousins, uncles, and aunts—and both small-scale and
great proprietors—could sustain shared interests in property and knew
very well that they did so.³
The control and transmission of property in these Spanish societies
raises some difficult questions. However, there were notional rules
about it, derived from sixth- and seventh-century Visigothic law, and
these rules are occasionally alluded to in charter texts.⁴ Clearly some
literate people maintained a sense of ancient legislation governing
these matters, and indeed knowledge of precise texts, but it would be
unreasonable to suppose that all proprietors (or even all record-makers)
did so; in any case, practice in the tenth century clearly deviated from
Visigothic prescription in many respects. In what follows, my intention
is to indicate actual practice, in so far as it can be deduced from
charter texts.
Whatever the notional rules, customary practice in these societies
clearly respected two main principles: first, landed property rights
normally passed from parents to children, male and female, peasant
and aristocrat;⁵ second, especially among aristocrats, husbands often
made additional provision for their wives. Hence, there are many
examples of portions reserved from the paternal inheritance for both
sons and daughters, as they also were from common marital property;
children of both sexes inherited from their mothers, who clearly in
some circumstances could have much more than a life interest in landed
² V26; Lii283 (millrace: recum de molino); Sob7 (961, suprinos); OD26 and OD21.
‘Villa’ can signify farm, estate, a smaller unit of property, settlement; see below,
pp. 196–7.
³ See E. Montanos Ferrin, La familia en la alta edad media española (Pamplona, 1980),
especially 161–300, in a study covering eighth to thirteenth centuries, on the exercise of
property rights by family groups and on the relative importance of different members of
the family; action by parents and children is strongly emphasized.
⁴ S190 (961), Sam132 (978), Cel375 (997), for example.
⁵ Cf. the comments of M. I. Loring García, ‘Sistemas de parentesco y estructuras
familiares en la edad media’, in J. I. de la Iglesia Duarte (ed.), La familia en la edad media.
XI semana de estudios medievales. Nájera, del 31 de julio al 4 de agosto de 2000 (Logroño,
2001), 13–38, at 35.
Dividing and Sharing Property 67
property; and children might act as executors for their father’s property.⁶
The marriage settlements of which we have detail, conveyed by husbands
to wives, included extensive landed property, as well as slaves and stock.
Count Gutier’s gift to his wife Ilduara included a long list of villas,
while Gonzalo’s gift to Elvira included lands and houses in at least eight
different locations.⁷
Family interest in property rights is common enough in western
European medieval societies, involving wider or narrower circles of
relatives; such interest most obviously came into play at the point
of property transfer, whether by lifetime gift, sale, or exchange, or
by inheritance at death. In this northern Spain was no different, but
Spanish texts are unusual in also frequently invoking the concept of
ownership ‘in common’, especially by the descendants of a common
grandfather (‘in common’ here refers to joint ownership of a delimited
plot or plots and not the very different case of common pasture rights
or common wood-collecting rights⁸). Property could be owned in
common by siblings, and by cousins, and the sharing could extend to
the offspring of siblings.⁹ Common ownership of this type seems to
have been more than the complex of family interests in the transmission
of heritable land, such as found in many societies, for it is described
in specific and distinctive terms; it seems to have been a special
category of ownership, found earlier and later, from north to south
and east to west.¹⁰ Hence, we find that in 943 Felix sold land to
⁶ Paternal inheritance: Sob59 (920), Cel498 (927), SM64 (952), Lii323 (959),
Sam S-3 (961), Ov24 (990), for example; common property: Cel169 (962); maternal
inheritance: Sob66 (917), Ov5 (917), Li225 (950), Lii282 (954), Cel440 (958), Cel492
(988); executors: Lii473 (980). A mother’s heritable property was not the same as the life
interest a widow might exercise in respect of her husband’s heritable property, for which
she held, as it were, a kind of guardianship on behalf of her children; see further below,
p. 73.
⁷ Cel576 (916), S207 (962); cf. Cel577 (926), Cel75 (955), Ov18 (974), Sam239
(985); cf. also Sam198 (1013), in which a gift pro nuptiis had to be renegotiated when
Guntroda left her husband for a life of confession and he took a new wife. For these
arrangements, see further below, pp. 168–9. Although Gunterigo’s gift to another
Guntroda (Cel577) reflects the provisions of Visigothic law in a remarkable way (Forum
Iudicum III.i.6), marriage settlements were clearly much more varied than allowed for
by the ancient law. Eleventh- and twelfth-century material provides more detail; see
M. A. Bermejo Castrillo, ‘Transferencias patrimoniales entre los cónyuges por razón del
matrimonio en el derecho medieval castellano’, in de la Iglesia Duarte (ed.), La familia
en la edad media, 93–150, especially at 112–28.
⁸ As in SM39, SM40. ⁹ Cf. Forum Iudicum IV.ii, on the rights of collaterals.
¹⁰ The fact that common property existed is a point made many times in the scholarly
literature; see, for example, F. de Arvizu y Galarraga, La disposición ‘mortis causa’ en el
68 Dividing and Sharing Property
the monastery of Abellar that had come from his aunt Ponia, in a
place where he had property in common (abemus comune) with his
cousins.¹¹ At a much earlier date, in the far north, in the Liébana, the
brothers Pepino and Petrunio gave a married couple half an orchard
in Argüebanes which they had in common (abemus comune) with one
Monesto. In Castile, in 966, Alvaro sold Munnio the vineyard he
had in common with him in Pobajas (quem abeo tecum comune); and
earlier another Munnio sold Anderquina half the vineyard in Rama he
owned in common with his cousin (abeo comune cum meo coiermano).
On the meseta, in 957, a man called Godesteo gave Abbot Julián
of Santos Justo y Pastor half of the three vineyards in Matadeón
he owned (cummune) with his brother, further land in Oteros, and
a quarter of the chattels which he had in common (abeo comune)
with his wife and mother-in-law. Over forty years later, two brothers
did a deal with the priest Bellite by which the priest was given half
of the farm which was the brothers’ inheritance in Matarromarigo,
except for two pieces of land which they had in common (comunes)
with their cousins, while the brothers got a shroud for their mother,
another farm with two houses, and a vineyard.¹² Owning in common
could also extend to include religious bodies, whether for reasons
of family connection or otherwise: in 958 Egika and his wife sold
the monastery of Sobrado their portion of a vineyard they owned in
common (habebamus communiter) with the monastery; a few years later,
Deutio gave Abbot Opila and San Martín of Turieno the vineyards
he had in common with the church of San Pedro of Viñon (abuit
comunes).¹³ It is quite clear from these examples that family members
derecho español de la alta edad media (Pamplona, 1977), 57; and more recently, M. A.
Bermejo Castrillo, Parentesco, matrimonio, propiedad y herencia en la Castilla altomedieval
(Madrid, 1996), 321–402.
¹¹ Li167; cf. Cel65 (957), Sam32 (962), Lii439 (975), Cel462 (985), Ov24 (990).
¹² T13 (875); V38; C29 (937); Lii304; Liii585 (999). See, with reference to
the early part of our period, G. Martínez Díez, ‘Las instituciones del reino astur
a través de los diplomas (718–910)’, Anuario de Historia del Derecho Español, 35
(1965), 59–167, at 115–19 (also noting co-litigants); and, largely with reference
to Cantabria, M. I. Loring García, ‘Dominios monásticos y parentelas en la Castil-
la altomedieval: el origen del derecho de retorno y su evolución’, in R. Pastor
(ed.), Relaciones de poder, de producción y parentesco en la edad media y moderna
(Madrid, 1990), 13–49, who deals with ‘collective’ property, and its division (18–22),
but does not differentiate between heritable family property and that in common
ownership.
¹³ Sob56; T61 (962—see above, p. 58); on sharing with monasteries, see further
below, pp. 80–4.
Dividing and Sharing Property 69
differentiated the parts they owned in common from the parts in which
they had a simple family interest. We therefore need to think of family
land in two categories, even if in practice the categories sometimes
overlapped: that which was formally in common ownership and that
which was not, though nevertheless subject to family involvement
at the point of transmission.¹⁴ Whether or not common ownership
involved common exploitation, we do not know, but it is possible,
as it is also possible (indeed, perhaps likely) that it involved sharing
produce; that is less likely with other family land, in which the family
interest was in practice concerned with its heritability rather than its
day-to-day management.
The fact that there were shared, common, interests in land did
not prevent division of common property. We should not think
of it as an unchanging constant. The cases cited above show that
parties could split their common properties and give away or sell
parts of them; they also show that one individual, like Godesteo,
could have shares in different sets of common property as well as
have other heritable property. Alvaro’s and Egika’s cases also clear-
ly demonstrate that one party to common ownership might buy
out another’s interest. Individuals, even at a relatively low econom-
ic scale, could have a complex of different kinds of interest in landed
property.
Just as common property could be split, so could packages of
heritable land: we can see the deliberate division of great estates in
their transmission from generation to generation. Bishop Rosendo
divided the huge estates of his parents, Gutier and Ilduara, with his
two brothers and two sisters in 934, assigning the different portions
in great detail. Rosendo himself benefited twenty years later when one
Gundulf, on his deathbed, split his estate in four—between his wife,
his niece, Rosendo, and the church of San Salvador and Santa Cruz
of Portomarín.¹⁵ The first is an exceptional but unambiguous case of
a five-way split of an inheritance between extremely wealthy siblings,
but there are dozens of other cases of siblings agreeing on the division
¹⁴ Compare, for example, landholding in Egypt in the second and third centuries
, where land was both owned (and worked) jointly and also ‘divided’ between heirs,
at all social levels; J. Rowlandson, Landowners and Tenants in Roman Egypt: The Social
Relations of Agriculture in the Oxyrhynchite Nome (Oxford, 1996), especially 172–5. I am
indebted to Riet van Bremen for this reference.
¹⁵ Cel478, Cel75 (955). For other examples of formal division (the colmellum
divisionis), see Sob63 (877), Sob2/4/5 (955–66), Sam23 (982).
70 Dividing and Sharing Property
¹⁶ For example, Cel71 (916), Cel7 (950), SamS-3 (961), Lii444 (976). Note that,
in this respect, aristocratic and peasant practice seem to have been essentially the same,
even when aristocrats had power over the people on their lands, as some clearly did; large
estates with dependents could be divided, just as small plots of arable could (S328 (985),
for example). For tenants and dependents, see above pp. 17–21.
¹⁷ Li194; Li187 (944).
¹⁸ C1 (899), Li97 (933), Sam226 (947); cf. S1 (857), S206 (962).
¹⁹ Lii324; Liii571 (995). ²⁰ Li181, Lii327. ²¹ Cel506 (955).
Dividing and Sharing Property 71
FREEDOM OF DISPOSITION
monastery was to have half; Count Rodrigo and his wife provided for
extensive gifts to Sobrado, in Galicia, unless they were to have children,
in which case churches and the poor were to get a fifth; Menendo Díaz
did likewise for Samos, also in Galicia, the monastery only receiving
a fifth in the event of offspring; comparably, Cida Aion gave away all
her property, apart from that which was her husband’s, since the latter
portion was destined for her children; while a woman called Jimena
cut her son’s wife out of his inheritance but not their son.²⁵ The
same certainty that children should expect to inherit is indicated when
childlessness was the explicit reason for giving: Leticia gave because she
and her husband had no children; Elarino and his wife Gundilo reached
old age without children, and gave; Eulalia gave because her children
were dead.²⁶ Associating children with their parents’ alienations, as also
happened frequently, makes the same point in a different way: the
children could be presumed to have resigned their interests by joining
in making the gift.²⁷ Limiting—to her own lifetime—the interest a
widow might enjoy in respect of her husband’s inheritance makes the
point in yet another way.²⁸
Despite all those normal expectations, in some cases the inheritance
was nevertheless diverted from children. It was not just that families
divided common property. People sometimes gave away land from their
paternal inheritance, without reservations in favour of children who
might yet be born; people also made gifts that established a life interest
for siblings or cousins, in effect reducing their capacity to pass on
inherited land to their own heirs; and both women and men sold from
maternal and paternal inheritances.²⁹ The very fact that some fathers
chose to pass inherited property to their sons by written gift, sale, or
profiliation (a kind of adoption, in this case literally taking on the son as
son) emphasizes that some people were aware that normal rules might
²⁵ Lii303 (956), Sob4 (959—see below, pp. 76–8, for the fifth), Sam175 (973),
Liii561 (994—see further below for this case p. 184), S342 (989); cf. Cel75 (955).
²⁶ Li73 (927), Sam119 (931), Li230 (950); cf. Sob122, referring to the generation
previous to 960, Sob4 (959), A27 (978). Gifts could also be made to lay parties because
of childlessness, as in Cel228 (936).
²⁷ Li195 (947), Lii351 (961), Ov22 (980), SM112 (?997), Liii585 (999), for example;
in an alternative version of this kind of transaction, it was the children who made a gift,
reserving the larger portion of the transfer until after their mother’s death, C116 (964).
²⁸ Lii399 (966) is a clear case.
²⁹ Lii304 (957); Li83 (929), Li106 (936), Li251 (952), Lii288 (955); sales from
maternal inheritance: Sob73 (883), Ov5 (917), Cel440 (958), Lii431 (974), S330 (986);
sales from paternal inheritance: Li15 (904), Sob59 (920), Li100 (934), S103 (945), OD9
(950), S195 (961), Cel377 (996).
74 Dividing and Sharing Property
³⁰ Sam61 (976), Lii316 (959), Lii488 (944–82), for example. See further below,
p. 84, for profiliation.
³¹ C192 (984).
³² Arvizu y Galarraga, La disposición ‘mortis causa’, 155–62; cf. 351–6.
³³ Priests, for example, Li121 (937), Lii279 (954); with relations associated Liii514
(986).
³⁴ For example, nephews: Lii332 (960); care: Li222 (950—see further below, pp. 139,
151–3.
³⁵ E.g. Li83 (929).
Dividing and Sharing Property 75
F R AC T I O N S
all, plenty of gifts of part properties were made before the 940s. The
likelihood is reinforced by the fact that a very high proportion of the ben-
eficiaries of transactions in fifths were large monasteries—approximately
75%; this is higher than the monastic proportion of beneficiaries of
all transactions, and significantly higher than the proportion of large
monasteries that were beneficiaries of all transactions. Donors and ven-
dors of fifths, by contrast, were of very mixed status—often aristocrats,
often peasants, sometimes priests or bishops or abbots.
Although the fifth, in strict legal terms, meant the alienable portion
of family property, as used in these charters it often seems to mean ‘our
portion’, ‘our share’, whatever the size and proportion of the donor’s or
vendor’s land.⁴⁶ So, tradimus quintam nostram tam in terris quam et in
vineis (we give our fifth, arable as well as vines); michi placet ut in mea
vita … de terras quomodo de vineas medietate serviet … post meum obitum
… illa quinta libera abeant potestatem (I agree that half of the land and
vineyards should provide [for the monastery] during my lifetime and …
they shall have power over the whole fifth after my death); placuit mihi
… ut facerem vobis scriptura venditionis de quinta quam abeo de marido
meum [sic] (I agreed to sell you the fifth I got from my husband).⁴⁷
However, sometimes the word conveys more of a sense of a fraction: ‘we
give you half our villa, except for the fifth reserved for our daughters’;
‘we sell you a fifth of our portion of the saltpan’; ‘we sell two fifths of
our quintana’.⁴⁸ Very occasionally it seems to retain its classic meaning,
as it did when Elvira gave a fifth of her vast properties to the poor and to
Sobrado in 959, reserving the rest for children, or when Bishop Pelayo’s
father provided him with a fifth in order to enter monastic life.⁴⁹ In
many cases, then, the ‘fifth’ is little more than a simple word for property
and it does not retain much of the strict legal connotation beyond the
fact that this kind of property was obviously alienable (there do not
appear to be any significant differences in usage in this respect across
time or space). It therefore looks as if those creating records for the larger
monasteries in the later tenth century adopted the word as a particularly
appropriate term for their acquisitions; it was especially appropriate
⁴⁶ Arvizu y Galarraga, La disposición ‘mortis causa’, 65, also makes this point re
common goods.
⁴⁷ C116 (964), Liii528 (989), Cel163 (932).
⁴⁸ Cel169 (962), C99 (961), Li198 (947).
⁴⁹ Sob4, Cel461(982). Conversely, however, the part of Eirigu’s property that was
not alienated to Bishop Rosendo as payment of a fine was the fifth retained for his three
daughters (Cel169 (962)); the term clearly had lost precision of meaning.
78 Dividing and Sharing Property
⁵⁰ Cel493, Sob67 (920), Li172 (943—cf. Sob19 (931), in which a seventh was
exchanged), C54, Cel506, Lii324 (960—see above, p. 70).
⁵¹ Liii571, Lii283; see above, pp. 70, 65. ⁵² Cel75; cf. Cel461.
⁵³ Sam23. ⁵⁴ See above, p. 17.
Dividing and Sharing Property 79
as is the case with those who received fifths, and not so invariably
monasteries, let alone large monasteries. They include a noticeable
number of lay couples—nearly two fifths of such beneficiaries in the
León collection and even more in that from Otero de las Dueñas,
although proportions are much smaller in Celanova and Sahagún mate-
rial. The reasons for this variation have more to do with the nature of
different charter collections than with regional difference in practice.⁵⁵
Unambiguous differences in regional practice are difficult to identify
but there has been some discussion about whether notional halves and
thirds were the portions appropriate for conveying an inheritance in
Galicia and León respectively.⁵⁶ It is certainly the case, as Carlos Estepa
has shown, that grants of a third by profiliation are notable in and
around León in the second half of the tenth century.⁵⁷ However, it
was clearly a long way from being an invariable practice: there are
profiliation grants which used neither of these fractions and León
profiliation grants that used halves; there are plenty of alienations of
half and third inheritances, in both regions, by transactions other than
profiliation; thirds occurred quite frequently in the far west; and a ‘third’
was sometimes a word for a complete inheritance, as a fifth could be.⁵⁸
In fact, use of a half was far commoner, both in Galicia and on the
meseta, than use of a third—about four times as common. Giving half
to the church and keeping half for the family is a familiar pattern—like
half to Celanova and half to the donor Gogino’s sons.⁵⁹ In many cases
reference to these halves points to a further process, to something more
than the regular, perhaps centuries-old, splitting and sharing between
family members. Many half properties that were given away or sold
were in effect an advance on the alienation of the whole property.
When Brandila gave the monastery of Santos Cosme y Damián all his
vines and garden, he kept a half to support himself; the monastery did
⁵⁵ For powerful lay couples, and for the rationales behind donation, see further below,
pp. 149–63, 207–8, 126–30.
⁵⁶ C. Estepa Díez, Las Behetrías Castellanas, 2 vols. (Valladolid, 2003), i. 42.
⁵⁷ Profiliation: giving, as if to one’s child; in effect, choosing an heir, making a
bequest. See further below, p. 84.
⁵⁸ Profiliation using neither, e.g. Cel228 (936), Lii354 (962); León profiliation using a
half, Lii488 (944–82) (cf. Estepa’s note on Liii585, Behetrías, 42 n.12); other alienations
of halves and thirds, Cel342 (885), Cel221 (939), Sob59 (920)—sale of half a paternal
inheritance; thirds in Galician and Portuguese texts: Cel70 (962), Cel343 (995), and
Portugaliae Monumenta Historica, XXIII (919), XXXIX (933), CXVII (976), CXXI
(977), CXXXIII (981); third as whole: Lii455 (978).
⁵⁹ Cel575 (954).
80 Dividing and Sharing Property
not pick up the full grant until his death. So also Vistrario’s gift to
Celanova and Electa’s to the monastery of Santos Justo y Pastor.⁶⁰ Or
one family member might give half and another give the other half,
like Vizamondo’s sale of half a house to Celanova (his mother had
already given the other half ) or Jimena’s gift of half a villa to Sobrado
(her uncles had already given the other half ).⁶¹ This process—far from
regular family splitting—was about making provision for the church,
in effect diverting the inheritance away from the natural heirs. It is
such cases that give power to the argument for increasing freedom of
disposition.
SHARING
his wife Ocorabia shared half of their inheritance with the monastery
of Celanova; they were thereafter to give the monastery half of their
produce of wine and a quarter of their bread every year; however, if
the monastery were to give them cattle and land for development, they
would increase the bread render to a half.⁶⁶ It seems likely that this kind
of arrangement underlies many of the transactions extending sharing.
Whether for reasons of piety, or to gain some benefit, or because they
were persuaded, peasant families might agree to make regular returns
to a monastery by entering into such sharing (in effect, share-cropping)
arrangements. That this was familiar in Galicia by the late tenth
century is indicated by the fact that royal gifts and confirmations could
mention people who were committed to share, homines incomuniatos,
resident—amongst others—on land that was transferred, people who
were obliged to make returns to the new owner.⁶⁷ It was expected that
some such people might be present on great estates and that they would
have a tributary relationship with the owner.
Couples of relatively limited means were most often involved in such
transactions, as far as our records go, but there were others too. An
aristocrat extended shares to a countess in order to compensate her
for killing one of her attendants; a priest shared half a church with
another person, for reasons unknown.⁶⁸ On the other hand, sometimes
references to sharing are so vague that the term barely seems to denote
more than ‘transfer’: a list of small portions by the river Arnoia given
by the couple Julián and Olalla to Celanova in 950 ends with a dating
clause which refers to this cartula donationis et incommuniationis, charter
of gift and sharing; and the widow of a duke referred to property she
and her husband had acquired by purchase, gift, and incommuniatio.⁶⁹
While many of these references clearly record a distinctive kind of
transaction, some may not.
All of the above examples come from Galicia and from the Celanova
collection. In the tenth century the terminology of sharing was over-
whelmingly a feature of Celanova charters and the beneficiaries were
overwhelmingly abbots of Celanova. There are four more examples
from the Sobrado archive, where the beneficiaries were the couple
⁶⁶ Cel490.
⁶⁷ Cel5, cf. Cel53 (both Vermudo II, of 986 and 988 respectively); cf. Portugaliae
Monumenta Historica, LXXVI (959) and CXXXVIII (983), recording very large grants
by high aristocrats.
⁶⁸ Cel456 (940), Cel231 (943). ⁶⁹ Cel497, Cel210 (991).
82 Dividing and Sharing Property
Ermegildo and Paterna, whose property formed the core of the tenth-
century Sobrado estate, and King Ordoño.⁷⁰ There are also about half
a dozen tenth-century occurrences in northern Portuguese charters,
most of which relate to the monastery of Guimarães and neighbour-
hood.⁷¹ Very occasionally these words occur elsewhere, sufficient to
indicate that this habit of thinking was not completely confined to
the far west. There is a particularly suggestive charter in the León
collection. The charter, surviving on a single sheet, is largely concerned
to record a sale of some land, a house, a vineyard, and a ninth of a
mill to the abbot of Abellar by a woman and her daughter Aurifila.
This was their inheritance from the woman’s first husband, Aurifila’s
father Abraham, who had previously divided it with his brother Juan.
Clearly the woman had remarried, for a final section of the charter adds
that Aurifila has agreed to this sale because her mother and stepfather
had given her rights, alongside the children of their new marriage, by
sharing her stepfather’s property with her (pro que me incomuniatis in
vestra ereditatem [sic]).⁷² Here is a glimpse of the fact that this concept
of extending membership of the common pool—incommuniare —was
not confined to Galicia, and that, as in the Sobrado and some of
the Portuguese cases, it could be used to refer to straightforward lay
transactions.
Were it not for these cases, this might simply look like a feature of
Celanova’s diplomatic practice. However, the manner of reference, and
the number of variants, suggest that it was probably more than that:
the terminology seems to reflect a habit of thinking, a way of looking
at things, and a kind of transaction, that was particularly characteristic
of Galicia and northern Portugal. Notwithstanding all that, we should
keep in mind the rarity of this word in tenth-century text: the total
number of cases is small—little more than twenty in Galicia and a
handful in Portugal—and three quarters of the Spanish cases come
from the Celanova archive, recording grants to Celanova; a good case
can also be made that the monastery of Guimarães, source of several of
⁷⁰ Sob29 (931), Sob14 (942), Sob32 (941), Sob30 (955); also Sob15 (945), but this
charter is also twice carta donationis and once carta venditionis. See below, pp. 135–8,
156–60 for gift/sale ‘confusion’.
⁷¹ Portugaliae Monumenta Historica, LIX (949), LX (950), LXXVI (959), CXXXVII
(983), CXXXVIII (983), CLXVI (992), CLXXIII (995). Several of these texts survive
in very late copies; several relate to the property of Countess Mumadona, founder of
Guimarães, preserved in the so-called ‘Livro de Mumadona’.
⁷² Li156 (942).
Dividing and Sharing Property 83
⁷⁷ See above p. 28. The argument that ‘tribal society’ was collapsing is rather more
questionable; the notion seems to depend on uninvestigated assumptions about the
relationship between blood, family, and ‘tribe’; Isla Frez, ‘Las relaciones de dependencia’,
9, 11; Barbero and Vigil, La formación del feudalismo, 384, 394 (where profiliatio is
deemed to supply ‘proof ’ of the survival of tribal society).
⁷⁸ S143 (954), S178 (960), S191 (961), for example.
⁷⁹ For example, in vitam: S184 (960), Lii356 (962); post mortem: Lii455 (978).
⁸⁰ Lii331 (960), S184 (960), for example.
⁸¹ See further below, pp. 160–1, for more detailed discussion. Barbero and Vigil,
La formación del feudalismo, 380–94, presented the classic and much-cited treatment of
profiliatio, as an ‘instrument to break the social and economic cohesion of consanguinity’
(ibid., 384), but even they stressed that its importance came in the late eleventh century
(ibid., 380), and they paid little attention to tenth-century texts.
Dividing and Sharing Property 85
FA M I LY S T R AT E G I E S
⁸² For the standard approach, see R. Latouche, The Birth of Western Economy,
trans. E. M. Wilkinson (London, 1967 [first published 1956]), 24–6, on fifth-century
Gaul. The precaria (initially precarium), really a grant on light terms in response to a
petition, came to denote many different kinds of arrangement; for early forms see I.
Wood, ‘Teutsind, Witlaic and the history of Merovingian precaria’, in W. Davies and
P. Fouracre (eds.), Property and Power in the Early Middle Ages (Cambridge, 1995),
31–52, at 43–9; and for the development, S. Reynolds, Fiefs and Vassals: The Medieval
Evidence Reinterpreted (Oxford, 1994), 78–9, 89–90, etc. See further references below,
p. 86, n.84. Precaria were known in Spain (Barbero and Vigil, La formación del
feudalismo, 76–9; Wood, ‘Teutsind, Witlaic’, 46), but there is no need to suppose any
direct connection between the precaria of Isidore and of the Visigothic law codes and the
incommuniationes of the tenth century.
⁸³ See above, pp. 61–4.
86 Dividing and Sharing Property
⁸⁴ See above, p. 34, and see F. Bougard, C. La Rocca, R. Le Jan (eds.), Sauver son âme
et se perpétuer. Transmission du patrimoine et mémoire au haut moyen âge (Rome, 2005);
cf. the hundreds of precarial grants in eighth- and ninth-century Saint-Gall material,
H.-W. Goetz, ‘Coutume d’héritage et structures familiales au haut moyen âge’, ibid.,
203–37, at 222–9, and those in France, Switzerland, and Italy cited below, p. 134.
⁸⁵ Cel7 (950), Cel251 (993), for example.
⁸⁶ Cf. Isla Frez, Sociedad gallega, 226, on aristocratic strategies for preserving the
patrimony, although his focus is on the prevention of fragmentation.
⁸⁷ Above, pp. 36–44; below, pp. 123–6.
Dividing and Sharing Property 87
FORMULAS
¹ A point made in the brief but helpful discussion of the value of ‘useless formulas’
in J. L. Martín, ‘Utilidad de las fórmulas ‘‘inútiles’’ de los documentos medievales’, in
Semana de Historia del Monacato: Cantabro–Astur–Leonés (Oviedo, 1982), 81–6.
² ‘In Dei nomine. Ego Aiza et uxor mea Argentea vobis domno Sperando abba et
fratres Sanctorum Iusti et Pastoris monasterio, in Domino salutem. Placuit nobis atque
convenit, propria et spontanea nostra voluntate, ut faceremus vobis kartula testamenti,
pro remedio de parentum meorum. Concedo illud, ego Argentea, ipsa terra qui est in
locum predictum iuxta karrale qui pergit ad illa nave, et de alia parte terminum …, ab
integra; etiam aditio vobis in illo prato medietatem. Ut abeatis illud firmiter de dato
nostro, et quicquid exinde agere, facere vel iudicare volueritis, sit concessa vobis potestas.
Siquis aliquis homo ad inrumpendum venerit vel venerimus contra hanc kartula, hanc
The Language of Donation 89
addition of a clause spelling out that control of the land freely transfers
from one party to the other, as in: ‘In the name of God. I and my wife
greet you in the Lord and in eternity, Doña Fredesinda. There is no
doubt, but it should be noted that we will give you, and we do give you,
half of our land at Z; and from this day it shall be transferred from our
right (iure) into your control (dominio), and whatever you want to do
with it, you have free power’. ³ Such charters are not long (preamble,
notification, and disposition may number no more than sixty or seventy
words) but they are not casual; they are formal documents, and use
standard formulas; we often know who wrote them, for the scribes are
identified, as the priest Gauventio is in the second example above.⁴
The more elaborate charters use a much wider range and greater
number of formulas as preamble and by way of explanation of the gift,
and often include religious sanctions; comparable phrases sometimes
occur in records of sale or exchange but they do so very infrequently,
for elaborate language is a particular characteristic of gift texts.⁵ The
range of formulas is indeed surprisingly wide, although the range of
ideas they convey is quite limited. The donor is weighed down by sin
or looking for expiation or remission of sins; he or she fears hell or
wants to evade the infernal penalty, or the torment, or the abyss; more
positively they (for the donor is often a married couple or a group
of siblings⁶) want to enjoy paradise, or the heavenly kingdom, or the
celestial mansion; they want eternal life; they want to be for ever joyful
with the saints (or angels, or the chosen); they often want a reward (or
recompense); or they want to be worthy of eternal glory; on the day of
judgment, when the trumpet sounds, standing before God, they want
per me, hanc per extranea, que ego et Argentea vindicare non valuerimus, ut pariemus
vobis ipsa hereditate duplata, et vobis perpetim abiturum. Facta series testamenti et
adfirmationis v kalendas novembris, era DCCCCLXXXVI. Argentea in hanc kartula
testamenti a me facta. Aiza qui sum vigario de Arenta et adfirmo. Amoroze ts.’; Li203,
of 948. (In this particular case it is the wife’s land that is given, and the husband acts
for her; see below, p. 171 for comparable cases.) In translating this and other examples
in this chapter, I have in most cases aimed to convey the meaning in modern English,
rather than give a literal translation.
³ I quote the sense of the introduction and main giving words, Li11, of 897. ‘Ut de
odierno die et tempore de nostro iure in vestro dominio sint vestri donati adque concessi,
et quidquid de illos facere volueris, liberam, in Dei nomine, abeas potestatem.’
⁴ ‘Gauventius presbiter ubi rogitus fuit scriptor manu ( The priest Gauventio, as
requested, wrote [this] by [his own] hand).’ See below, pp. 99–102, 91–8, for scribes
and for the sources of standard formulas.
⁵ Sale and exchange, for example, Lii489 (982), C191 (984).
⁶ See above, pp. 65–71, for owning in common and shared family interests.
90 The Language of Donation
⁷ Li109 (936), Lii413 (970), Lii490 (983), Lii274 (954) and Liii535 (990), Liii548
(991), for example.
⁸ Orthography and grammar frequently stray from classical norms; I quote the texts as
printed, without attempting ‘improvements’; see further below, pp. 99–104. Examples
are from Li5 (873), Li42 (917), Lii409 (968—common in many collections, cf. SJP30
(995)), Lii265 (954), Cel247 (927), Lii296 (956), S105 (946), SM97 (984), OD21
(976), Sob52 (930), Liii520 (987); León material has a particularly wide array, not just
because it is the largest collection, but because it draws on a wide range of different
recording traditions in its neighbourhood; see further below, pp. 92–7.
The Language of Donation 91
es iustus iudex’.⁹ Some charters deploy almost the entire array of these
phrases; some select one or two; and, as we have seen, some have none
at all, even for donations to a church or monastery. That difference of
approach to the record is interesting and is worth exploring further.
C R E AT I N G T H E R E C O R D S
⁹ ‘May he lead me before the tribunal of our Lord Jesus Christ’, Li177 (943), cf.
Liii570 (995); ‘in that examination’, C32 (939); ‘in the presence of God’, Lii274 (954);
‘before God’, Cel36 (889); ‘at the day of the holy, tremendous, judgment’, OD29 (988);
‘while at the day of examination you will have revealed [yourself ] great and visible’,
Cel256 (936); ‘at the day of the great judgment’, Cel246 (969), Liii555 (993); ‘Lord,
you are a just judge’, Cel256 again.
¹⁰ Above, pp. 54–6, 80–3.
¹¹ C30 (937), C147 (971), C172 (977), C201 (988), etc.
¹² Cel177 (952), Cel503 (985), Cel209 (997); cf. Cel210 (991), Cel216 (993). The
sentiment sometimes occurs in other collections too: e.g. Sob38 (985), S352 (996).
¹³ ‘To the most holy patrons, Saints Facundo and Primitivo, whose bodies are
distinguished by being buried in a hollow in the ground in the place Cea’, S128 (950),
S221 (964), S228 (965), S245 (966), S255 (970), S293 (978—incorporated in a royal
charter), S303 (980), for example.
92 The Language of Donation
¹⁴ Loosely translated as: ‘through your holy prayers I get to enjoy the heavenly
kingdom, since I am mindful that nothing good comes from my own merits; and he
who shall hold this little page should not hesitate to pray for N if he should approach
God without due respect’; T45 (941), T51-T55 (946–52), T58 (961), T70 (964).
¹⁵ Freely rendered as ‘and with their support we shall be released from the evil of
our disgrace, and thereafter be worthy to become heirs in the kingdom of heaven’;
SM65 (952), SM72 (957), SM75 (957); cf. SM91 (972), SM110 (996). Several of these
charters were drafted by the abbot of San Millán himself; see further below, p. 94, on
abbots drawing up charters on royal instruction.
¹⁶ Lii469 (979), Lii487 (982), Liii520 (987), for example.
¹⁷ Li5 (873), Li6 (874), and Li76 (928); Liii539 (990) and Liii571 (995), for example.
¹⁸ Lii296, Lii351. It cannot be assumed that all charters on single sheets represent
original records, since some of them are demonstrably copies or forgeries; see R. Pacheco
Sampedro, ‘Arqueología archivística y documental’, in C. Sáez (ed.), Libros y Documentos
en la alta edad media. Los libros de derecho. Los archivos familiares. Actas del VI
Congreso Internacional de Historia de la Cultura Escrita, vol. 2 (Alcalá de Henares,
2002), 55–91, at 83–4; cf. O. Guyotjeannin, J. Pycke, B.-M. Tock, La Diplomatique
Médiévale ( Turnhout, 1993), 126–29. However, where single sheets record small-scale
transactions by ordinary people, it is customary to treat them as originals, as many
are likely to have been. The editors of volume 1 of the León collection, and volume
1 of the Otero collection, count 93 and 312 originals respectively (44 before 1000 in
the latter case): E. Sáez, Colección documental del archivo de la catedral de León, vol. I
(775–952), (León, 1987), xxiii, and J. A. Fernández Flórez and M. Herrero de la Fuente,
The Language of Donation 93
Although these records are only five years apart, they have completely
different descriptions of lands donated and almost completely different
witness lists: the former, recording the priest’s gift, is largely witnessed
by clerics; the latter, lay, gift appears to be largely witnessed by lay
persons, including at least three families and the owners of adjacent
properties. Were it not that the latter is on a single sheet, as ‘copies’ of
this kind often are, one might think that copying came at the stage of
creating a cartulary; but clearly copying a handy model was one way to
create a contemporary record.¹⁹
Composition by the receiving monastery or bishopric was one way to
create a record, but that was not the only way. There were royal charters,
often (and increasingly so across the tenth century) of considerable
length and elaboration. Dealing with royal diplomatic has its own
special problems, given the tendency for later interpolation or direct
falsification. Fortunately, the work of many editors, especially of the
last two generations, allows us to navigate a way through the pitfalls;
the single sheets from the León collection are also particularly helpful
in providing standards and comparanda. Sometimes, royal records of a
given period used identical or similar formulas, just as monastic records
did. Grants to two different beneficiaries from King Ordoño II and
his wife Elvira, on 9 January 916 and 8 January 917 respectively, have
near identical texts (sharing the same quotations from the first Book
of Samuel and from Proverbs); as might be expected, the witness lists
are not identical but have significant overlap.²⁰ Both survive on single
sheets and the first was written by Sarracino; no scribe is named on the
latter. Royal charters of the same period sometimes, however, just share
a few formulas. Ordoño III’s grant to Bishop Rosendo of Celanova
in 955 has some diplomatic in common with records of his gifts to
Colección documental del monasterio de Santa María de Otero de las Dueñas (854–1108)
(León, 1999), 28; cf. J. I. Fernández de Viana y Vieites, ‘Problemas y perspectivas de la
diplomática de los reinos asturiano, leonés y castellano leonés en la alta edad media’, in
Sáez (ed.), Libros y Documentos, 39–53; Commission Internationale de Diplomatique,
Vocabulaire International de la Diplomatique, ed. M. Milagros Cárcel Ortí (Valencia,
1997), 41–4; E. Pastor Díaz de Garayo, ‘Los testimonios escritos del sector meridional de
Castilla (siglos X–XI). Ensayo de crítica documental’, Historia, Instituciones, Documentos,
24 (1997), 355–79, at 357–8; and M. Lucas Álvarez, La Documentación real astur-leonesa
(718–1072)= El reino de León en la alta edad media. VIII (León, 1995), 75–6, on over
300 royal originals pre-1000.
¹⁹ Cf. Li42 (of 917) and Lii412 (of 970), where the beneficiary of the first is the
donor of the second; it looks as if the earlier record was used as a model for the later
(although there may well be an error in the date of the former).
²⁰ Li38, Li41.
94 The Language of Donation
Bishop Gonzalo of León at about the same time.²¹ Ramiro III’s grants
to the monastery of San Cipriano de Valdesaz and to that of Sahagún
in 978 also have echoes of the same formulation.²² Vermudo II’s grants
of 25 December 989 and 25 June 990, to two different laymen, have
some common formulas, some overlap in witness lists, and the same
scribe, Brother Munio.²³ At other times, however, particularly in the
case of grants to the bishop of León, even royal grants appear to have
been drafted by the beneficiary. Hence, while Vermudo II and his
wife Velasquita’s grants to two different monasteries in 985 have many
common formulas, some witness overlap, and the same scribe (the
‘notary’ Cresconio Arvadi), the king’s grant to the bishop of León eight
days after the second monastic gift has several common witnesses, but
episcopal diplomatic, and a different scribe.²⁴ Vermudo’s grant to the
monastery of Celanova of the same year (29 September) is recorded in
the monastery’s diplomatic and, doubtless reflecting the more westerly
location, has very few witnesses in common with the León group.²⁵
Several of the Navarre kings’ grants to San Millán in the later tenth
century explicitly appear to have been drafted by the abbot of San
Millán;²⁶ that kings used monastic scriptoria to draft not just records
of their own donations but all kinds of document is well-known in the
eleventh century.²⁷
In fact, the variety in the formulation of royal grants is in many
cases more striking than its standardization. Sancho I’s two grants to
Sahagún, made on the same day, 26 April 960, have very similar records
but even these are not identical.²⁸ Ramiro III and his wife Elvira’s
grants to Sahagún of a decade later, 11 May 971, despite having the
same scribe, Julián, have very different diplomatic from each other.²⁹
There is also the particularly telling case of Vermudo II’s grants to his
armiger (armour-bearer), Fruela, and to another trusted layman, Munio
Fernández, in 989—the same year and the same scribe but completely
different diplomatic; and here the records appear to be originals.³⁰ In the
tenth century kings seem to have been inconsistent in their approach to
producing records: sometimes they used episcopal or monastic scriptoria
to record royal favours, but sometimes, although it was more than a
century before royal chanceries were to be established, they used scribes
attached to the court, who wrote for the king and in his interest, like
the priest Jimeno, scriba regis of García Sánchez of Navarre, or Felix,
the notarius regis of Vermudo II of León.³¹ We know the names of
many such scribes and it is clear both that there could be several at any
one time and that they had a very wide repertoire of formulas available,
from which they might select in varied and creative ways. The record
of one of Ordoño III’s grants, made in May 956, names two notaries:
the priest Ambrosio and the priest Zalame, who was the chief notary,
notarius maior;³² that they were in orders is not surprising. Two of the
985 royal grants in fact name ‘monks of the palace’ too: Osorio and
Gutino, who were priests, and Nuño, who was a deacon. Four years
later, Vermudo’s grant to Fruela names three different monks of the
palace.
Records for other kinds of donor were also written by priests, for
we find them named as ‘notary’ or ‘scribe’ on many other records.
Apart from the royal cases, it is not always apparent where these
priests came from and why they were making the records. We might
expect that some priests worked for aristocratic families and provided
writing services for them:³³ someone made an inventory of Fernando
Vermúdez and Elvira’s charters in 976, a precious glimpse of the fact
that lay families could take as much care of their documents as religious
institutions did.³⁴ Much of the corpus of tenth- and eleventh-century
texts in the Otero de las Dueñas collection makes the same point about
³⁰ OD30, Liii530.
³¹ SM30 (943), king’s scribe; OD30 (989), king’s notary. See Commission Interna-
tionale de Diplomatique, Vocabulaire International de la Diplomatique, 33, 43, and Lucas
Álvarez, La Documentación real astur-leonesa (718–1072), 219–20, for chanceries; also
Lucas Álvarez, La Documentación real astur-leonesa , 221–8, for documents produced by
the entourage surrounding the king.
³² Lii295, on a single sheet; cf. S98, two notaries in a grant of Ramiro II, of 945 (a
reworked text). See below, p. 99, for the terminology of scribe and notary.
³³ As suggested by Carlos Estepa in a late tenth-century context, ‘Poder y propiedad
feudales en el período astur: las mandaciones de los Flaínez en la montaña leonesa’, in
Miscel-lània en homenatge al P. Agustí Altisent ( Tarragona, 1991), 285–327, at 310.
³⁴ OD22.
96 The Language of Donation
³⁹ Li25 (on a single sheet), Li78, OD3 (single sheet), Li179, Sob95, S371, OD46
(single sheet).
⁴⁰ Li11 (single sheet), Sob78, S178, Lii425. The Celanova collection records very
few lay to lay transactions, although a woman sold land in Rabal to a confessus in 1003,
recorded by another confessus (Cel383).
⁴¹ S188, Lii363; Lii356, S194.
⁴² See W. Davies, Small Worlds: The Village Community in Early Medieval Brittany
(London, 1988), 137–8; R. McKitterick, The Carolingians and the Written Word (Cam-
bridge, 1989), 104–34 (of Switzerland); B. H. Rosenwein, To Be the Neighbor of Saint
Peter: The Social Meaning of Cluny’s Property, 909–1049 (Ithaca, 1989), 75; P. Bonnassie
and J.-P. Illy, ‘Le clergé paroissial aux IXe –Xe siècles dans les Pyrénées orientales et
centrales’, in P. Bonnassie (ed.), Le clergé rural dans l’Europe médiévale et moderne (Actes
des XIII e Journées Internationales d’Histoire de l’Abbaye de Flaran, 6–8 septembre 1991)
( Toulouse, 1995), 153–66, at 161; J. Belmon, ‘ ‘‘In conscribendis donationibus hic ordo
servandus est … ’’: l’écriture des actes de la pratique en Languedoc et en Toulousain’,
in M. Zimmermann (ed.), Auctor et Auctoritas: Invention et conformisme dans l’écriture
médiévale (Paris, 2001), 283–320, at 292–3; L. Casado de Otaola, ‘Escribir y leer en
la alta edad media’, in A. Castillo Gómez (co-ord.), Historia de la cultura escrita: Del
próximo oriente antiguo a la sociedad informatizada (Gijón, 2002), 113–77, at 123.
98 The Language of Donation
S TA N D A R D L A N G UAG E A N D VA R I AT I O N S
⁴³ As in Lii402 (967), for example; perhaps cf. SJP5 (c.850). I would not rule out the
possibility of lay scribes too, but it would be much more difficult to make the case for
most of northern Spain than it was for Kosto to make it for Catalonia, ‘Laymen, clerics,
and documentary practices’, 56–60.
⁴⁴ Li184 (944), the record of the resolution of a major dispute; cf. Abbot Diego
below, p. 107.
⁴⁵ C31; cf. C32, C97, C140, C144, C184 (939–81), Lii410 (968). ⁴⁶ C55.
⁴⁷ Liii534, Liii535 (Leticia and Maia and the community of sisters of San Lorenzo
[greet] you, the community of San Salvador. We have agreed …). One might expect
‘collegium sororum Sancti Laurentii … collegio fratrum Sancti Salvatoris’.
The Language of Donation 99
training, in the tenth century.⁴⁸ One recent editor has described the
scripts of originals in the León collection as ‘rustic’, the product of rural
clerics with a ‘low level of culture’, but others have begun to identify
individual scribal characteristics, emphasizing the number of different
individuals involved and their capacity for adapting formulas.⁴⁹ Further
work on charter scripts can be expected in the future; for the moment we
have to make deductions about scribal habits from the texts themselves.
Charter texts depended on the repetition of set formulas. Although
there are a number of possible scenarios, it is conventional to suppose
that basic training for the composer of charters consisted initially
of mastering writing (by copying models over and over again) and then
of mastering content by memorizing formulas appropriate for records of
different kinds of transaction.⁵⁰ The words used to describe the writers in
the charters themselves are mainly scriptor and notarius, but occasionally
exarator; the verbs used to describe their actions are usually scripsit or
notuit, but sometimes exaravit or titulavit.⁵¹ At first glance these words
may seem to imply that different people performed different functions
during the business of record creation, with some distinction between
the composer of the words on the one hand and the writer of the text, to
whom the words were dictated, on the other, or even between those two
and a third person who prepared a draft on temporary material; very,
very occasionally a scribe’s signing-off clause shows some contemporary
⁴⁸ For the scribes of the great codices of the tenth century, see C. García Turza
(co-ord.), Los manuscritos visigóticos: estudio paleográfico y codicológico. I. Códices riojanos
datados (Logroño, 2002). Cf. the bishop who wrote books of the bible and service books
with his siblings, Sob123 (867). For Catalonia, Kosto, ‘Laymen, clerics, and documentary
practices’, 58, notes schools in monasteries and cathedrals and one—exceptional—lay
school, c.1000.
⁴⁹ J. M. Ruiz Asencio, Colección documental del archivo de la catedral de León, vol. III
(986–1031) (León, 1987), xxvi; Fernández Flórez and Herrero de la Fuente, Colección
de Santa María de Otero de las Dueñas, 27.
⁵⁰ B. Bischoff, Latin Palaeography: Antiquity and the Middle Ages, trans. D. Ó Cróinín
and D. Ganz (Cambridge, 1990), 38–9; P. Riché, Écoles et enseignement dans le haut
moyen âge (Paris, 1989), 224–5; R. Wright, Early Ibero-Romance (Newark, 1994), 128;
T. J. Walsh, ‘Spelling lapses in early medieval Latin documents and the reconstruction
of primitive Romance phonology’, in R. Wright (ed.), Latin and the Romance Languages
in the Early Middle Ages (London, 1991), 205–18, at 211–12. Cf. the seventh-century
training ephemera preserved on slates, from the Psalms and computus, in I. Velázquez
Soriano, Las Pizarras Visigodas. (Entre el latín y su disgregación. La lengua hablada en
Hispania, siglos VI-VIII) (Salamanca, 2004), 58.
⁵¹ Literally ‘writer; person who has learned the signs (notae); person who provided a
draft on a wax tablet’, and ‘write; take notes; make a draft; inscribe’. Very occasionally
depinxit (literally ‘paint’), Liii520 (987). For examples: Li11 (897), C46 (944), SM72
(957); S178 (960), S214 (963), Liii580 (998), OD26 (986).
100 The Language of Donation
⁵² OD2 (932)—copy on a single sheet; Aloyto worked in comital circles, Cel48 (941),
Cel2 (942); the wealthy deacon Ermegildo indicated that he had provided a written draft
of his own bequests, ‘omnia mea que litteris exaravi’, Li109 (936). Cf. Bischoff, Latin
Palaeography, 41.
⁵³ Casado de Otaola, ‘Escribir y leer en la alta edad media’, 132. Although relating
to a different context and a later period, Michael Clanchy’s chapter on the technology
of writing conveys an excellent sense of the different processes that could be involved
in producing medieval records, From Memory to Written Record: England 1066–1307
(London, 1979), 88–115.
⁵⁴ Modern linguists tend to use the word ‘notary’ to describe these charter writers; in
view of its connotations of public office, and often of lay status, as in, for example, early
medieval Italy, I have preferred to use the more neutral ‘scribe’.
⁵⁵ ‘Marculf ’s Formulary’, for example, in Formulae Merowingici et Karolini Aevi, ed.
K. Zeumer, Monumenta Germaniae Historica, Leges in quarto, section 5 (Hannover,
1886), 36–106. M. Zimmermann, ‘Un formulaire du Xème siècle conservé à Ripoll’,
Faventia, 4/2 (1982), 25–86, in a collection of miscellanea. Cf. the use made of
formularies by Brown, ‘When documents are destroyed or lost’, to make his case about
lay interest.
⁵⁶ Cf. above, p. 90, on the wide array of preamble formulas in León material; and
cf. Sob58 (865), which refers explicitly to the law of sale.
The Language of Donation 101
are preserved on slates; and Gil has demonstrated the likely existence of
a ‘Visigothic’ formulary preserved in an early modern manuscript.⁵⁷
We can envisage the process of charter composition like this: an actor
in a transaction would tell the scribe the kind of content needed and
the latter would then draw up the text, as instructed, in the appropriate
fashion—rather like the process of instructing a solicitor in the modern
world and securing a document in technical, legal language.⁵⁸ The
finished text would be read out, a point made explicitly by many
Cardeña charters: when Munio and his wife sold a vineyard to a man
called Lihoar in 965, they ordered a record to be made and heard
it read out.⁵⁹ This was a culture in which spoken performance was as
important as the record.⁶⁰ Some actors may have requested the inclusion
of specific, personal, touches: for example, an otherwise standard record
of donation of a substantial house in Grajal in 961, from a widow to
Sahagún (where the transaction was performed), includes an unusual
sentence noting how she accepted conjugal union with her husband
with the aid of a blessing and noting God’s gift to them both of their
three children;⁶¹ it looks like a personal comment and certainly was
not a standard output from the Sahagún scriptorium. Other actors may
have requested the inclusion of a few or more pious phrases, the greater
the number the more likely the record’s origin in a monastic centre: the
record of Eldoara’s gift to Doña Imilo begins with no fewer than thirteen
(printed) lines of invocation, naming Father, Son, and Holy Spirit three
times and dwelling on the concept of unity in the Trinity.⁶² Some
⁵⁷ Velázquez Soriano, Las Pizarras Visigodas, e.g. nos. 8, 19, 40; J. Gil (ed.), ‘Formulae
Wisigothicae’, in his Miscellanea Wisigothica (Seville, 1972), 70–112; whether or not
this formulary was Visigothic in origin is arguable, but Pastor Díaz de Garayo, ‘Los
testimonios escritos’, at 359, 379, has made a very strong case for it.
⁵⁸ Cf. Roger Wright’s characterization of the process, Early Ibero-Romance, 129–30;
Rosamond McKitterick’s, Carolingians and the Written Word, 94–8; and—with more
detail—Belmon’s, ‘ ‘‘In conscribendis donationibus hic ordo servandus est …’’ ’, 305–14.
⁵⁹ C122; cf. C117, C118, C119, C120, C121, C123, C124 (964–5), and many
other cases. Lihoar was associated with Cardeña; C128 (another charter of the transaction
recorded in C122, made six months later).
⁶⁰ Cf. R. Blake, ‘Syntactic aspects of Latinate texts of the early middle ages’, in
R. Wright (ed.), Latin and the Romance Languages in the Early Middle Ages (London,
1991), 219–32, at 219, 229; Wright, Early Ibero-Romance, 130–3, 144–5.
⁶¹ S190. Although unlike Sahagún diplomatic, it is reminiscent of formulas for the
donation of dos; see Zimmermann, ‘Un formulaire’, 80–1.
⁶² ‘Sub Christi nomine et sancte Trinitatis, Patris videlicet et Filii et Spiritus Sanctus,
individua maiestas, cuius nutu famula Dei Eldoara, quod corde credimus et ores proprios
Patris ingenitus, Filius genitus, Spiritum quoque Sanctum nec anterior nec posterior,
set ex ambobus procedens …’; Lii425 (973). That there were ready-made elaborate
102 The Language of Donation
preambles available is clear from the seven additional donation models in the Ripoll
formulary, ‘Zimmermann, ‘Un formulaire’, 82–5.
⁶³ Cel210 (991), SM86 (967), Sam61 (976—see below, pp. 110–12), S114 (949).
⁶⁴ ‘I entreat you, I demand of you, my Redeemer and Saviour’, Cel461 (982); ‘We
are praying, O Lord, we are praying’, Sam115 (982); ‘We wish, we wish that no one will
take anything from all the offerings with which we strive to please God’, S330 (986); ‘so
that you spare us, Lord, spare us, wearied by such a wound, you who are our creator and
guide’, Cel7 (950); cf. Cel256.
⁶⁵ Compare, for example, the royal texts of Li18, Li38, Li41, Li79, OD30, and the
nuns’ text of Li80, with the peasant transactions recorded in Li82, Li135, Li139, Li223,
OD34, OD37.
The Language of Donation 103
cartulary copies from the great monasteries are compared with originals,
for they have a tendency to standardize the spelling and grammar of
originals: adque becomes atque, azessit becomes accessit, tibi et uxor
tua becomes tibi et uxore tue, loco predictum becomes in locum predic-
tum, nobis non valemus becomes nos non valuerimus, terra … abiturum
becomes terra … abitura, ego … quem fieri voluit becomes [ego] … quam
fieri volui, and so on.⁶⁶ The contrast between originals and copies
shows that, while texts written outside the major centres may some-
times simply have been carelessly written, such texts frequently (though
not invariably) used non-classical forms of the language.⁶⁷ These texts
are the texts that originated from the smallest monasteries, the lay
households, and the independent, or quasi-independent, priests. They
must to some extent reflect local patterns of speech and vocabulary, in
other words, local vernacular Romance;⁶⁸ their orthography, without
in any sense being phonetic transcription, must in some respects reflect
habits of pronunciation.⁶⁹ This is especially striking in texts recording
transactions between lay persons, but it can also be true of texts relating
to small monasteries (as in the case of the Leticia and Maya text quoted
above) and of records of the transactions of the clergy. To make the
⁶⁶ Li25, of 13 April 910, in firstly single sheet and then cartulary copy versions;
cf. Li73, Li79, etc. The changes made in cartulary copies are very systematically treated
by the editor of the first León volume, Sáez, Colección de la catedral de León, vol. I,
xxv–xxviii; cf., less systematically, J. M. Mínguez Fernández, Colección diplomática del
monasterio de Sahagún, vol. 1 (León, 1976), 11–12. Cartulary copies might also augment
the number of pious formulas, e.g. Lii270 (954); cf. Lii415 (971), two different cartulary
copies. Cartulary copies of texts are normally, of course, of later date than their single
sheet exemplars.
⁶⁷ This point about the two traditions is made well by Walsh, ‘Spelling lapses’, 207.
⁶⁸ R. Wright, Late Latin and Early Romance in Spain and Carolingian France
(Liverpool, 1982), passim, but especially 165–75; for a concise statement of the
argument, see also Wright, ‘The non-existence of ‘‘Leonese Vulgar Latin’’ ’, in Wright,
Early Ibero-Romance, 127–34. There have been great debates about the form of the
language that these texts reflect: Menéndez Pidal had argued that they represented
‘Leonese Vulgar Latin’, a register between Low Latin and vernacular Romance, but many
modern commentators accept Wright’s revision, i.e. that the scribes were writing their
own language, Romance; cf. Blake, ‘Syntactic aspects of Latinate texts’, and C. Pensado,
‘How was Leonese Vulgar Latin read?’, in Wright (ed.), Latin and the Romance Languages,
190–204. For some contrary views, see M. Banniard, ‘Language and communication
in Carolingian Europe’, in R. McKitterick (ed.), The New Cambridge Medieval History:
Volume II c.700–c.900 (Cambridge, 1995), 695–708.
⁶⁹ This is a more contentious point, but see Walsh, ‘Spelling lapses’, 210–14.
The suggestion sometimes made that the formulas in these texts usually have fairly
‘correct’ Latin while the ‘freer composition’ does not, does not stand up to scrutiny; cf.
Ramell’s case below, and the material cited by Pensado, ‘How was Leonese Vulgar Latin
read?’, 201.
104 The Language of Donation
one of these but here is the full formula in a more standard form (there
are often variants on the last part of the sentence): ‘Magnus est titulus
donationis in qua nemo potest actum largitatis irrumpere neque foras
legem proicere sed quicquid grato animo donatur pronaque voluntate
facere quis decreverit semper libenter amplectitur’.⁷³ The sentence is
usually followed by something like ‘Ideo placuit nobis … (Therefore we
have agreed … )’. This formula occurs in Liébana, Celanova, Sobrado,
León, Sahagún, and Cardeña charters, across the tenth century.⁷⁴ Not
surprisingly, it introduces records of gifts, but a very high proportion of
the transactions in which it occurs is between lay persons. These may
be of high status—a count’s gift to his wife, a king’s gift to a trusted
servant⁷⁵—but many are peasants contracting with other peasants, and
with their more powerful neighbours. The actors are not exclusively lay
(as the Ramell case makes clear), and monasteries or religious individuals
might benefit from such gifts; many of the records were in fact made
by priests. Although undoubtedly widespread, the use of this formula
is not especially common; it crops up here and there, but infrequently.
Here we have a trace of a diplomatic that was different from the
dominant tenth-century ecclesiastical tradition, a diplomatic familiar to
local priests and monasteries in their various localities and primarily
used to record gifts from one lay person to another. It is, in fact, one of
Gil’s formulas of ‘Visigothic’ origin and may have had a long history of
pre-tenth-century use.⁷⁶
These uneven traces of local diplomatic practice suggest that those
who made records were working with existing traditions, some of which
had archaic elements. Members of local communities used writing;
writing had standard elements; records using standard formulas were
made for the laity in rural communities; and there was some local
variation in scribal habits. Records were made for the laity regardless
of whether or not there was a large monastery nearby and whether or
not a large monastery was an actor in the transaction; where there was
⁷³ S318 (15 May 984). Loosely translated as ‘Great is the deed of donation, by which
a gift cannot be broken or put beyond the law, but, whatever be given with a thankful
heart, he who so desires can proclaim it for ever free’.
⁷⁴ For examples across time and space: Sob72 (858), T19 (914), Li35 (915), Cel498
(927), Cel304 (937), Sob12 (945), Li223 (950), Lii315 (959), S178 (960), S214 (963),
Lii411 (969), S370 (972), C188 (981), C203 (992).
⁷⁵ Cel576 (916), Liii530 (989—single sheet).
⁷⁶ Gil (ed.), Miscellanea Wisigothica, 100–1; see Casado de Otaola, ‘Escribir y leer
en la alta edad media’, 144–5, on interest in copying Visigothic texts in the tenth
century.
106 The Language of Donation
L A N G UAG E A N D S TAT U S
⁷⁷ See above, pp. 89–91, for examples. The inclusion of an elaborate religious
sanction, in addition to a secular sanction, is a particular feature of records of gifts to
religious bodies; see, for example, the sanction quoted in the Appendix to this chapter,
p. 112.
⁷⁸ Li86 (single sheet); it has a short text but quite a long witness list.
⁷⁹ For example, episcopal texts on single sheets: Li43 (917), Li76 (928); royal texts
on single sheets: Li38 (916), Lii270 (954), Liii550 (991). (Many episcopal charters are
much longer, but survive only in cartulary copies.)
⁸⁰ For example, a priest Li93 (932), an abbot Lii409 (968), some nuns Liii535 (990),
an aristocratic couple Liii587 (999)—all on single sheets. See also the aristocratic gifts
The Language of Donation 107
this group: women and lay religious families. Many of the most lengthy
and pious charters record the gifts of religious women—abbesses,
nuns, ancillae or famulae Dei (‘female servants of God’, i.e. women
committed to God)—like the two nuns, Eilo and Goisenda, who gave
their (clearly substantial) estates to the abbot of Celanova in 993; or
the ancilla Christi, Ermigia, who gave her half of a substantial estate
near the river Valderaduey to the nunnery of Santiago in León in
970.⁸¹ The former charter begins with an elaborate invocation and a
very elaborate salutation, before describing the property at some length
and seeking some regular memorial for the donors. The latter has an
elaborate salutation, followed by a lengthy preamble with three biblical
quotations, a lengthy description of the property, and a long sanction.
The percentage of women donors in these elaborate texts is not in
itself striking but the association of women with some of the most
developed expressions of piety is notable. It is tempting to suppose
that they composed these records themselves, as some may well have
done, but their records often terminate with the name of a male scribe,
who may have been author and not simply someone who recorded
their dictation.⁸² The former abbot Diego was the writer for Eilo and
Goisenda.
Lay religious families were not especially numerous either but their
presence is nevertheless striking in association with this kind of text.
These people, frequently termed confessus or confessa, were laity commit-
ted to follow a religious lifestyle. They appear to have taken some kind
of vow of commitment, but did not join a monastery, often remaining
in their secular households and continuing in effect to live secular
lives.⁸³ Married couples stayed together, with their children. They were
clearly publicly identifiable—perhaps they wore distinctive clothing or
some kind of badge—and appear to have been recognized as distinctive
in major cartularies, such as the comital records in the Cardeña collection, like C27
(935) and C42 (943) (excluding the many falsified records here), and such as the gifts
of Bishop Rosendo’s family in the Celanova collection, e.g. Cel256 (936), Cel7 (950),
Cel92 (968).
⁸¹ Cel216 (see also an alternative version at Cel251); Lii413; cf. C187 (981).
⁸² See below, p. 180 for a likely example of female authorship.
⁸³ See J. Orlandis, ‘ ‘‘Traditio corporis et animae’’. Laicos y monasterios en la alta
edad media española’, in J. Orlandis, Estudios sobre instituciones monásticas medievales
(Pamplona, 1971), 217–378, who believed he had identified the distinctive institution
of familiaritas, that is, lay membership of a monastic family; for doubts about this
interpretation, see above, pp. 53–4. See Sam23 (982) for a wealthy confessus who made
a public statement of his commitment.
108 The Language of Donation
individuals.⁸⁴ A man and his wife, confessus and confessa, gave to the
same nunnery in León in 995 as Ermigia had done; in Galicia a count’s
mother, confessa, quoting twice from scripture, gave to the church of
Santa Maria in Osoño; the widow of a duke, also confessa, gave to
Celanova in a highly elaborate record, requesting a place for her own
burial there.⁸⁵ In view of their distinctive lifestyle, and public position,
it is not at all surprising that the records of their donations should have
a more than usually pious bent.
By contrast, the short, unelaborated, donation documents over-
whelmingly relate to the transactions of small-scale, peasant farmers,
just as the texts recording sales from lay person to lay person often
relate to this group.⁸⁶ They may indeed include a brief phrase of pious
explanation—hardly surprising when the beneficiary was a monastery
and the scribe a local priest—but they do not elaborate the explanations
and they do not pile formula upon formula, as the longer charters do.
Of such a type is my opening example, recording a gift to a monastery
by a lay woman and her husband in 948.⁸⁷ There are many other such
examples. They deal, overwhelmingly, with small properties: a couple
and their children give their share in a saltpan to Cardeña; another
couple give a vineyard in Marmellar; a man gives the monastery of
Abellar some bits and pieces in Marialba; a woman and her children
give a priest her share in the local orchards of Montecillo; a man called
Julián, with his wife and children, gives Bishop Rosendo several bits and
pieces of land in the neighbourhood of the river Arnoia; four named
siblings, with others unnamed (germanos minores), give a quarter of a
mill on the river Cea to the monastery of Valdávida.⁸⁸ The gifts may
have been made for pious reasons but, for peasant donors, the scribe did
not adorn the document with pious phrases. Saving the soul may well
have merited a mention, but fear of hell and hope of reward did not.
Donation is recorded in many ways in tenth-century Spain. Royal
courts, episcopal households, and major monasteries had their own
dedicated scribes and their own distinctive styles of writing; but records
were also made in local communities for lay people, often by local
⁸⁴ I am grateful to Roger Collins and Susan Wood for their help in understanding
the nature of this group. See further below, p. 177.
⁸⁵ Liii570, Cel492 (988), Cel530 (999).
⁸⁶ See above, pp. 96–8. ⁸⁷ Li203; see above, p. 88.
⁸⁸ C30 (937), C107 (962), Li126 (938, single sheet), OD14 (964, single sheet),
Cel497 (950), S173 (960). For a wider range, see for example Sob71 (918), T35 (927),
SM54 (c.949), T73 (975), S332 (986), Cel409 (990), Liii575 (997).
The Language of Donation 109
⁸⁹ Although the voice of the charter text is the voice of the alienator, one might
think it was more in the interest of beneficiaries of gift or sale to see to the production
of a document—all beneficiaries, not just the major monasteries. Some donation texts,
however, are so personal it is extremely difficult to see them as other than the responsibility
of the alienator, and we know that both parties sometimes had documents made (see
above, p. 98). For more standard texts, beneficiary instruction must be a possibility: four
sales to the same purchaser, on the same day in 964, have almost identical formulas,
Lii371–74, for example. In such cases, we must presume that the drafters thought ‘basic’
texts appropriate for peasant alienations.
Appendix to Chapter 4
A N E X A M P L E O F A L E N G T H Y D O N AT I O N C H A RT E R
In this record of 3 June 963, the confessus Sunilano gives his son, the priest
Vermudo, his family monastery of Santiago and San Pelayo de Barbadelo in
Galicia, with substantial appurtenant properties and churches. The opening
invocation and salutation, and the final sanction, dating clause, and witness
list, are all close to standard formulas, but the long and repetitive disposition
is not at all standard in its arrangement and, although it draws from standard
formulas from time to time, its overall effect is to suggest a personal view of
hopes and aspirations. The witnesses listed are of very high status.⁹⁰
For a flavour of the text in English, here are some brief, freely rendered, pas-
sages.
‘I your poor servant Sunilano … salute you, our son, the priest Vermudo, in the Lord
God … I and the confessa Nunnita [his wife], and all the brothers, confirm your election
as abbot and guardian of this place … We give you, from God in heaven, this holy place
of St Martin, with its buildings and all appurtenances; where there is a more suitable
place for a monastery, you should build, and set it up, and attract good men, who will
help you in all good things, men who persist in the fear of God night and day, who
live by the holy rule, with their feet rushing to church, with their hands toiling, and
ensuring a reward for travellers and the poor. Use all your goods, and do not fail to pray
and celebrate anniversaries, do all good things, banish evil, work, so that you reap the
fruit of your labour in eternal joy and we receive a reward before God; and you, beloved
son, take care of all our goods, because we only assign Christ as your heir. And if a good
man should arrive, either one of our relations or someone unconnected, who should be
humble and obedient, he should receive your love; and he who is proud, contumacious,
and does evil shall have no part with you here … Always listen to our sound advice,
and spend your days on good works, and seek advice from good men, and show your
generosity, so that you offer God your soul; and everything which we give you, with
good heart, you shall have in perpetuity.’
In nomine sancte et individue Trinitatis, Patris et Filii et Spiritus Sancti. Ego
exiguus famulus tuus Sunilani confessus vobis patronis meis sancto Iacobo apos-
tolo et sancto Pelagio et omnibus reliquiis sanctorum, quorum hic continentur
ecclesia hic in Barvatello, quam edificavit Audilane et Teodemundus abba,
Visclafredoni abba, et in ultimo Nunnita confessa, et ipse Sunilane initiabimus
⁹⁰ Sam61.
Appendix to Chapter 4 111
et quantum potuimus tantum fecimus, quoniam mors antecedit nobis et quem
dominus adiutus fuerit renovet et conmutet in melius; et beatus homo qui
sperat in Te; et qui adiutus est a Deo; monet enim Dominus dicens ‘Date
et dabitur vobis’. Ego quidem Sunilani confessus tibi filio nostro Veremudo
presbitero in domino Deo eternam salutem amen.
Dubium quidem non est sed plerisque cognitum manet atque notissimum
patet cum sis tu filius meus iam quidem sacerdotali honori adeptus, nunc
tempus ego quidem confessionis iugo Christi militum totis viribus sanctorum
patrum normam desiderans, placuit mihi atque convenit propia mea voluntate
integroque consilio liberoque arbitrio, ut in Dei honore et tuo amore facerem
tibi filio meo iam dicto textum scripture de bonis meis, rebus, vel quicquid
visus sum habere, tam de aviis, tiis, avunculis vel parentibus meis, quam
etiam et de meo iermano Veremudo, presbitero, Pelagii filio, sicut ille mihi
concessit per textum scripture testamenti ecclesiam sancti Petri cum omnibus
suis bonis sicut in scripturas illius resonat in primis locum sancti Salvatoris
latere montis Parami, ripa Logii, cum omnibus bonis suis et suis familiis et
suos cartarios, priores, et antecessores, vel avolos et tios nostros usque ad
minimam rem cum omnibus edificiis, palatiis, et intus in ea, rem viventem,
iumenta, armenta, apes, et oves et omnes suas adiunctiones ubique in nomine
meo et de ipso priore fratre meo iam memorato ab omni integritate tibi
dono atque concedo; et aliam ecclesiam sancti Mametis erga ripa Logii cum
omnibus bonis suis sicut in scripturis suis vel testamenti resonat … [plus seven
further churches, seven villas, one with a church, and two hereditates, one with
a church].
Tam ego Sunilani simul et Nunnita confesa, vel omnes sui fratres, filii
Trodilli, nepte Visclafredoni abba, Dayldus presbiter, Vistressilli confesa, Fre-
denandus et Ioaquintus et Ayricus presbiter, hec omnia condonarunt nobis et
de illis abba et eligerunt vel tutorem loci illius, sicut et nos presentes fecimus
Deo iubente et scriptura dicente ‘Qui inter vos fuerit humilis et ultimus sit
vester dominus et qui fuerit inter vos maior sit vester servus’.
Ipsum locum sanctum iam prefatum sanctum Martinum cum cunctis edifitiis
et prestationibus suis et omnibus suis familiis et suis scriptis veteribus et novis
et omnibus bonis suis, et sanctum Iacobum cum omnibus bonis suis, unde
in primis inquoavimus et hic finimus, tibi concedimus a Deo excelso et, ubi
plus aptum fuerit locus pro monasterio, in omnibus istis locis facias, instruas,
edifices, et plantes et homines bonos ad te aplices qui te adiuvent in omnibus
bonis et, qui in timore Dei persistant die noctuque et, qui per regulam sanctam
vivant pedibus alacres ad ecclesiam, manibus ad laborem, et ad mercedem in
pauperes et peregrinos. Omnia vestra expendite et vestros votos et anniversarios
et kalendarios ne pigritetis, et omnia bona facite, mala dimittite, et facite
labores, ut reportetis fructum laborum vestrorum in gaudium eternum et nos
recipiamus mercis lucrum ante Deum; et du, dilecte fili, tene custodiam super
omnia nostra, quia alium heredem tibi non ponimus nisi Christum.
112 Appendix to Chapter 4
Et si de aliqua parte homo bonus advenerit ex propinquis aut extraneis, qui
plus humilis fuerit et obediens, caritatem, que culmen est bonorum operum,
ipse de manu tua accipiat, qui et pro te currat et nos non obliet; superbus et
contumax et maleficus nullam partem hic tecum habeat; humilis servus Christi
et ministri Dei et ancille Christi, qui pro animabus suis devote curam gerant.
Salubre nostrum audi consilium semper, et in operibus bonis dies tuos in
bono expende, et cum bonis consilium prebe, et distributorem te ostendas,
ut inamam tuam cum fructu bono Deo offeras; et omnia que tibi cum bono
animo concedimus habeas in perpetuum vel ille, cui tu omnia reliqueris in parte
ecclesie nostre; in parte extranea vel secularia aut fiscalia non promittimus nec
cuiquam. Insuper tibi dilecto filio nostro vel abbati concedimus ecclesiam sancti
Adriani in illo monte de Paramo, sicut illam obtinuit domnus Ambrosius, et
domnus Ranosindus nobis concessit per scriptura testamenti et de presura de
nostris intercessoribus vel aviis, et omnia nostra ubicumque potueris invenire.
Hec omnia suprataxata, que gratanter a nobis sunt adnotata irrevocavil-
ia permaneant secula cuncta … sequentibus temporibus hunc factum meum
infringere aut inrrumpere temptaverit vel presumpserit, nec vocem habeat nec
licentiam sed sit excomunicatus a fide catholica et a corpore et sanguine Domi-
ni, et cum Iuda Domini proditore habeat partem in eterna dampnatione; et
pro temporali pena pariat tibi vel voci tue omnia que in testamento resonat
duplata vel triplata et insuper unum auri talentum exsolvat post partem ecclesie
potestatis, et hec series testamenti in perpetuum habeat firmitatis roborem euo
perenni.
Notum die III nonas iunii era XIVa post milesima.
Sunilani confirmans in hac scriptura testationis et donationis manu propia
signum indidi. Nunnita confesa in hac series testamenti, quam fieri volui manus
mea confirmo.
Ranemirus princeps confirmo; Rudesindus episcopus confirmo; Giloira Deo
dicata confirmo; Veremudus serenissimus princeps confirmo; Froila Vimaraz,
armiger eius, confirmo; Rudericus Velasquiz confirmo; Naustas testis; Arias
testis; Alvitus testis.
5
Donation to Churches: Purpose
and Expectations
¹ See below, pp. 135–8. Exchanges usually involved exchange of one piece of landed
property for another. The language of exchange records hovered between that of sale and
gift: we find both donare and kartula vendictionis for the exchange in Lii386 (965), and
both dare and kartula vindicione for that in Lii388 (965), but karta commutationis could
also be used, as in the former.
² See below, pp. 135–6, for countergifts.
114 Donation to Churches
³ See above, pp. 30–4, for the classic literature on gift exchange and for studies
of early medieval giving, such as B. H. Rosenwein, To Be the Neighbor of Saint Peter:
The Social Meaning of Cluny’s Property, 909–1049 (Ithaca, 1989), especially 132–43.
Note the thoughtful assessment of the place of gift exchange in early medieval Frankish
societies in J.-P. Devroey, Économie rurale et société dans l’Europe franque (VI e –IX e
siècles), vol. 1 (Paris, 2003), 175–93.
⁴ See the excellent discussion of these issues by Stephen White, Custom, Kinship and
Gifts to Saints: The Laudatio Parentum in Western France, 1050–1150 (Chapel Hill,
1988), 26–7, 158; in contrast, A. Guerreau-Jalabert, ‘Caritas y don en la sociedad
medieval occidental’, Hispania, 60 (2000), 27–62, argued that no return was expected
for such gifts.
⁵ Lii357, for example; see further below, pp. 136–7. Cf. White, Custom, Kinship
and Gifts to Saints, 196, who argues that the distinction between gift and sale only
really appeared in the twelfth century; others have made the point for northern Spain
that sale became more evident in the late eleventh century, for example, M. I. Loring
García, ‘Dominios monásticos y parentelas en la Castilla altomedieval: el origen del
derecho de retorno y su evolución’, in R. Pastor (ed.), Relaciones de poder, de producción
y parentesco en la edad media y moderna (Madrid, 1990), 13–49, at 47–8. However,
in tenth-century northern Spain, the distinction between gift and sale is usually
sustained and is very clear in most sets of texts; the Cardeña collection, for example,
is an exception in having relatively few sale texts, although even these are clearly
differentiated.
Donation to Churches 115
F O R M U L A I C PI E T Y
Most gifts to the church in these collections were made for no return
in life. However, awareness of the post mortem return is often close to
the surface of the texts that record them. Just as they did in other parts
of Europe at the same time, some records display a clear understanding
of the causal relationship between giving in life and reward in heaven:
in the record of the gifts of Foracasas ibn Tajón to the monastery of
Sahagún of 1 January 955, after a long preamble and lengthy detail
of the gifts, the text continues ‘you can give alms to the poor and to
slaves from these gifts, so that (ut) I earn God’s pardon for my sins
through your holy intercession’.⁸ The record of the much smaller gift of
Fruela Vélaz and his wife of 23 June 964 concludes, after the invocation
and short disposition, that ‘from that [i.e. from the gift] there shall be
lighting for the altar, food for the monks, support for the poor, and alms
for the needy, and for us there shall be remission of sins before God’.⁹
The record of the gift of a villa by Genobreda and her son, Nuño, dated
17 April 970, after a relatively short preamble, goes on to say ‘we offer
our villa to God and to this holy monastery of Samos for the salvation
of the soul of Cesabi Efimariz, Nuño’s father … so that (ut) we shall
be worthy to find pardon for our sins before God’.¹⁰ The ideas here
are standard and formulaic in expression, but the explicit connection
between immediate value to Sahagún or Samos and long-term benefit
to the donor is particular to these records.
The reasons recorded for the overwhelming majority of donations
to churches were very general, with the same words repeated in many
charters from across northern Spain and across the century. Very
standard formulas were used, usually without language or intention
that was specific to the donor. These formulas were sometimes of the
elaborate kind discussed in the preceding chapter and were sometimes
brief and simple. If they were elaborate, a long preamble might provide
a religious context for the gift, emphasizing the terrors of the day of
judgment or hopes of eternal reward in heaven; usually some words of
intention were also directly linked with the giving words in the phrases
or clauses of the disposition (‘I give so that … ’). The purposes most
directly associated with the verbs of giving were remission of sin, pardon
for sin, intercession with the saints, or prayers from the monks, as in the
Sahagún and Samos examples above. However, it was salvation of the
soul of the donor, or of someone close to the donor, that features most
consistently in the records, either in combination with other purposes or
alone: pro anima mea (for my soul) or pro remedio animarum nostrarum
(for the salvation of our souls) or pro remedio animae fratris mei (for
the salvation of my brother’s soul) are the standard forms, although
occasionally there is expansion to take in the cure or care (cura) of the
soul (pro anima mea curam abeant).¹¹ In most of these Spanish charter
collections, just over half of the donations made for pious reasons refer
to the soul. Formulaic references to the soul are not in themselves
¹⁰ Sam102.
¹¹ For example, ‘ut pro remedio anime mee vel pro anima domno meo Gundissalbo
Telliz, trado … ’, C18 (929); the original ‘Ordonius rex et Urraka regina … Vovimus
votum Domino Deo nostro, ob remedium animarum nostrarum … ’, Lii298 (956);
‘Ita ut … duos agros et ipsa vinea … sit concessum pro animabus nostris’, S219 (964);
‘Conzedimus ibidem ipso monte, propter remedium animas nostras vel de parentes
nostros … ’, OD35 (993); the last three are on single sheets. The Latin cases vary; we find
pro animam, pro animae meae, pro remedium, pro remedio animabus nostris, and so on,
as well as the forms given above. For the expanded form, for example: ‘Concedo [duas
rationes] post parte monasterii … ut sit in manibus abbatis … ad cuius regimen fratres
fuerint reconditi, ut pro animam meam curam gerant’, Li175 (943).
Donation to Churches 117
anima/pro remedio animae; another 26% were made for unspecific pious
reasons, without using those particular formulas (they use, for example,
‘propter amore beatissimi paradisi et evadendum laquens penarum
inferni’, ‘ut merces michi eveniad per vestro intercessu apud Domini
copiosa’, ‘potius per eius intercessione aliquam ante Deum possim
invenire remunerationem’);¹⁵ another 12% were made for very specific,
stated, pious reasons; while about 14% of such donations, interestingly
and surprisingly, have negligible or no expressions of piety.¹⁶
Given the later frequency of the formula, and its influence on the
historiography of donation, the 42% mean for the occurrence of pro
anima/pro remedio animae is surprisingly low. As we can see, although
many collections reflect the mean, there are in fact some striking
variations from it. Most of these are not regionally differentiated, but
the low and very low proportions of pro anima grants in the far northern
Cantabrian and Asturian collections of the Liébana and Oviedo are
striking, while it is interesting that they have correspondingly high
proportions of specific pious reasons, as also does that from Otero de
las Dueñas. Celanova and San Millán collections—in very different
regions—are notable for their high proportions of records that have no
or minimal expression of pieties, even though grants to the church are
being recorded. While the explanation for such diversity must sometimes
be to do with individual actors’ instructions to the scribe, it must be likely
that record-making practice is the principal explanation—particularly
when collections from different monasteries in one region have divergent
practice. Looking at the chronology of occurrences helps to develop this
explanation.
The broad trend is that pro anima grants are much more common in
the second half of the tenth century than in the first. This trend does
not match the overall incidence of donations, since it starts later and
continues strongly in the last two decades of the tenth century, when
raw numbers of records decline. Although the Otero collection has few
records of donation to the church, it is nevertheless the 970s before the
formula occurs there; although it occurs in Sahagún material from the
920s, it is the 980s before the formula was obviously used in preference
to others; although it occurs in León material from the 910s, the 950s
are the years when the relative balance between use of this formula
and of other non-specific formulas changes; although many Celanova
records lack pious expressions, it is the 980s before the formula becomes
common; and for Samos, it barely occurs at all before the 950s. If
we look at collections with a significant number of charters on single
sheets, the point is made even more clearly: in León collections, while
both the pro anima formula and other expressions of pious motivation
occur on single sheets, the increasing use of pro anima from the 950s is
in records for which we only have cartulary copies. Take in particular
Ordoño III’s restoration of a suburban León church to the bishopric: the
cartulary copy adds ‘remedium anime avorum vel parentum nostrorum’;
the original single sheet does not have it.¹⁸ The low incidence of the
expression in the single sheets of the Otero collection is also striking.
Indeed, many of the records on single sheets from other sources have
¹⁸ Lii270 (954).
120 Donation to Churches
few pious expressions. What this seems to suggest is that, while pro
anima and pro remedio animae certainly occur in charters from the ninth
century onwards, they are not nearly as common as might be expected
during the tenth century;¹⁹ that usage clearly started to increase in the
last decades of the tenth century; and that it is one of the phrases that
tended to be added when cartulary copies were made in the eleventh or
later centuries. Notably, where it occurs in originals there tends to be
a strong monastic or royal interest; it is much less commonly found in
records made by local priests.
This means that, in effect, there was no contemporary stated rationale
for a significant (though immeasurable) proportion of tenth-century
pro anima gifts. While it is reasonable to argue that the long charters,
full of pieties, associated especially with the gifts of clergy, aristocrats,
lay religious households, and religious women, express a contemporary
ideology of expected reward in heaven, this cannot apply to many of the
shorter charters.²⁰ Where awareness of the reward is causally related to
the verbs of giving,²¹ or where the soul of a named relative is identified,
again it is reasonable to suppose that the record-maker, at least, shared
the reward ideology; but no comparable awareness is indicated by the
short charters with an unspecific pro anima/pro remedio animae.
S PE C I F I C PI E T Y
¹⁹ Although prayers for the soul (anima) of the dead feature throughout the surviving
liturgical ordines; see further below, pp. 122, 125.
²⁰ See above, pp. 106–8, for the people associated with elaborate expressions of piety.
²¹ As in the examples above, pp. 115–16.
²² Note that M. McLaughlin shows a comparably low (though higher) proportion in
her study of prayer for the dead in early medieval France, demonstrating that proportions
rose in the late eleventh century and also that the reasons, where demonstrable, were
often ‘crisis’ (e.g. deathbed) gifts; Consorting with Saints: Prayer for the Dead in Early
Medieval France (Ithaca, 1994), 123, 169–71, 262, 267. Cf. the notable increases in
Burgundy after 1040, Rosenwein, To Be the Neighbor, 204–6; and L. Feller on pious
donation as an eleventh-century phenomenon in central Italy, Les Abruzzes médiévales.
Territoire, économie et société en Italie centrale du IX e au XII e siècle (Rome, 1998), 821–2.
Donation to Churches 121
²³ Cel569, of 922; cf. Li75, of 927. For new foundations, and their increasing rarity
in the later tenth century, see above, pp. 50–1.
²⁴ For commemoration, see below, pp. 123–6; for the distribution of donations, see
above, p. 22.
²⁵ So also that from Otero de la Dueñas, although numbers there are also very small.
²⁶ Cel177 (952); Sam164 (989); S128 (950), S130 (951); Liii585 (999), for example.
Occasionally deals were made with lay persons in order to have candles lit or masses said;
see T64 (962?), Sob92 (934). Cf. the liturgical office of the dead and votive masses in Le
Liber Ordinum, ed. M. Férotin (Paris, 1904); for example, the prayer for the anniversary
of the dead at cols. 447–8.
²⁷ C29, Ov22. Although it relates to a later period, there is a very interesting attempt
to identify the cost of providing a mass in M. Aventín, ‘La familia ante la muerte: el culto
a la memoria’, in J. I. de la Iglesia Duarte (ed.), La familia en la edad media. XI semana
de estudios medievales. Nájera, del 31 de julio al 4 de agosto de 2000 (Logroño, 2001),
387–412, at 398–401.
122 Donation to Churches
²⁸ See Orlandis, ‘La elección de sepultura’, for discussion of donation for burial; his
discussion focuses on eleventh- and twelfth-century material and his statement, at 262,
that donation to the church was often accompanied by a request for burial in a specific
place would not hold good for the tenth century.
²⁹ C39 (942), C82 (952), C211 (999), Cel7 (950), Ov18 (974), Lii425 (973).
³⁰ C117 (964); see further below, pp. 139, 152, for this case. See also similar
arrangements with monasteries, although the specific place of burial is not specified in
the texts: SM64 (952), V22 (950), OD23 (978).
³¹ C60 (947), cf. C191 (984); Lii409 (968), cf. Liii512 (986), Liii550 (991); Liii566
(994); OD21 (976).
³² Sob5 (966); Rodrigo’s brother, Bishop Sisnando, was also party to the transaction
but this clause appears to refer to the couple.
Donation to Churches 123
D O N AT I O N F O R C O M M E M O R AT I O N
³³ See above, pp. 30–4, and nn. 99, 102, 104, 105, and 107 there for Spanish com-
ment. For the erection of substantial monuments in eleventh-century Spain, see R. Walk-
er, ‘Images of royal and aristocratic burial in northern Spain, c.950–c.1250’, in E. van
Houts (ed.), Medieval Memories: Men, Women and the Past (Harlow, 2001), 150–72.
³⁴ See above, pp. 36–44. ³⁵ Cel36. ³⁶ Sam151 (16 May 992).
124 Donation to Churches
D O N AT I O N F O R ‘ S E C U L A R ’ R E A S O N S
Gifts were also made to clerics, churches, and monasteries for entirely
different reasons, often for precisely the same kinds of reason that
gifts were made to lay proprietors;⁴⁶ these kinds of gifts were made to
persons or communities of power and property, whether religious or
lay. Some gifts to the ecclesiastical powerful were made in gratitude for
some recent event: for bringing a lapsed monk back to a monastery,
for saving a child, for paying a ransom to the Muslims; these donors
were literally giving thanks for very particular, one-off, events.⁴⁷ Others
were restorations of properties lost and returned.⁴⁸ More usually gifts
for non-religious, or outright secular, reasons were made because of
obligations to the recipient, whether externally imposed or voluntarily
undertaken. A little less frequently, gifts were also made to secure
support.
The most common occasions of obligation evidenced in records of
donation were those that arose from court rulings that property should
be handed over, from judicial or other pressures to compensate for
offences committed, and from requests to discharge debts. Because
bishops themselves served as judges, and one would therefore expect a
portion of the fines to have gone to them, some otherwise unexplained
‘gifts’ to clerics may in fact have been made for such reasons.⁴⁹ We often
do not know precisely why a court ruled as it did, or why a case went
to court in the first place, but sometimes there is some detail: church
proprietors took legal action against peasants who had gone, in one
case, into a local priest’s vineyard or, in another, on to a monastery’s
arable, and had begun digging or ploughing, as Dulquite did near
León in 978 and Belito and Kalendo did in Valdoré some twenty years
later; other intruders, doubtless more aristocratic, might seize whole
estates and start to work them.⁵⁰ In effect, disputed ownership (or
disputed rights to use land) lay behind many of these cases; the dispute
was sometimes explicit—shares in water mills were openly disputed
between two abbots, Citayo and Gomelo, in 977.⁵¹
When property was handed over in compensation for an offence,
there is often no record of a formal judgment and some of these gifts
may have been partly compensatory, but partly penitential. The offences
run from minor peasant thieving, like taking timber and stealing sheep,
to the fornication and adultery committed by peasants, aristocrats, and
clergy alike, and from that to assault and killing.⁵² Once when a man
called Rapinato got drunk, he rushed off to Sahagún in a rage, broke
down the doors, entered the monastery, and killed a monk; despite the
inebriation, there was probably a reason for his behaviour—perhaps
a good reason—but in this case the king intervened, confiscated his
parcels of property, and gave them to the monastic community. There
was no such royal intervention when Revel took some friends to Bishop
Sisinando’s estate and also killed, but subsequently Revel simply handed
over half his vineyard to the bishop.⁵³ Teodemiro’s case was similar:
walking along one day, round about 964, he came across a monk and
happened to stab him in the arm, so the story goes; the arm hung limp,
so Teodemiro rushed off to Sahagún, asked for pardon, and gave the
community a plot of land in Melgar.⁵⁴
Many of these compensation cases involved peasants. Discharging
debts by handing over plots of land also seems to have been a feature
of tenth-century peasant life in these regions.⁵⁵ Gifts of vineyards in
lieu of renders of wine and grain that should have been paid regularly
were made from the villages close to the monastery at Celanova, as they
were similarly made to a local priest on the meseta.⁵⁶ Gifts of land were
also made to priests and monasteries because they had helped out with
food and wine or cider in the past—sometimes explicitly because it
had been a ‘bad year’.⁵⁷ Monks and clergy helped out in bad times,
⁵¹ Lii452 (977).
⁵² Theft: Liii590 (999), Cel169 (962); adultery: Cel72 (952), Lii479 (980), Cel338
(989).
⁵³ S287 (977); Lii463 (979), cf. Lii464, of the same day, recording the names of
Revel’s guarantors.
⁵⁴ S218. ⁵⁵ See further below, p. 157.
⁵⁶ Cel411 (989), Cel409 (990), Lii457 (978); cf., on a much larger scale, the different
case of the abbot of Samos, who persuaded wealthy laymen to pay a debt on his behalf,
rewarding them with the gift of a villa in El Bierzo, Sam178 (988).
⁵⁷ V27 (950), OD14 (964), Lii465 (979); perhaps cf. Sam241 (969). See further
below, pp. 151–2.
128 Donation to Churches
and subsequently were repaid with a land grant; such transactions are
particularly characteristic of the villages round Celanova in the 960s but
did occur on the meseta too (though they are much less characteristic of
parts of Castile).⁵⁸
The other common, but not quite so common, non-religious reason
for making gifts to the church was in order to secure support of some
kind, whether in general or in some specific form. Purpose was expressed
in general terms that bishops and large monasteries, in particular, and
occasionally priests, should ‘defend’ estates, should keep a watchful eye
over the donor’s affairs (including his or her court cases), and should
give ‘help’, sometimes expressed through the formula ‘ut habeamus de
vos moderationem et defensionem’ (so that we have rulings and defence
from you).⁵⁹ We find a few peasants as well as aristocrats making such
gifts, and also the occasional member of the clergy, although aristocrats
are more evident; the woman Segesinda gifted Bishop Rosendo in
these terms in 932; a peasant couple gifted the priest Munio more
modestly in 978, and so on. Sometimes the gift for support was
couched in more specific terms in order to ensure supplies of food
and clothing in the future; and, unusually for these records, one abbot
gifted a nunnery in the city of León specifically in order to supply
his monks with clothing.⁶⁰ Again we find a wide social range involved
in such transactions, and clergy as well as lay people. The abbot who
secured clothing supplies was probably primarily concerned to acquire
commodities, but most of these people were seeking patronage. Indeed,
‘opting for patronage’ (eligere patrocinium) is a standard formula in
Abellar charters; the priest Melic, for example, gave water rights in
the river Porma to the monastery of Abellar and at the same time
accepted its patrocinium in 959.⁶¹ We do not have to suppose that such
transactions constituted ‘commendation’ and resulted in the exclusive
personal commitment of donor to patron that characterizes the classic
⁵⁸ See W. Davies, ‘Sale, price and valuation in Galicia and Castile-León in the tenth
century’, Early Medieval Europe, 11 (2002), 149–74, at 159–60 and 171–2, for a brief
discussion.
⁵⁹ Cel501 (932), perhaps Lii265 (954), Cel394 (956), Cel246 (969), Lii455 (978),
Cel519 (998). Sánchez-Albornoz’s word for this phrase was ‘protection’; see ‘Las behetrías:
la encomendación en Asturias, León y Castilla’, in his Viejos y nuevos estudios sobre las
instituciones medievales españolas, i. 15–191, at 75.
⁶⁰ Li180 (944); Cel575 (954), Lii462 (978).
⁶¹ Lii321; cf. Li42, in which patrocinium was transferred, Li175 (943), and Sob123
(867), in which freed slaves were to be under the patrocinium of the beneficiary church.
See also above, pp. 57–60, for ecclesiastical patronage.
Donation to Churches 129
⁶² See further below, pp. 153–4. For Spain, see C. Estepa Díez, Las behetrías
castellanas, 2 vols. (Valladolid, 2003), i. 41–3, pace the influential treatment of Sánchez-
Albornoz, ‘Las behetrías’; cf. A. Barbero and M. Vigil, La formación del feudalismo en
la península Ibérica (Barcelona, 1978), especially 155–200, 354–404. For European
parallels and contrasts see further the discussion below, pp. 160–3.
⁶³ Cf. the comments of C. Wickham, Framing the Early Middle Ages (Oxford, 2005),
438–41.
⁶⁴ Cel527 (950), S133 (951), Sam239 (985), S358 (998).
⁶⁵ See Davies, ‘Sale, price and valuation’, 154, for charts.
130 Donation to Churches
G E N D E R A N D S TAT U S I S S U E S
⁶⁶ Cf. indications of an extension of private lordship at this time; see references cited
above, p. 29 n. 90; and I. Álvarez Borge, ‘Estructuras de poder en Castilla en la alta
edad media: señores, siervos, vasallos’, in Señores, siervos, vasallos en la alta edad media.
XXVIII Semana de estudios medievales, Estella, 16 a 20 de julio de 2001 (Pamplona, 2002),
269–308, at 308.
⁶⁷ Although not always: the neighbours of the monk Liciano got together to make
provision for his mortalia near Valpuesta in 939 (V15).
Donation to Churches 131
son âme et se perpétuer (Rome, 2005), 401–16, at 416, that the occurrence of women
may be to do with the disposability of their property; this may well have been a factor
but given the disposability of all kinds of property demonstrated above, pp. 72–5, it is
very unlikely to be the sole explanation.
⁷¹ See above, pp. 108–9. ⁷² Li137, Lii351, Lii427, for example.
Donation to Churches 133
to say that the kinds of offence that are recorded are gendered: they tend
to be masculine acts.⁷³
I M P L I C AT I O N S
There are two very striking things about the preceding survey: the
proportion of pro anima gifts made in the tenth century was relatively
low, certainly less than half of all gifts to the church and probably a lot
less than that; and gifts were made to church bodies for reasons that had
nothing to do with piety. In a significant number of cases we do not
know the reason why gifts were made; in many the reason is suggested
by the (ecclesiastical) record-maker and may have nothing to do with
the donor’s motivation. Given that the pro anima formula may often
have been subsequently inserted into tenth-century texts, it is likely
that the proportion of gifts to the church for non-religious reasons was
significantly higher than the measurable 6% of donations to the church
that we can count.
For those gifts for which credible motivation is suggested, the role
of men in making donations for specific pious reasons, especially for
commemoration, is especially clear. The interest of aristocratic families
in ensuring their own commemoration is also clear, though at quite a
small scale. The former gives something of a distinctive character to
the region; the latter mirrors practice in western Europe as a whole,
although not in scale.
Gifts were made to the church to get something in the afterlife, to
get something at the point of death, and to get perpetual commemora-
tion—continuing in life, as it were, after death. Gifts were also made
because of obligations to church or monastery or to secure support in
life—of enormous importance as the route by which ecclesiastical prop-
erty increased (and not just to the benefit of large institutions, for local
priests like Munio and Melic benefited too, although their acquisitions
were often subsequently absorbed by the more powerful institutions⁷⁴).
Gifts for commemoration and gifts to secure support are both
notable in increasing, relative to the total number of donations, in the
last twenty years of the tenth century. This is particularly interesting
and suggests that, on the one hand, donation for ritual commemoration
⁷³ See further below, pp. 181–6, for gendered offences. ⁷⁴ See above, pp. 61–4.
134 Donation to Churches
C O N C E P TS O F G I F T A N D S A L E
One might argue about what constitutes a gift and what constitutes a sale,
but the distinction is one that was used by tenth-century writers: the language
of gift and sale was in most cases strongly differentiated, and the concept of
price was central to sale.⁷⁹ By ‘giving’ they meant transferring something to
another party, without a pre-arranged price or return gift being necessary to
validate the transaction (although a countergift might subsequently follow it);
by ‘selling’ they meant transferring something to another party, as a result of
contract between the two parties, for a pre-determined price, to be paid at a
pre-determined time.⁸⁰ Hence, charters of gift used words like donare, tradere,
and concedere (give, hand over, concede) and cartula donationis or occasionally
concessionis (charter of gift),⁸¹ while sale charters usually had the active verb
as vendere, to sell, with the document itself called a cartula vendicionis, charter
of sale, and a price, pretium, being specified. Hence, ‘we sell you a villa in
Fontasquesa and received a price of one bay cow’ or ‘a price which satisfied
me’; often texts include the words ‘I have accepted the price and nothing
remains’.⁸² This concern with price also occurs in composite records, like
the 940s text from San Millán in which a long list of separate small-scale
transactions has price associated with all those termed sales, but not with those
termed gifts.⁸³
Of course, gifts to the church might sometimes provoke a material countergift
in response, especially if the donor was a high aristocrat (the word for countergift
is usually (h)onor, sometimes offertio): a mule given to the countess in recognition
⁷⁹ Spanish scholars have pointed to clauses in the much later Fuero Viejo, which
indicate that sale transferred land without appurtenances whereas donation transferred
land with appurtenances; see Loring García, ‘Dominios monásticos y parentelas en la
Castilla altomedieval’, 46–8. Appropriate as that may be for the later middle ages, I
cannot detect any such differentiation in tenth-century text.
⁸⁰ Note the emphasis of Visigothic law on the appropriate time for paying the price,
Forum Iudicum V.iv. 4, 5.
⁸¹ See above, pp. 88–9, 104 for full examples.
⁸² S34 (930): ‘vendimus … Et accepimus de vos in precio una vacca laura’; S53 (933):
‘et alio precio que michi complacuit’; ‘et de ipso pretio aput vos nichil remansit sed
completum est’, Cel237 (934); ‘et de pretio aput vos devitus nicil remansit’, S120 (950).
⁸³ SM59 (943–51); in fact the gifts are, by contrast, explicitly pro anima.
136 Appendix to Chapters 5 and 6
of a large gift of land in 935; a rabbit skin given in acknowledgement of the
gift of a large estate in 954; a carpet and a tunic given in recognition of the
confirmation of a grant in 957; linen cloth for an act of corroboration in 960;
and the unusually large countergift of two yoked oxen, ten sheep, a blanket, and
a skin in the 980s.⁸⁴ In such cases not only was the language different but the
timing of the return and the level of obligation to make it were different from
the timing of the price payment and the necessity of making it. These were
presents—gestures of appreciation—and were clearly not a necessary condition
for completion of the main transaction. Countergift was not, therefore, the
same as price: the latter was defined and agreed in advance, and it was essential
to meet it in full; failure to produce the price, at the right time, would invalidate
the transaction.
In the vast majority of cases these distinctions between gift and sale,
countergift and price, were maintained. Although the essence of the distinction
was therefore usually clear and consistent, there are a few texts in which it was
not, and indeed where the concepts appear confused—hence we find kartula
donationis vel venditionis (charter of gift and sale);⁸⁵ or we sometimes find a
straightforward record of a gift which bizarrely terminates with a reference to
‘this cartula venditionis’.⁸⁶
Even more confusingly, sometimes transactions which appear to be gifts for
no consideration were called ‘sales’, and contracts for a price were called ‘gifts’.
Grants were made to court presidents, following judgments, as directed by the
judge, but are recorded in the language of sale;⁸⁷ gifts were made, without price
or countergift, and are called sales;⁸⁸ deals appear to have been done, for a price,
but are recorded as gifts;⁸⁹ gifts were made to the church, but framed as sales,
with the price to be paid in masses;⁹⁰ and gifts of food and sustenance were
made in hard times and subsequently retrospectively reframed as an advance
payment for property, a down-payment, as it were, on a future purchase.⁹¹
What did all this mean? We should not lose sight of the fact that most
records of sale recorded sales of land, for a specified material price, the price
changing hands at about the same time as the land; and most records of gift
recorded grants for no material consideration. We are dealing with a small
proportion of records that look confused. Although the authors of these texts
usually kept the categories distinct, occasionally they do not appear to have seen
them as so distinct. Sometimes they really seem to have been confused between
⁸⁴ C27, Lii265, V35, S178, S302; cf. S26, S285, Li168, Lii276, C23, C46, Cel570.
⁸⁵ Lii350, Lii357, Cel535, for example; cf. Lii285, S140; and a Catalan example of
989 noted by Ll. To Figueras, ‘L’historiographie du marché de la terre en Catalogne’,
in L. Feller and C. Wickham (eds.), Le marché de la terre au moyen âge (Rome, 2005),
161–80, at 163.
⁸⁶ SM90, Cel456, for example. ⁸⁷ Cel393, Liii578. ⁸⁸ S75.
⁸⁹ Liii585, Cel394; cf. Cel535. ⁹⁰ Li137, C29 (see above, pp. 121–2).
⁹¹ Cel436. See further below, pp. 152, 156–60.
Appendix to Chapters 5 and 6 137
categories; but sometimes, although their records look confused, their thinking
can be explained. A family exchanged property with the monastery of Cardeña
in 941: they gave the abbot houses, a garden, and land around the church of
San Torcuato, and received in return houses, a garden, two plots of land, and a
vineyard elsewhere, as also a skin; the verbs used are ‘exchange, sell, and hand
over’, the document is called a ‘charter of sale and exchange’, and what they
received is described as ‘countergift and price (accepimus ex vobis in honore vel
precium una vinea … )’.⁹² Two records concerning Munio Fernández fall into
this category and, given that he was involved in a number of transactions of
both gift and sale, this is interesting.⁹³ In 996 a married couple ‘sold and gave’
him and his wife a vineyard in the Ardón valley and received a horse from them
‘as price and gift’; the charter is twice called a ‘charter of sale’.⁹⁴ The other
concerns a gift made the following year after one of Munio’s court judgments,
although the text is called a ‘charter of sale’ and the active verb is ‘we have
agreed to sell’; in the price clause the writer has then inserted the outcome of the
judgment, in place of a price.⁹⁵ There is clearly confusion in these cases about
what kinds of transaction are being recorded and which formulas to use. In the
latter case the author has decided to use the sale formulas, even though they
don’t quite fit; in the Cardeña case the author decided to use the sale formulas,
and adapt them slightly to allow for the fact of exchange. There is a kind of
rationale here. Reading between the lines in the Cardeña case, it looks as if a
deal was done to stop the family building more houses round the church (the
text specifies that they have given up the right to build any more there), and
it looks as if they received a little more than they handed over; so there was a
contract, and there were sweeteners—as well as exchanging they received both
a bit more, as ‘price’, and also a skin, as countergift.
In the Munio case, and in ‘sales’ for good that had been done in the past,⁹⁶
sale formulas appear to have been chosen because it was land that was handed
over, rather than movables, in compensation for deeds done in the past. There
is some sense here that the record-makers thought that using land to meet debts
or fines or compensations ought to qualify as contractual sale. Differently, in
other cases, like the ‘sales for masses’, the reciprocal element in donation to the
church seems to have come to the fore; the fact that something was expected
⁹⁷ S140.
6
Gesmira, Recosinda, and Nuño
Sarracíniz: Donation to Lay Persons
In 950 Gesmira gave all her property in the villa called Torre to
the lay couple Flaino and Brunildi, so that they could take her into
their house and look after her, as well as taking care for her soul
after her death. In 962 Recosinda gave half of her land in a villa in
Ujo to the couple Taurelo and Principia, also lay, so that they could
provide her with bedding and warmth. In 964 Nuño Sarracíniz gave
property in Orbaneja and Villímar to the priest Iñigo so that he would
look after him in infirmity and old age, as well as make sure that he
was properly buried.¹ Providing for care in old age is one element
in the complex web of reasons for gift-giving in these tenth-century
Spanish societies.² In two of the above cases the recipients were not
churches or clerics, as we usually expect of transactions recorded in early
medieval charters, but lay couples. How much gift-giving went to lay
beneficiaries? To what extent was gift-giving in order to secure material,
practical, support of this kind a particular feature of donation to the
laity?
D O N AT I O N TO T H E L A I T Y
¹ Li222, Lii357, C117; see above, pp. 116–22 for grants for care of the soul, and for
provision of religious ritual.
² A well-known later medieval practice, as recorded, for example, in the corrody; see
B. Harvey, Living and Dying in England 1100–1540 (Oxford, 1993), 179–209. Dr
Harvey points out that care could be provided as much for the young as for the old, and
that it might include distribution of food to those living outside the monastery as well as
to the ‘monastic lodger’, ibid., 179, 208.
140 Gesmira, Recosinda, and Nuño Sarracíniz
reasons are stated in the texts for what motivated the donors; while
one can speculate about the motivation, they have to be excluded
from primary analysis of what lies behind these actions. That leaves
just under eighty cases, spread across the whole century and across all
collections. Although widespread, it is nevertheless interesting that gifts
to the laity are significantly under-represented in Castilian collections;
this is particularly notable in the large data sets from Cardeña and
San Millán de la Cogolla (where they constitute only 3% and 1%
of donations respectively), especially since donation is much more
prominent than sale in these groups of charters. By contrast, gifts to lay
persons are over-represented in the substantial Sobrado and Celanova
collections from Galicia (46% and 24% respectively), although in these
cases the over-representation can be explained: most of the Sobrado
examples, which fall between 916 and 952, were gifts to Ermegildo and
Paterna, whose estate became the core of the monastery’s foundation
endowment.³ Most of the Celanova examples fall between 924 and 947;
many of these were gifts made to Countess Ilduara, mother of Bishop
Rosendo and founder with him of that monastery. The presence of
these two groups skews the figures: because of their association with
Sobrado and Celanova in their foundation years, there is an unusually
high survival rate; and, although made to a lay woman in the Celanova
case, many of those gifts appear in fact to have been destined for the
monastery.
A fifth of donations to the laity fell in the 960s and another fifth
in the 980s and 990s. Although the 990s figures are again skewed by
an accident of survival—the inclusion of the family archive of Pedro
Flaínez in the Otero de las Dueñas collection, which accounts for nearly
half of the examples⁴—these decades still reveal a disproportionately
high number of gifts to the laity; it was the 950s not the 960s, it may be
recalled, that were the high point of recorded giving in the tenth century
and the 980s and 990s saw a decline in all kinds of recorded transaction,
including donations.⁵ Overall, then, it appears that donation to the laity
was a notable feature of practice in Galicia and the western meseta, but
it was not so notable in Castile. It occurred throughout the century but,
although numbers at the end of the century are very striking, uneven
Gifts to
Number of laity as %
gifts to of all
laity gifts
Cel 26 24
Sam 4 8
Sob 32 46
L 30 12
OD 11 65
S 20 12
C 3 3
SM 1 1
V 0 0
Ar 1 6
A 0 0
SJP* 1 14
T 10 28
Ov 2 25
Total 141 14
* a suspect charter
⁶ Figures for the Liébana, to the north, in Cantabria, are also high but relatively early
in occurrence; figures for Oviedo are high but numbers negligible; figures for Otero are
high because of the lay archive.
142 Gesmira, Recosinda, and Nuño Sarracíniz
C O U RT D E C I S I O N S
¹⁰ e.g. C192 (984), Cel74 (963); see also above, pp. 44, 73–4, for transactions of this
kind; transmission of property by charter within families is unusual, although there are
hundreds of incidental references to the fact of transmission to relatives.
¹¹ See below, pp. 168–70.
¹² OD27 (987), S332 (986), Cel436 (924), Sam6 (997). For gifts of this kind to the
clergy, see above, pp. 127–8; and in general see below, pp. 151–2.
¹³ Cel172 (943), T64 (?962); cf. the sales for masses at Sob92 (934), C29 (937).
¹⁴ Cf. also Portugaliae Monumenta Historica a saeculo octavo post Christum usque ad
quintum decimum, 3, Diplomata et Chartae, ed. A. Herculano de Carvalho e Araujo and
J. J. da Silva Mendes Leal, vol. 1 (Lisbon, 1868), LVIII (949).
144 Gesmira, Recosinda, and Nuño Sarracíniz
and failure to pay due rents.¹⁵ Gifts made in order to pay off debts,
although they were often made as a result of agreements rather than of
court decisions, are similar and were made to lay landlords just as they
were to ecclesiastical landlords.¹⁶ Plots of land were given as a substitute
for twenty-three missing measures (perhaps sacks) of corn and for forty
sesters of cider, for example, as well as for debts that were not detailed.¹⁷
Fines are more complicated. There are some isolated examples, from
as early as the 930s, of fines being paid for offences committed, although
the exact circumstances of these isolated cases are often unstated. A false
land claim in Castile led to a fine being levied on the claimant, a fine
assessed in money terms, but the role and status of the beneficiary is
unclear from the record; whether or not the half-vineyard given to court
president Godesteo Menendiz by the dowry-less Eldesenda at the end of
her case was a fine or some kind of compensation is not certain, as also
where blame attached in this episode; nor do we know precisely why
Bonmenti had to give Cecilio meat and cider following a case about a
cow.¹⁸ On the other hand, early Sobrado cases are clear that fines were
paid to the court president for theft, but in most cases they are unclear
about what, if anything, went to the injured party.¹⁹ The entirely clear
fine payable to the king, King García Sánchez I, following a land dispute
in Navarre, unfortunately comes from a suspect record.²⁰
There are, however, two groups of fines paid in the 990s which are
much more illuminating; although they certainly leave some questions
open, this kind of donation begins to let us see how local dispute
processes worked, as well as different levels of interaction between
locality and representatives of the ‘state’. One group comes from the
Otero collection, from the Pedro Flaínez archive,²¹ and the other from
the Leonese collections of San Antolín del Esla and San Juan de León.
The former concerns fines paid to Count Flaino Muñoz and his wife
¹⁵ Cel456 (940), Liii559 (993), Cel248 (before 991), Lii378 (964), OD37 (994),
OD40 and OD41 (995); cf. Portugaliae Monumenta Historica, CXI (975).
¹⁶ See above, pp. 127–8.
¹⁷ S198 (962) and Cel229 (947); cf. Sam132 (before 978) and Sam178 (988).
¹⁸ SM23 (936); Lii355 (962); Lii473 (before 980).
¹⁹ Sob54 (930), Sob21 (931), Sob24 (931), Sob29 (931). The perhaps wrongly-dated
Sob75 (858) appears to indicate a fine to the judge and compensation to the injured
party.
²⁰ SJP18 (948).
²¹ See C. Estepa Díez, ‘Poder y propiedad feudales en el período astur: las mandaciones
de los Flaínez en la montaña leonesa’, in Miscel-lània en homenatge al P. Agustí Altisent
( Tarragona, 1991), 285–327.
Gesmira, Recosinda, and Nuño Sarracíniz 145
Justa and the latter concerns fines paid to Count Munio Fernández and
his wife Elvira.²² Most of these records are explicit about the fact that the
count held the court and received the fine. Flaino’s cases involved assault
and wounding, rape, theft, and attack by siege; Munio’s included theft
and adultery; in other words, these are the kind of serious breaches of the
peace, as offences against the whole community, in which rulers came to
have an interest, as criminal legal systems developed alongside essentially
compensatory civil systems.²³ Now, although it was their role to hold
the court, it would appear that the counts and their families benefited
personally from these gifts: the properties given them as fines were not
passed on to the ‘state’ nor passed to the victims as compensation,
for they were subsequently transmitted along with the counts’ family
properties.²⁴ In one of Munio’s cases it is recorded explicitly that one
payment went to the victim and the other to the count, but that is very
unusual—‘we had to make a payment to him [the injured man] of a
horse worth 40 solidi and we had to give another horse to Count Munio
Fernández worth another 40 solidi’; as often happened, a grant of land
was made to the value of 40 solidi rather than chattels or cash being
handed over.²⁵ We see very clearly here that one reason for donation
to the laity was the result of judicial process, the fines going to build
up the personal property of counts, and perhaps others, who presided
in court. Was this legitimate appropriation? A form of payment for
the service the count provided? ²⁶ A mechanism for warning people
to behave? To see counts receiving fines for fornication is particularly
unexpected; one might have expected penitential payment to go to the
²² OD31 (991), OD33 (992), OD34 (993), OD44 (998); Liii556 (993), Liii561
(994), Liii578 (997).
²³ The development of the English legal system is a classic example of this process; see
P. Wormald, The Making of English Law: King Alfred to the Twelfth Century (only 1 vol.
of a 2-vol. work published, Oxford, 1999), i. 25, 147–8, 364, and passim; it is expected
that ch. 9 of vol. ii, which is particularly relevant, will be published posthumously. I am
grateful to Stephen Baxter for this advice.
²⁴ Cf. the disposal of Munio’s property, Liii743 (1016), and some of Flaino’s, OD82
(1009).
²⁵ ‘et pectavimus ad illo uno kavallo in xl solidos et proinde abevimus a dare alio
kavallo a comite Monio Fredenandiz de alios xl solidos’, Liii578; cf. also Liii624
(1002). Julio Escalona reminds me that many of the secular sanctions attached to
charters imply that compensation went to the injured party when transactions went
awry. For the significance of paying in land rather than chattels, see further below,
pp. 219–21.
²⁶ There was a long distant background in Visigothic law of paying judges fees for
hearing crime cases, Forum Iudicum II.i.24.
146 Gesmira, Recosinda, and Nuño Sarracíniz
church, and/or compensation to the family of one party, rather than the
exaction of secular penalties.
It is worth looking at these counts in a little more detail. Munio
Fernández took part in the noble rebellion against the king of León
in 991, although in 989 he had received a major grant of land near
Coyanza (now Valencia de Don Juan, south of León) from the king; he
was back in court circles by 992 and his family seems to have been in
close touch with the royal family—his son Pedro received royal grants
too and the king himself witnessed Munio’s monastic endowment in
1011.²⁷ Munio and his wife continued to receive property in lieu of
fines until at least 1008, although it looks as if his active period in
court was coming to an end around 1010. They also received gifts for
unspecified reasons until 1011, and were involved in many exchanges
of property.²⁸ In 1011 he and his wife founded the monastery of San
Juan Bautista within the city of León, making generous endowments
and putting Abbess Teresa in charge.²⁹ Five years later we hear of
the division of his heritable land between his four children and must
presume him dead. His property essentially lay in a block lying to the
south and south-west of León, stretching for 40 km, roughly bounded
on the east by the course of the river Esla, and running for about 20 km
to the west of this line. Property that came to him and his wife as
fines came essentially from within this block—in other words, he was
presiding over courts in this area and dealing with offences committed
within it.
Flaino Muñoz had a more northerly orientation and his family
focus lay 40 km to the north-east of León, on the southern side
of the Cantabrian mountains (the Alto Esla). One grandfather may
have been the Flaino whose assistance Gesmira had sought in 950;
another was Vermudo Núñez, an associate of the king’s in the 940s and
950s, who made substantial grants to Sahagún.³⁰ Flaino’s father and
mother, Munio Flaínez and Froileva, were very prominent landlords,
²⁷ Liii559, Liii530, Liii623 (1002), Liii701 (1011). See P. Martínez Sopena, La tierra
de campos occidental (Valladolid, 1985), 333, 337–8, who points out that Munio was
from the family of the counts of Saldaña.
²⁸ Fines: Liii603 (1001), Liii624 (1002), Liii630 (1003), Liii632 (1003), Liii671
(1008); gifts for no specified reason: Liii573 (996), Liii694 (1011), Liii721 (989–1013).
²⁹ Liii701.
³⁰ S93, S98, S99, S101, S104, S129, S130, S145, S146, S147, for example. Flaino’s
sister Jimena identified Vermudo as her grandfather, S328 (985); he was Flaino’s
mother’s, Froileva’s, father; although much of his property was in the Sahagún region he
did also have property in the mountain region of Valdoré, as did Flaino, S114 (949). See
Gesmira, Recosinda, and Nuño Sarracíniz 147
Martínez Sopena, La tierra de campos occidental, 331; Estepa, ‘Poder y propiedad’, 296,
289 n. 14.
148 Gesmira, Recosinda, and Nuño Sarracíniz
³¹ Lii286 (955), Lii305 (958), OD6 (947), OD11 (961), OD12 (961), S107 (947),
S108 (948), S178 (960), S191 (961), for example. See Estepa’s discussion of his
acquisitions, ‘Poder y propiedad’, 289–90 and 296–7; he argues that Munio was
displaced from the Cea valley to the north (though Martínez Sopena, ‘El conde Rodrigo
de León y los suyos. Herencia y expectativa del poder entre los siglos X y XII’, in R. Pastor
(ed.), Relaciones de poder, de producción y parentesco en la edad media y moderna (Madrid,
1990), 51–84, at 53, suggests that the family may already have been mentioned at
Valdoré, in the north, in 854).
³² S198; S201, S205, S213. ³³ S328, S357; S352.
³⁴ OD31 (991), OD33 (992), OD34 (993), OD43 (997), OD44 (998).
³⁵ OD82.
³⁶ OD42 (996), OD70 (1006), OD71 (1006), OD73 (1007), OD76 (1008),
OD99 (1014), OD181 (1027), OD213 (1035), OD227 (1039), OD241 (1046), for
example.
³⁷ See Estepa, ‘Poder y propiedad’, 300; cf. OD245 (1048), OD253 (1057).
Gesmira, Recosinda, and Nuño Sarracíniz 149
DOING GOOD
The other prominent reason for making gifts to the laity was because
the beneficiary had done some good—literally bonum facere —to the
donor, in other words had looked after (or was to look after) the donor in
some way. Hence, the two brothers Pepino and Petronio gave Fraterno
and his wife half an orchard in Argüebanes (on the edge of the Liébana
valley) in 875, ‘so that they should do good’ to the brothers; a man called
Eulalio in 915 gave the couple Vicencio and his wife his share (sorte) of
land in Viñon (also on the edge of the Liébana valley) inherited from
his parents, ‘so that as long as he lived they should do good to him and
provide clothing’; while a woman, another woman and her male cousin,
and a man, on three separate occasions in 962–63, gave land in the
same region to the couple Savarigo and Guestrilli because of the good
that had been done—in bad times, in the first two cases.³⁸ Although
some of these people were clearly peasants, the woman Severa (one of
those who gave in 962) was equally clearly an aristocrat, with property
scattered in several locations. The formulation of ‘doing good’ is only
rarely reflected elsewhere in tenth-century charters and appears to be a
particular characteristic of the way relationships were conceptualized in
this northern, Cantabrian, group. The only other direct parallels are the
León charters recording Gesmira’s gift to Flaino and Brunildi, so that
‘during my lifetime you should do good to me’, although interestingly
this may have come from a mountain context to the north of the
meseta; and Recosinda’s gift to Taurelo and Principia of half her share
of family land ‘because you do me much good’, also from the north, in
Asturias, about 20 km south of Oviedo.³⁹ The phrase also occurs in the
tenth-century record of the aristocrat Segesinda’s gift to a bishop in the
north-west (Rosendo) so that he should ‘do good to me and support my
cases in court’.⁴⁰
³⁸ T13, T22, T64, T65, T69 (a slightly different case—see further below, p. 151).
³⁹ Li222, Lii357; see above, p. 139, for Gesmira and Recosinda, and pp. 24–5, for
the northern context.
⁴⁰ Cel501 (932); cf. Lii455 (978), a couple to a priest ‘pro que mici bene facis’ and
Portugaliae Monumenta Historica, LXVII (953), a woman to the monastery of Guimarães
‘ut eis benefaciatis’. See above, pp. 127–8, for support sought from religious bodies.
150 Gesmira, Recosinda, and Nuño Sarracíniz
What was all this ‘doing good’ about? What in practice did it mean and
what were the couples who were also themselves beneficiaries providing?
These and related texts have a major place in Spanish historiography since
Sánchez-Albornoz devoted an important early paper to the subject.⁴¹
He argued that these texts provided evidence of the continuation of
late Roman commendation, in two distinct forms, on the one hand by
the donor agreeing to serve the patron in return for food and clothing
and on the other by the donor transferring property to the patron
in return for protection; further, he argued that commendation was
widespread in the tenth- and eleventh-century Astur-Leonese kingdom,
even where the texts were silent about it;⁴² and that the benefactoría cited
in eleventh-century texts (in which the right to choose a lord featured)
subsequently developed into the distinctive lay lordship of the behetría
of the later middle ages. Recently Carlos Estepa has shown, in a major
work, that these were not forms of commendation in the commonly
understood sense, that the word benefactoría referred to the bestowal of
benefits in a rather general sense; that the reasons for the development
of the behetría were many and various; and that bonum facere and
bene facere did not evolve directly into the behetría.⁴³ The idea that
there was widespread commendation in northern Spain, of the kind
epitomized by the seventh-century Frankish Formulary of Tours (that is
Although other texts do not use the bonum facere expression, they
record gifts made for very comparable reasons. Though made to a priest,
Nuño Sarracíniz’s grant for care to be provided in old age is reminiscent;
so is Sanzone’s, also to a priest, because he had provided bread for
his son, goat milk for his daughter, and clothing for himself, in ‘that
awful year’ (isto anno pessimo), when he was dying of hunger; and so
is Leocadia’s to the monastery of Abellar for ‘clothing, shoes, food,
and heating’—all donations to religious institutions but cast within a
comparable social and economic framework.⁴⁹ In Galicia Gondesendo
gave a share of a smallholding to a layman because he had given him
bread and wine and had provided for him (guvernasti) in a bad year
from March until July.⁵⁰ It is also implicit in the (abused) gift that
Reparado and Trasvinda made to their cousins that the cousins should
look after them in old age—as was clearly not to be the case.⁵¹A rather
more political version of this kind of support comes with Valentino and
Donna’s gift to a lay couple because they had protected them from the
fisc and from the judge (de iudice).⁵² Assistance given in bad times, be
it by layman or church, may have looked at the time like a free gift but
clearly it often set up an obligation to repay the gift when times were
better, a kind of debt.⁵³ Those with resources could disburse the surplus
they had to spare, expecting some kind of return at an unspecified point
in the future.
Nearly all of these cases are about practical support—deals done
with the rich to get essential supplies, especially food, when times were
bad.⁵⁴ Lay couples, in particular, were often the beneficiaries of the gifts
⁴⁹ C117 (964), V27 (950), Lii462 (978); see above, pp. 127–8. Cf. Sam241 (969),
a sale to the monastery of Samos by the woman Frogildi, for food, drink, and clothing
that had been received.
⁵⁰ Cel436 (924); cf. Portugaliae Monumenta Historica, CXXXV (982).
⁵¹ See below, p. 185. ⁵² S332 (986).
⁵³ Cf. the very similar ninth-century Italian cases cited by L. Feller, ‘Enrichissement,
accumulation et circulation des biens. Quelques problèmes liés au marché de la terre’,
in L. Feller and C. Wickham (eds.), Le marché de la terre au moyen âge, (Rome, 2005),
3–28, at 21–4. Fustel de Coulanges, Les origines du système féodal, 101, in the context of
discussing the fifth-century Gaulish work of Salvian, remarked that the giver may have
looked liberal but was actually creating a debt.
⁵⁴ Gifts of food and clothing are reminiscent of the victum et vestimentum phrase
which occurs in the Tours commendation formula, which has seemed to many scholars to
reinforce the commendation argument; see, for example, Orlandis’s elaborate treatment
of food and clothing for those entering the familiaritas relationship with monasteries
that he proposed, although his examples come overwhelmingly from the twelfth century,
‘ ‘‘Traditio corporis et animae’’. Laicos y monasterios’, 222–3, 309–38 (see further above,
pp. 53–4), and Barbero and Vigil, Formación del feudalismo, 384. However, the Tours
Gesmira, Recosinda, and Nuño Sarracíniz 153
formula guarantees service in return for food and clothing, whereas service is not specified
in these particular Spanish contexts; gifts and sales for victum et vestimentum are in fact
very uncommon in this tenth-century material (although see Sob10 (943), Portugaliae
Monumenta Historica, CIII (971)); and in charters the phrase victum et vestimentum is
more likely to refer to gifts made in order to supply the poor or monks than to refer to
handouts to a donor (e.g. S144 (955): ‘pro victu atque vestimento monachorum’; Sam93
(951), S165 (959), Sob5 (966), S303 (980)).
⁵⁵ But for gender differences overall in donating to the laity, see above, p. 141.
154 Gesmira, Recosinda, and Nuño Sarracíniz
G I F TS TO T H E L A I T Y F O R N O A P PA R E N T
REASON
contain few clues about what was happening. Having examined those
made for stated reasons in some detail, we are now in a position to make
some suggestions. Nearly three-quarters of these unexplained gifts were
made to couples; they were made by men, women, and mixed groups,
but mostly by couples. They occurred from late ninth to late tenth
century, but notably in the 960s; and they occurred in most collections
and most regions, with the exception of Castile.
The basic profile of this gift-giving therefore reflects that of gift-giving
to the laity for stated reasons. Clearly these gifts for which we have
little detail, some of which are gifts by profiliation, could have been
made for all kinds of reason, including all of the reasons cited above.⁵⁸
There may well have been deals between family members; there was
doubtless some movement of property between members of the royal
family and its close associates;⁵⁹ and there was probably some gift-giving
in order to clear debts, make rewards for past service, and pay fines
and compensations. Some of these gifts, like those made to Gutier and
Ilduara in Galicia, may in fact have been ultimately destined for the
church: one church was given to a lay couple for their lifetime only, to
be passed on to Sahagún.⁶⁰ Others, from ‘your servant’ (servus), were
made to lords (domini) and presumably met the terms of some personal
obligation.⁶¹
Some of the couples who received gifts for no stated reason are
exactly the same wealthy couples who took fines or who received gifts
for support that had been provided in hard times.⁶² Most of the gifts to
Munio Flaínez and his wife were made for no stated reason, although
we know that one gift was in lieu of debt, as also that Munio’s son
was a count and took a number of fines; and that Vermudo Núñez,
his father-in-law, had received such gifts too. Count Munio Fernández
and his wife Elvira are another such case, receiving many fines as well
as the occasional gift for no apparent reason. These families bought and
exchanged a lot of property as well as receiving gifts, just as Savarigo and
Guestrilli in the Liébana gave and bought land, as well as receiving gifts
⁵⁸ See above, p. 84, for profiliation (i.e. adoption), and see further below, pp. 160–1.
⁵⁹ Cf. Cel493 (918).
⁶⁰ For example, Cel518 (931), Cel218 (936), Cel509 (937), etc.; S25 (921).
⁶¹ Li3 (864), Li4 (870), Sob52 (930), Sob30 (955), Lii356 (962), Sam132 (before
978). Barbero and Vigil, Formación del feudalismo, 382, treated the ninth-century León
grants noted here as evidence that the ‘servants’ had previously received goods from their
masters.
⁶² See above, pp. 141, 143–6, 152–3.
156 Gesmira, Recosinda, and Nuño Sarracíniz
G I F TS F R A M E D A S S A L E S ?
⁶³ T52 (947), T53 (950), T54 (951); T65 (962); T64, T69.
⁶⁴ T18, T21, T23, T25, T26, T27, T32, T36, T39, T40, T42; T41 perhaps implies
that Bagaudano had received the property exchanged as a fine. Barbero and Vigil’s
suggestion, Formación del feudalismo, 380, that his family property was transferred to
San Martín of Turieno, of which their son Opila became abbot, and that Savarigo was
another son, is entirely reasonable.
⁶⁵ For example, Sob67 (920), Sob79 (927), Sob101 (931), Sob102 (935), Sob87
(953), Sob89 (953).
⁶⁶ S158, S169, S182, S187, S194, S199, S210, S223, S237; S260, S268, S269, S272,
S273, S278, S282; S284, S285, S308.
⁶⁷ Lii352, Lii360 (see below, p. 186), Lii406.
⁶⁸ Hence gifts by profiliatio, by adoption; S178 (960), S191 (961), for example.
Gesmira, Recosinda, and Nuño Sarracíniz 157
purchases.⁶⁹ When Matezia and her cousin gave land to Savarigo and
Guestrilli in recognition of the good the couple had done them, that
transaction was recorded as a sale, with both the good done in the past
and the food which had been handed over described as the price paid
for the land; and when Recosinda gave Taurelo and Principia half her
land in Ujo for the good they would do her in the future, that record
was described as a ‘charter of gift and sale’.⁷⁰ A woman, Gogina, also
‘sold’ the priest Braolio half an orchard in recognition of grain he had
supplied to her.⁷¹ Shifting the perspective a little towards debt, two
men, Martín and Félix, ‘sold’ to a man called Arias and his children
their share of some enclosed land (dehesa) in Fontecha, in lieu of the
grain, wine, and cheese they owed him; a widow, also called Guestrilli,
‘sold’ the priest Munio her vineyard in 978 in lieu of the wine that she
owed him, worth thirteen and a half solidi;⁷² and the following year,
with her sons, she ‘sold’ the same priest a plot of land for grain owed.⁷³
As we have seen, ‘gifts’ of vineyards they owned were also made in
lieu of regular renders of wine and grain owed by villagers close to the
monastery at Celanova.⁷⁴ Now, as in the latter case, when debts were
discharged or past assistance rewarded by handing over plots of land—a
characteristically peasant practice—the transaction was usually called a
gift; however, sometimes exactly the same kind of transaction was called
a sale, as if the unpaid rent was a price the beneficiary, by writing it
off, paid in advance for some land; and as if the gift made to assist
the needy was similarly a price paid in advance for property. In effect,
when the ‘debt’ was discharged with a gift of land, the food given by the
priest or lay lord and the rent unpaid became—retrospectively—the
⁶⁹ Bagaudano and his wife were central to the interpretation of Barbero and Vigil,
Formación del feudalismo, 377–80, where their purchases are interpreted as transactions
which initiated relationships of dependence. In this they mirrored the approach of
Sánchez-Albornoz; see above, pp. 150–1.
⁷⁰ T65; Lii357 (the text is more of a gift text than a sale text but it is twice called
kartula donationis vel venditionis); see above, pp. 139, 151. See further above, pp. 136–8
for discussion of ‘confusion’ between the categories of gift and sale.
⁷¹ OD14 (964).
⁷² A different individual (from the ‘territory of León’) from Savarigo’s wife, who was
located in the Liébana.
⁷³ Lii371 (964); Lii457; Lii465, a problematic text as it stands because it literally says
that the priest owed the woman the grain (‘pro illa cebaria de renobo que mici abuisti a
dare’); the only reasonable sense to make of it is that it was her debt and that the endings
of the verbs are incorrect.
⁷⁴ Cel411 (989), Cel409 (990); see above, pp. 127–8. See above, pp. 18–21, for
the combination of proprietorship and tenancy that was characteristic of some peasants’
property rights.
158 Gesmira, Recosinda, and Nuño Sarracíniz
Munio Flaínez and his wife half a plot of land for bread and wine;
and so on.⁷⁹ The same Taurelo and Principia who received gifts from
Recosinda for her support paid one Nonelo in grain and cider for half
a plot of arable and a quarter of an orchard, again in Ujo; it makes
sense to see the vendor of such tiny portions as the principal initiator of
such a transaction, selling whatever he could to get food.⁸⁰ Sales of this
kind were made to clergy, laity, and monastic communities; they were
made by men, women, married couples, and mixed groups, both lay
and clerical; they were made from early until late in the tenth century.
They occur in all parts and in most charter collections; however, they
are particularly prominent in Celanova and León collections, especially
in mid-century, and they are relatively rare in Castilian collections.⁸¹
This partly reflects the size of collections and the overall incidence of
sale as against donation, but the mere handful in Cardeña material is
nevertheless notable, particularly given the low incidence of donation
to the laity.⁸²
One can envisage, therefore, that some of these so-called sales could
just as well have been recorded as gifts made in recognition of assistance
given in the past when food was short and times were hard. Of
course, sometimes they are also likely to have been deals—contracts to
secure supplies in times of shortage—closer to the true ‘sale’ but lying
precisely within the same social and economic framework as gifts made
in recognition of assistance. We do not have to suppose that this only
happened in dreadful years, like those in the middle of the tenth century,
because such sales happened in all decades. We do not have to suppose
that they involved the vendors in relationships of tied dependence: it is
striking that the properties alienated were small, and often fractions; the
⁷⁹ Li22 (908), Li170 (943), Lii283 (954), Cel392 (961), S193 (961). Cf. other
examples of sales for food: to a lay woman (confessa), Cel437 (943); to the priest Vicente,
Ov8, Ov10, Ov12, Ov13 (937–49).
⁸⁰ Lii324 (960). Cf. Davies, ‘Sale, price and valuation’, 159–60 and 171–2.
⁸¹ See Davies, ‘Sale, price and valuation’, 152–5, for comparative statistics. It is
impossible to do a meaningful count of all sales for food because in some cases the value
of the price is given but the objects handed over are not identified; further, animals
handed over in payment have an uncertain status in this respect—they may have been
handed over for immediate consumption or as stock.
⁸² Absence from Cardeña texts could be explained by suggesting that Cardeña scribes
did not choose to copy and preserve such records in their cartulary; it does not have
to imply that such transactions did not happen. However, the lack is very striking.
(S. Moreta Velayos argues that eight donations with countergifts were in fact sales,
El monasterio de San Pedro de Cardeña. Historia de un dominio monástico castellano
(902–1338) (Salamanca, 1971), 116–19).
160 Gesmira, Recosinda, and Nuño Sarracíniz
vendors kept plenty back.⁸³ But we do have to consider that this was
probably part of a familiar and ongoing economic process: in times of
shortage, peasants would get food from richer neighbours, and sooner
or later would reward them by handing them a plot of land—land, be
it noted, not their own surplus food or other chattels.
G I V I N G , PAT RO N AG E , A N D C L I E N TS H I P
Gifts were made to lay persons for a range of very different reasons,
although gifts to secure practical support were a significant element of
that giving. Clearly the beneficiaries in such cases were not distinctively
lay, however, for gifts for practical support were also made to the clergy;
lay and ecclesiastical landowners alike might provide support in court
or handouts of food; although there are as many such gifts to laity as
clergy recorded, there is no reliable basis for estimating whether this
practice benefited more laity or more religious or was roughly the same.
One thing that these transactions certainly make clear is that there were
some very wealthy aristocrats around, lay and clerical, people who had
resources to spare, and that they themselves could benefit hugely when
they took on the role of provider. A couple like Ermegildo and Paterna,
in early tenth-century Galicia, amassed very considerable property by
receiving fines, attracting gifts, and buying up land, sometimes for food
handouts, although their property was soon transferred to the monastery
of Sobrado.⁸⁴
Spanish writers of the past generation have placed a heavy emphasis
on the importance of gift by profiliation in this process, arguing that
such gifts gave strangers rights in family property and inaugurated new
relationships of dependence.⁸⁵ Some gifts to the powerful were certainly
⁸³ It would be possible to interpret other kinds of price paid as evidence for the
Sánchez-Albornoz model: price often included bedding (cf. the ‘warmth’ specified in
some of the bonum facere texts), lengths of cloth (which could have been for clothing),
and shoes (cf. the calciatura that Leocadia ordered), e.g. Lii322 (959), where the price
for a plot of land was a ‘best’ Moorish blanket and a pair of shoes; however, although
an amusing exercise, this is going too far. For all the reasons stated above, these were
not transactions leading to dependence; and many of the lengths of cloth were of special
character and very high value.
⁸⁴ Not for ever: see A. Isla Frez, La sociedad gallega (Madrid, 1992), 229, on the
transfer of a significant interest to Count Menendo González in the eleventh century.
⁸⁵ It has become common to argue that all ‘profiliation’ gifts, i.e. gifts in which the
recipient was taken on ‘as it were as a child’ (and many of the unexplained gifts were
Gesmira, Recosinda, and Nuño Sarracíniz 161
profiliation gifts), were gifts by which the donor entered into a service relationship with
the beneficiary, in effect a form of commendation; see especially Barbero and Vigil,
Formación del feudalismo, 380–94; also A. Isla Frez, ‘Las relaciones de dependencia en
la Galicia alto-medieval’, Hispania 44 (1984), 5–18; idem, Sociedad gallega, 233; and
M. I. Loring García, ‘Dominios monásticos y parentelas en la Castilla altomedieval: el
origen del derecho de retorno y su evolución’, in R. Pastor (ed.), Relaciones de poder, de
producción y parentesco en la edad media y moderna (Madrid, 1990), 13–49, at 28. This
could sometimes have been the case but, as argued here, it is perfectly clear that all kinds
of rationale lay behind such giving; it is also the case that some acts of profiliation were
clearly intended to provide the donors, not the recipients, with services (cf. Cel228).
⁸⁶ See above, pp. 83–4. S370 (972), for a wife’s profiliation gift to her husband.
⁸⁷ Although, of course, it is landed gifts that are recorded; in theory there could also
have been a hidden stratum of repayment in goods, but see further my comments below,
pp. 219–21.
⁸⁸ For these categories of enquiry see J.-P. Poly and E. Bournazel, La mutation féodale,
X e –XIIe siècles (Paris, 1980); and for updates, E. Bournazel and J.-P. Poly (eds.), Les
féodalités (Paris, 1998).
162 Gesmira, Recosinda, and Nuño Sarracíniz
⁸⁹ S19 (920), S285 (976), Liii541 (990); cf. the (?eleventh-century) interpolations in
Sob6 (966).
⁹⁰ S75 (940), S206 (962), Cel505 (935). ⁹¹ Cel423 (957).
⁹² Ov4, S75, S206, Cel423, perhaps Cel505; see above, pp. 141–2.
⁹³ V27.The one apparently clear tenth-century exception to this is the 952 gift of
Fernando Vermúdez to Vermudo Aboleze for service which had been done and which
the latter promises to be done in the future, S365; see Estepa, ‘Formación y consolidación
del feudalismo’, 223, and Las behetrías, i.44, emphasizing that Vermudo Aboleze was not
a dependent peasant and was free to choose a lord.
⁹⁴ See above, pp. 57–61, 128–9.
Gesmira, Recosinda, and Nuño Sarracíniz 163
make it perfectly clear that lay patronage networks were common too
and could last a long time. The power that was realizable by sitting
in court is evident from the many cases cited here, and this was a
characteristically, though not exclusively, lay activity; it was transferred
across generations of lay families, as well as sometimes being transferred
to the church. What was also common to lay and ecclesiastical client
relationships at this period, and what distinguished them from later,
service-based relationships, was the place of the gift in relation to client
and patron. In this period, it was the client who gifted the patron with
property, expecting support in return, whether practical or protective,
temporary or long-term, or spiritual and perpetual—the client was the
land donor; it was not a case of the patron giving the client property
in order to support future service, nor of the client giving himself and
his service and accepting food supplies in return, as in the dominant
European models.⁹⁵ Making grants to the laity to enter the patronage
network does not look new in the tenth century, and may well have
followed decades, if not centuries, of light-touch patronage systems, in
which the interests of client and patron were often reasonably balanced.
It looks as if such gift-giving may have been increasing in the later tenth
century, perhaps as royal orders reinforced the responsibilities of some
local aristocrats. Local priests like Melic and wealthy peasants like David
and Regina, however, tended to choose monastic patronage. In the long
term this was a significant driver of social change, for the balance shifted
in favour of wealthy proprietors, once powerful religious corporations
became involved. Even with the high profile of donation to the laity in
the 990s, there was still more than four times as much recorded giving
to the church in that decade.
⁹⁵ Cf. above, n. 48. Note that the Tours formula (above, n. 44) provides for the donor
to commend his person not his property; cf. gifts of service (and property) in return for
food in East Frankia from 745, Ph. Depreux, ‘L’apparition de la précaire à Saint-Gall’,
Mélanges de l’École Française de Rome. Moyen Âge, 111 (1999), 649–73, at 659.
7
Men and Women
¹ S255 (970), Lii432 (974); Lii425 (973), cf. C39 (942), C82 (952); Cel216 and
Cel251 (993); Ov20 (978), S190 (961).
² Sob60 (916). There were relatively high proportions (although small numbers) of
women making gifts for support; see above, p. 153.
³ e. g. Cel71 (916), S128 (950), T70 (964), Ar21 (970), S285 (976), SM97 (984).
Men and Women 165
⁴ Ov8 (937), Ov9 (946); S150 (956), with reference to S144 (955).
⁵ Barbero and Vigil, Formación del feudalismo, 404. Their argument depends essentially
on the view that succession to the Asturian kingship had matrilineal traces in the eighth
and ninth centuries (ibid., 327–53); the examples they give of transmission of property
through females in the ninth and tenth centuries (ibid., 362–401) are entirely reasonable,
but the number of them is small and they are not compared with transmission through
males.
⁶ S72 (938), C56 (945), S188 (961), OD11 (961), Lii403 (967), Cel303 (996). See
also examples cited above of brothers acting together, pp. 65–9.
⁷ See above, pp. 130–3.
166 Men and Women
Women could also, like men, take forthright and vigorous action—we
saw three powerful women making the running in the monasteries
of Galicia in the late ninth and early tenth centuries.⁸ But authority
unquestionably resided in maleness: rulers were male; counts were male;
panels of boni homines (trusted men, worthies), who were sent to investi-
gate disputes, were male; named representatives of peasant communities
were usually male.⁹ But, in the latter case, not invariably.¹⁰ How far is
that impression of male dominance in matters of property supported by
the detail of the texts? How far, in a world dominated by male authority
figures, could women do what men could do?
C O N T RO L O F P RO PE RT Y
equal;¹⁴ and Gundulfo’s bequest was split four ways between his wife,
his niece, the nuns of Porto Marín, and Rosendo—again the portions
look similar.¹⁵ It would be hazardous, however, to argue from these two
exceptional cases to a general norm (exceptional because both involved
Bishop Rosendo); in practice shares are likely to have varied with
personalities and with circumstances. Relative size of inherited portions
has to remain an open question. As for powers: we have seen that in
practice inherited land was often owned ‘in common’, regardless of sex,
as it was also just as frequently divided.¹⁶ Where owned in common, it
was necessarily subject to the constraints of all partners; where divided,
the outcome was, again, identifiable property for individual males
and individual females, as also the diversion of inheritances. Although
property normally devolved to children, both men and women disposed
of maternal and paternal inheritances, sometimes disinheriting their
children,¹⁷ just as married couples disposed together of land that
had come from one or other set of parents.¹⁸ Men and women also
had acquired property alongside that which they had inherited, both
separately and as married couples, acquiring it by purchase, gift, or
judicial award; both men and women disposed of land they had
acquired, as did their children;¹⁹ and widows and widowers might
dispose of their previously shared interests.²⁰ To the extent that men
were able to dispose of landed property, women seem to have had
comparable powers of disposition.²¹
¹⁴ Cel478 (934); the second sister’s share is missing because there is a gap in the
manuscript; however, the other four each had a long list of properties, including many
fifths.
¹⁵ Cel75 (955). Visigothic law had allowed for equal shares for brothers and sisters
(Forum Iudicum IV.ii.1, IV.ii.9), but practice was clearly more complicated in the tenth
century. Cf., in the Frankish world, R. Le Jan, Famille et pouvoir dans le monde franc
(VII e –X e siècle). Essai d’anthropologie sociale (Paris, 1995), 354, 378–9, on the fact that
women’s roles were changing in the tenth century, with evidence of an increasing need
for their consent and of increasingly significant roles for widows.
¹⁶ See above, pp. 67–70.
¹⁷ For example, Sob92 (934); cf. Sob79 (927), and see above, p. 73.
¹⁸ Sob65 (905), Li88 (930), Cel33 (936), Cel409 (990), for example.
¹⁹ SM21 (?932), Li103 (935), Cel374 (961); Cel436 (924), Sob85 (929), Sam16
(989).
²⁰ Li156 (942), S121 (950), Lii307 (958), S190 (961), S212 (963), S328 (985).
²¹ M. I. Loring García argued for equal or superior powers for women in the later
ninth century in Trasmiera in Cantabria, but not elsewhere in the Asturian kingdom;
‘Dominios monásticos y parentelas en la Castilla altomedieval: el origen del derecho de
retorno y su evolución’, in R. Pastor (ed.), Relaciones de poder, de producción y parentesco
en la edad media y moderna (Madrid, 1990), 13–49, at 18–24.
168 Men and Women
Land that came to a married couple from a parent was not necessarily
inherited, for it might have come as a marriage settlement.²² Marriage
settlements are only rarely identified in these texts, but when they are
the detail is interesting. The detail of dowry (casamento) from mother
to daughter, in an Otero charter that is not precisely dated, has a very
long list of furnishings and household goods, slaves, and stock, but no
land; the casamento that had been transferred from father to daughter in
a Galician charter of 952 included a house; Eldesenda married without
dowry (dos), ran into problems, and ended up in court.²³ We can also
see some couples handling land that had come from the wife’s father; it
must be likely that such property had come as dowry, for the use of the
household established by the marriage. The power of disposal in these
cases was mixed: in the Galician case cited above, the father recovered
the dowry and gave it to the local bishop, because his daughter Bitillo
had committed adultery with a monk; given that sexual union had taken
place, one could view this as a bestowal of the dowry on his daughter’s
(?new) partner’s paterfamilias, which might possibly have been used to
support the couple in some way. This was a special case. In most others
the couple exercised power of disposition, although occasionally the
man may have done so.²⁴
Another type of marriage settlement (also acquired land) was that
which a husband or his family conveyed to his wife, the ‘morning gift’;²⁵
such gifts might well include substantial movables and stock, as well
as land. Count Gutier’s widely scattered gifts to his wife Ilduara, and
Gonzalo’s gifts to Elvira of land in at least eight different locations,
have already been noted.²⁶ Both Sisnando and Gunterigo gave their
wives, Eldontia and Guntroda, ten named male and ten named female
slaves, in a remarkable reflection of the provisions of Visigothic law,
as well as extensive stock and thirty villas in the former case and at
least eight villas in the latter case (although most marriage settlements
were clearly much more varied than allowed for by this ancient law).²⁷
Earlier, a woman called Proflinia had referred to the villas and other
properties in two locations in the Liébana that her husband had given
her; in Portugal, Oliti Tetoniz provided for his wife Adosinda to
have precious silverware and silken clothes, as well as villas, stock,
and equipment, and a tenth of his goods, in another reflection of
a Visigothic rule; and, in Galicia, Fruela gave his wife Fernanda a
villa in Mao, while making provision for his sister from another villa.
The property that Seniorina had from her father-in-law may well have
come to her for similar reasons.²⁸ All the unambiguous cases show
the women controlling disposal of lands acquired in this way—a case,
perhaps, of distinctively female property rights, women’s property, as it
were.²⁹
Practical control of the morning gift, then, seems to have lain with
the woman to whom it had been given. In many other cases, the
patterns suggested by the records are so varied that it is difficult to be
certain about practical control. A man’s or a woman’s name might be
attached to a property but did this mean that the man or woman was in
practice in control of it? Reading the documents, one still cannot help
coming away with a sense that overall men had greater powers of control
than women: there were many more male than female transactors;³⁰
reservations were made in the event of birth of a son, filius, rather than
that of a daughter; men made this or that agreement about disposal;
brothers made provision for sisters.³¹ Despite all that, male control was
not invariable; women did act alone and in their own right.³² To what
extent, then, did women exercise these comparable powers?
The easiest way into this issue is to look at relative powers within the
context of marriage. The over-riding impression that men dominated
property rights is largely sustained within the married context. When
couples transacted together, the form of the record is sometimes ‘I, a
man, together with (una cum) a woman, sell’ rather than the commoner
‘man and woman sell’.³³ This recording practice seems to point to
male superiority, something which may also be emphasized by a specific
phrase or recorded action: a couple sold land together, although the
plot was actually the wife’s; a wife confirmed her agreement to what her
husband had decided; husbands consented to wives’ disposal of their
own property, or disposed of it themselves; a husband witnessed on
behalf of his wife; a husband instructed his wife to donate from his
share of his parental inheritance; a man acted on behalf of his sisters
and mother, in respect of the mother’s land.³⁴ All of this is what one
would expect from a western European early medieval society. However,
there are some exceptions to these patterns. Sometimes we read that
husband and wife had equal shares: Zelano and his wife Valeria together
‘equally’ sold some land near Valpuesta; Revel and his wife together
‘equally’ gave land to Abellar and he made sure she had half of their
common property, a transaction which was witnessed, very unusually, by
³⁵ V9 (913), Li118 (937)—una pariter; cf. V12 (929), Li195 (947); see above,
pp. 70–3.
³⁶ T27 (921), T57 (959), Sob14 (942), Li179 (944), Li200 (948), Li223 (950), S103
(945), S109 (948), S131 (951); Li203 (948). Cf. the comments of M. del C. Pallares
Méndez, Ilduara, una aristócrata del siglo X (La Coruña, 1998), 54–9, on women as
principal actors in Galicia.
³⁷ See Rodríguez, ‘ ‘‘Ex parte matris mee’’ ’, 304–12.
³⁸ S94 (945–54), OD22 (976), Cel454 (936–77).
172 Men and Women
Table 7.1 Percentage of alienators of property, by
gender, by collection and region
Cel 42 16 34 8
Sam 70 16 14 0
Sob 38 25 28 9
L 43 18 31 8
OD 37 15 41 7
S 48 15 28 9
C 46 14 28 12
SM 49 7 22 22
V 56 13 24 7
Ar 33 17 29 21
A 61 7 11 21
SJP 56 11 28 5
T 55 9 23 13
Ov 44 32 20 4
Galicia 45 19 29 7
W meseta 45 17 30 8
Castile 48 12 25 15
North 52 15 22 11
Total 46 16 29 9
³⁹ Recipients of land are obviously just as important, but since so many recipients were
religious institutions it would be difficult to get usable comparative figures by gender.
⁴⁰ On the importance of action by couples, see further below, pp. 185–8.
⁴¹ The overall female proportion strongly supports the estimate made by Herlihy
for Spain in the tenth century (17%), although he used a smaller Spanish data set;
D. Herlihy, ‘Land, family and women in continental Europe, 701–1200’, Traditio,
18 (1962), 89–120, at 108. Cf., rather differently, the 12% of the names cited in
the Celanova collection pre–977, that are women’s names, Pallares Méndez, Ilduara,
54.
Men and Women 173
WO M E N I N P U B L I C
That women could take the lead in property transactions is quite clear.
Such women had public roles, and were not confined to the domestic
sphere, aristocrat and peasant alike. Women also feature in witness lists:
not just the alienator of property, and her associates, but other women
too are recorded as witnesses of transactions; not very many of them, but
sufficient to differentiate these societies from some in parts of northern
Europe.⁴⁴ Once, most unusually, the Galician woman Argilo was named
as guarantor for a priest in a dispute over control of a church, and we
⁴² Variations from the mean are partly due to the very small size, and unrepresentative
character, of some collections and partly due to the kinds of transaction recorded—where
cartulary compilers recorded more gifts than sales, proportions of male alienators tend to
be enhanced.
⁴³ See above, pp. 72–5.
⁴⁴ For example, T32 (925—cousin of principal actors, together with her brother and
husband), Cel444 (933—a wife), Cel2 (942—the donor’s mother, sister, aunt, and
other women), Lii313 (959—a neighbour’s wife), Sob36 (964—four sorores, probably
nuns), Ov18 (974—five deo votae, a woman identified as Olalio’s wife, and another
woman), Cel462 (985—the donor’s mother and four other women), Liii538 (990—a
mother). Only a handful of women feature in the 6,000 witnesses cited in ninth-century
east Breton charters, W. Davies, Small Worlds: The Village Community in Early Medieval
Brittany (London, 1988), 77; note that Sarah Halton has warned, however, that female
174 Men and Women
see her speaking to ‘the people’ in the council.⁴⁵ At least twice, women
brought court cases, as Fernanda successfully defended her marriage gift
against her sister-in-law’s claim; another woman unsuccessfully sued the
monks of Sahagún over property in Cerecedo, although she had an advo-
cate to speak for her in court.⁴⁶ Women transacted on their own, without
any reference to males, like the confessa Gundisalva, who gave on her own,
and the wife Sisgundia, who gave from her own as well as giving with her
husband, and the purchaser Leda; one woman actually said that she was
giving on her own behalf (in mea voce); Guntroda and her daughter gave
to a nunnery on behalf of the committed ancilla dei, Aroza, presumably as
executors; and in one early sale in the Liébana, a man, his wife, and anoth-
er person all had separate prices paid to them for their individual portions
of a vineyard.⁴⁷ All of these cases indicate a role in public for women.
Royal women, mothers as well as consorts, are especially notable in
being formally associated with, or consenting to, the acts of kings: Toda,
mother of King García Sánchez I of Navarre, is one such, as also Elvira
and Teresa, aunt and mother respectively of Ramiro III of Asturias-León;
the latter appears in a particularly wide range of different charter col-
lections.⁴⁸ Later chronicles present these tenth-century royal women as
powerful, manipulating, abbesses; there is probably an element of truth
in those perspectives of power, although tenth-century charters hardly
prefigure the later stories.⁴⁹ They do, however, make the public authority
of women such as Toda, Elvira, and Teresa, each of whom took control
during royal minorities, perfectly clear.⁵⁰ We have already noted Elvira’s
gifts in memory of her brother, but she also bestowed property on her
uncle, and, although she was not the wife of a king, several charters
term her regina, queen, during her nephew’s minority—Arab histori-
ans certainly treated her as ruler before her sister-in-law Teresa took
witnesses have often been ignored by commentators: ‘The church and communities:
Cluny and its local patrons 900–1050’, University of Birmingham Ph.D. thesis, 2006,
ch. 5, ‘Creating the social relationship’.
⁴⁵ Sob130 (992). ⁴⁶ Above, p. 169; S159 (958).
⁴⁷ Sam157 (993), Cel338 (989), Liii519 (987); Sob70 (941); Lii486 (982); T11
(868).
⁴⁸ A5 (928), SJP17 (947), SM72 (957), SM81 (959); above, p. 164, Lii411 (969),
S261 (971), S262 (971); Lii442 (975), Cel206 (977), S293 (978), Lii482 (981),
Sam115/199 (982).
⁴⁹ See the comments of Ann Christys, Christians in Al-Andalus (711–1000) (Rich-
mond, 2002), 97–8.
⁵⁰ Cf. R. Collins, ‘Queens-dowager and queens-regent in tenth-century León and
Navarre’, in J. C. Parsons (ed.), Medieval Queenship (New York, 1993), 79–92,
emphasizing stronger queenships in Navarre.
Men and Women 175
over.⁵¹ Teresa appears with, though usually placed before, other roy-
al women and her authority as queen was still being invoked some
years after her son’s death.⁵² Other royal consorts witnessed and con-
firmed—Ramiro II’s wife Urraca in the 940s and 950s, Vermudo II’s
successive wives Velasquita in the 980s and Elvira in the 990s, often
associated with their husbands in the dispositive texts and high in the
witness lists;⁵³ Sancho II Garcés Abarca of Navarre made gifts with the
consent of his wife and sister (both called Urraca), as well as his son
and brother, his widow still ruling thirty years later with her grandson
Sancho el Mayor.⁵⁴ Sancha’s wife Urraca is even portrayed in the formal
pages of fine Riojan manuscripts of the period (see Fig. 7.1).⁵⁵ These
royal females appear so often that it clearly must have been normal
for royal women to be publicly associated with their husband’s, and
sometimes son’s or brother’s, transactions in the tenth century. One
royal associate, Ilduara, who married the León king’s wife’s brother, and
was aunt of three kings, certainly amassed both considerable property
and public position in southern Galicia, as is well evidenced by the
charter texts; when her nephew, Ramiro II, delegated authority to her
son Fruela it was explicitly to be exercised under the guidance of his
mother, sub manus mater tua, tie nostre Ilduare.⁵⁶
All kinds of women, then, could play a public role, even if they did not
do it as often as men. Property was in many respects a domain of shared
activity, although the male interest was overwhelmingly dominant.
⁵¹ See Collins, ‘Queens-dowager and queens-regent’, 85. Cf. the much earlier Sam39
(962), in which she confirms, before Teresa, her brother’s gifts.
⁵² Lii482, Sam115/199, Sam156 (983), for example, preceding Sancha, her son
Ramiro III’s wife; Liii543 (990), Liii560 (994).
⁵³ Cel249 (941), Sam2 (951—or just possibly Ordoño III’s wife in this case); Sam27
(981), Cel503 (985), Cel5 (986), Sam56 (988); Liii521 (987), Liii567 (994), Sam6
(997).
⁵⁴ SM88 (971), SM91 (972), for example; SJP34 (1005).
⁵⁵ In the Codex Albeldense, for example, of 974–6; S. de Silva y Verástegui,
Iconografía del siglo X en el reino de Pamplona-Nájera (Pamplona, 1984), plate 26; cf.
ibid., plate 27.
⁵⁶ Cel499 (942); for a full study, see Pallares Méndez, Ilduara. Ilduara, it may be
recalled, was the mother of Bishop Rosendo, founders together of the monastery of
Celanova.
176 Men and Women
Figure 7.1 Sancho II and Urraca, with Visigothic kings and a tenth-century
king and scribes, in the Codex Albeldense, Biblioteca de El Escorial, MS D.I.2,
fol. 428r
Men and Women 177
⁶¹ Cel492 (988), cf. Cel505 (935); SamS-3 (961); cf. Sob121 (964), an exchange
between monasteries witnessed by nine deo votae. Note that all of these cases are Galician
(but see also the Oviedo case above, n. 44).
⁶² Sam93 (951); cf. the deo vota sub regula et abbate [Samos], Sam175 (973) and the
deo dicata and perhaps her deacon husband, both of whom lived in the monastery of
Sobrado, Sob88 (996).
⁶³ The extent to which the deo vota was different from the confessa is also arguable,
although it is again striking that the different terms are used in these charters and that
their use does not appear to reflect distinctive scribal habits; cf. SamS-5 (963), which
has one confessa and one deo vota as principle actors, or Li42 (917) which implies some
difference between the sorores, religiosae, and virgines in the nunnery of Santiago in León.
M. Cabre i Pairet argues convincingly that in Catalonia at this time deo votae and deo
dicatae could refer both to nuns and to women living a religious life outside a regular
community; noting use of the terms in patristic writing on virginity and widowhood,
her main argument is that the terminology of female religious was ambiguous until
the impact of the Gregorian reform in the later eleventh century; ‘ ‘‘Deodicatae’’ y
‘‘deovotae’’. La regulación de la religiosidad femenina en los condados catalanes, siglos
IX–XI’, in A. Muñoz Fernández (ed.), Las mujeres en el cristianismo medieval. Imágenes
teóricas y cauces de actuación religiosa (Madrid, 1989), 169–82. The terms deo vota and
deo dicata, in northern Spanish texts, were clearly interchangeable, while it looks as if
ancilla Dei/Christi was a term to describe the quality of religious commitment rather
than a distinctive state; hence, it is applied to abbesses, confessae, and deo dicatae alike.
⁶⁴ For example, the community of Santa Eulalia de Airas, at the time of donations
in 976, appears to have had five men and six women associated, including both abbot
and abbess (OD20); cf. the fifteen men and two women who signed a monastic pact
with Abbot Fulgaredo, Cel61 (871); and the monastery of Sobrado was a community of
brothers and sisters, Sob64 (984), Sob88 (996), etc. That of San Cipriano del Condado
had connections with the nunnery of Santiago in León, to which it was ultimately given,
Li201 (948), Lii412 (970); the monks and nuns in Sam171 (988), under their Abbess
Gontina, lived together for a period.
Men and Women 179
⁶⁵ See, for example, the East Frankish women discussed by Karl Leyser, Rule and Con-
flict in an Early Medieval Society (London, 1979), and the Byzantine women discussed by
Evelyne Patlagean, Structure sociale, famille, chrétienté à Byzance (London, 1981), VIII, XI.
⁶⁶ Li180 (944).
⁶⁷ Cel511 (955)—see further below, p. 185; Lii312 (959); S77 (941), Lii295 (956),
Cel179 (927), SM39 and 40 (945), OD29 (988), as examples. It has been argued that
‘double’ communities were an older norm and the establishment of separate houses a
result of the influence of Carolingian ideas, Pallares Méndez, Ilduara, 130–2, but the
picture is very mixed and it is difficult to identify consistent trends across northern Spain
during the tenth century.
⁶⁸ Cel230 (995), Cel492, Cel209 (997), Cel530 (999).
⁶⁹ See above, pp. 174–6. Note the provision of Visigothic councils that widowed
queens should not remarry but retire to the church: Collins, ‘Queens-dowager and
queens-regent’, 84–5.
⁷⁰ Pallares Méndez, Ilduara, 16; cf. ibid., 124–27.
180 Men and Women
are relatively few of either; in Galicia, where the religious culture seems
to have had a different quality, male and female numbers look more
comparable.
As noted in Chapter four, some of the texts associated with female
religious have a particularly pious turn of phrase.⁷¹ Often adorned with
biblical quotations, these texts elaborated standard ideas into developed
and individual expressions: the invocation to the record of a different
Elvira’s gift to Celanova, daughter of Duke Arias and deo vota, elaborates
on the virtue and wisdom of God and lists some of the saints sent to
the world; Abbess Argilo’s gift of her family church includes a long
preamble on preparation for the day of judgment; the preamble to the
record of Sarracina’s gift to Abellar, Christi ancilla deo dicata, plays
on the notion of the light of truth; a little later, in the early eleventh
century, Guntroda’s grant to Samos uses the first person to emphasize
her personal plea for mercy.⁷² The gifts of the confessa, Gudilonis, to the
monastery of San Juan de Quarto were preceded by a far from standard
preamble: invoking the Virgin Mary, as well as the Holy Trinity, it
notes how the Holy Spirit came down and entered Mary’s womb; the
Word thereby being made flesh, the immutable essence of Father, Son,
and Holy Spirit was lodged in her virgin entrails, her son ultimately
taking on the pain and weariness of the world as, flogged and stoned, he
went to the cross.⁷³ It seems likely that some of these texts were written
by the women themselves and hence that we may well have examples
of distinctively female writing⁷⁴—an expression of the feminine, as it
were, without any feminization of religious language itself;⁷⁵ they were,
perhaps, modest forerunners of some better known communicators of
female piety of the central and later middle ages.⁷⁶
For most records, however, the authors and the scribes were men,
over and over again, unambiguously named as such, just as the clergy
⁷¹ p. 107.
⁷² Cel8 (962); C187 (981); Liii520 (987); Sam198 (1013). Cf. the long preambles in
records of gifts attributed to Countess Mumadona, Ar5 (923), Ar6 (929).
⁷³ Sob38 (985). The text finishes, very unusually, with a note on fine cloth.
⁷⁴ Although note the case of the abbot who wrote on behalf of nuns, above, p. 107.
⁷⁵ See C. Walker Bynum, Jesus as Mother: Studies in the Spirituality of the High Middle
Ages (Berkeley, 1982), 113–14 and passim, on the feminization of religious language.
However, see the fabricated record SJP21 (981) for an unusual Spanish example from
these collections: mother church nourished the faithful as mother’s milk feeds children;
perhaps a twelfth-century fabrication.
⁷⁶ Such as Hildegard of Bingen, a writer of extraordinary power and sensitivity in the
twelfth century; see especially B. Newman, Sister of Wisdom: St. Hildegard’s Theology of
the Feminine (Berkeley, 1987).
Men and Women 181
were unambiguously men. Religious authority was male; the deity was
male, glorious and majestic; provision for pastoral care, in so far as it
existed, seems to have been male; most of the perspectives on the tenth
century that have been transmitted to us were male.⁷⁷ Religious virtue,
on the other hand, seems almost to have been gender blind: sanctity
was as much feminine as masculine; humility applied to the best of men
and women alike; loving was as much a male as a female characteristic;
and nuns, just as much as monks, fought the good fight of spiritual
warfare.⁷⁸ If authorship was so intransigently male, and religious virtue
was undifferentiated by gender, were masculine, or indeed feminine,
attributes ever conceptualized and applied in these cultures? We clearly
have only a very partial picture but, despite the formulaic nature of
charter texts, there is a fair amount of narrative detail embedded within
them. Is it possible to pursue the perspectives of these narratives at all?
Were there standard values or models? Is there a consistent picture of
masculinity, or femininity, to be drawn?
⁷⁷ Cf. the comments of J. M. H. Smith, Europe after Rome: A New Cultural History
500–1000 (Oxford, 2005), 116.
⁷⁸ Male and female saints: passim. ‘ego humilima vestra ancilla’, C161 (972–6); ‘ego
exigua et inutilis Goncina’, Sam18 (933); ‘ego exiguus licet inutilis presbiter’, Lii329
(960); ‘pusillus atque exiguus famulus vir ego Adelfius’, Sam43 (938). Loving: passim,
but especially Sam99 (854), V19 (950), Lii333 (960). Monks or nuns qui militant:
SM86 (967), Lii302 (956), Lii321 (959); Li42 (917), Lii412 (970), Lii486 (982); Sob5
(966), Sob107 (968), Sob64 (984).
⁷⁹ There are glancing references to half as many disputes again, but I focus on those
for which there is narrative detail.
182 Men and Women
animals; they killed, with open violence, on the road, in the fields, within
the homestead. The portrayal of this aspect of the masculine is decidedly
physical and decidedly violent, ‘incensed with diabolical fury’, as one
author put it.⁸⁰ Argimiro went to Licinia’s house at night and took her
virginity per violentia, raping by force.⁸¹ Dom Patre’s ‘gang’, consisting
of himself, his sons Prudentio and Sebastiano, their cousins Fafila,
Ansuro, Gontino, Menendo, and the latter’s son Armentario, terrorized
the neighbourhood of Valdávida in the hills off the Cea valley, 25 km
north of Sahagún, killing and perpetrating ‘many very bad evils’, until
they were thrown out of the kingdom and their property was confiscated
by the king.⁸² Farther west, in Galicia, Pelayo’s more aristocratic gang
of ruffianly companions battered a young man called Fruela to death;
unfortunately for them, this young man was the countess Ilduara’s
retainer and in consequence Pelayo had to give her half of his rights
in twelve separate villas.⁸³ A case which looks like a case of legitimate
distraint which went wrong is also characterized by violence: the men
Senuldu and Eizon entered the house of Sandino Moniz, with saiones
(legal officers) accompanying them; Senuldu roughly removed three
men from the house, doing so with such ferocity that one died.⁸⁴
Whatever legitimate case there may have been to start with, he had
to compensate Sandino with two vineyards in Quiroga, together with
their associated fruit trees, chestnuts, garden, and rough land. With less
fatal consequences, but still with violence, Tegino, son of Braolio and
Farella, entered Doña Paterna’s woods, seized two of her herdsmen, and
held them for fifteen days, accusing them of stealing a cow—perhaps
also a case of arguably legitimate distraint; the court cleared the men of
the suggested theft and Tegino’s parents had to pay Paterna a third of
the inheritance they had in several villas.⁸⁵
Violence is used as a distinctively masculine trait—just as abbots were
expected to castigate and correct their monks: one abbot was encouraged
to teach, censure, and correct, by chastising, training, and punishing;
another was asked to correct a donor, in front of everyone, if the latter
⁸⁶ Sam210 (907); T56 (959). Ar8 (930) is very unusual with its stress on the
humiliation of women before the abbess.
⁸⁷ Cel577 (926) and above, p. 169; cf. Isidore, Etymologiae, XI.ii.18, emphasizing the
necessary submission of women to men: he says that the word mulier, woman, comes
from mollities, softness.
⁸⁸ Portugaliae Monumenta Historica, LVI (946); Sob119 (887).
⁸⁹ See above, p. 168, for terminology.
⁹⁰ Sob119; see above, p. 169. Cf. pro decorem … castitatis et pudorem tue virginitatis
(for the distinction of [your] chastity and the modesty of your virginity), Portugaliae
Monumenta Historica, LVI, and the rather later propter pudorem et decorem virginitatis
tue, Sam31 (1059).
⁹¹ Crónicas Asturianas, ed. J. Gil Fernández, J. L. Moralejo, J. Ruiz de la Peña (Oviedo,
1985).
⁹² Chronicle of Sampiro in J. Perez de Urbel, Sampiro, su crónica y la monarquía
leonesa en el siglo X (Madrid, 1952), especially 315, 318, 320, 329, 333, 335.
184 Men and Women
redaction of this text calling her regina, like the charters, and attributing
some authority to her; notably, however, it is only the chaste Elvira,
deo devota, who evokes this interest.⁹³ The virtue of female chastity was
very much the subject of the ‘Passion of Argentea’, a Passion whose
context is Andalusian but which may have had a northern Spanish
origin. Cardeña scribes certainly had an interest and perhaps made
their copy—the only copy—in the later tenth century.⁹⁴ These are
interesting perspectives—as male images of the feminine—but they are
obviously very limited and give a rounded picture neither of feminine
attributes nor of male attitudes to them.
If rape, assault, and killing were distinctively masculine offences, other
kinds of offence are not so gendered. Responsibility for fornication was
attributed to women as well as to men: when the girl Bitillo slept
with the monk from Celanova, it was the girl’s parents who made
reparation for her offence, not—as might be expected—the monk’s
abbot; when Gigulfo slept with his godmother (comatre), not only did
he make a substantial penitential payment of property himself, but his
wife Sisgundia—for some reason acknowledging that she shared his
sin—made over her vineyard as well; Cida Aion slept with Peter, her
godfather, and as a result handed over her own property (although not
that shared with her husband) to the local presiding judge; but the
man Flaino, admitting in court that he had slept first with another
man’s wife and then with her daughter, agreed to pay a fine to the
value of five solidi.⁹⁵ Blame for the lapses of monks and nuns similarly
lacks gender specificity. Abbots and priests could be accused of sleeping
with concubines and nuns of sleeping with allcomers, as pride and the
Devil took hold of a community.⁹⁶ The lapsed nun Menosa, who kept
slipping in and out of the community of San Julián in Castile, was
eventually forced to make a deal with her abbess, handing over to the
⁹⁷ C129 (966).
⁹⁸ Cel511 (955); see above, p. 179. Cf. Cel179 (927), Lii432 (974), S322 (984),
Lii507 (985), and perhaps Sam156 (983), although we do not know why the monk was
in chains.
⁹⁹ Cel228 (936). For profiliatio, see above, pp. 84, 160–1.
¹⁰⁰ Cel169 (962), Liii556 (993), S358 (998). Cf. Sob21, Sob24, Sob29 (all 931).
186 Men and Women
So, when Lupi and several of his mates surrounded a priest’s house,
laying siege to it all day, eventually setting fire to it, and burning it
down, it was Lupi and his wife Elo who met the consequences, not
Lupi and his mates.¹⁰¹ It is interesting that these problems are presented
as household responsibilities, just as the very male acts of homicide
might, in some circumstances, be paid for by associated females. Velite
was the gardener of the monastery of Abellar and, while gardening
for the monastery, also planted fruit trees for himself and his family
on a plot nearby. At some point he killed someone (and perhaps was
killed himself—we do not know, but he disappears from the record);
his wife and children were taken to court in the city of León; there
they came to an agreement that they would sell to the monks of
Abellar the trees Velite had planted, for which they received some grain,
bread, and wine.¹⁰² Again it was the household, not the perpetrator
of the deed, that took the brunt of the penalty; if Velite was still
alive, he was not pursued; if he was dead, his offence did not die
with him.
Property disputes were similarly presented; the actors were as likely to
be couples or groups of men and women as men or—more occasionally,
reflecting their less active presence in property deals—women. So,
Hazeme and his wife Felicia unsuccessfully took the priest Cedino to
court in 997 over a disputed property and ended up by having to
compensate both the priest and the local count.¹⁰³ So also the several
communities involved in disputes with landlords over the boundaries
of estates: although the latter are often simply termed homines, an
all-inclusive (but gendered) ‘men’ of villa Santa María and Vilazá, they
¹⁰¹ Lii360 (963). There is something missing or confused in this record. As it stands,
the consequence was that damage was assessed at the value of 130 and 60 solidi,
respectively, for slaughter and for the fire, and that Lupi and his wife sold their vineyard
to Fruela Vélaz for the substantial sum of 100 solidi; this sale looks like a benefit to Lupi,
not a penalty. The priest and a nun had expressed the wish that Lupi should stand in
court before Fruela. Fruela must have been a judge, like Munio Fernández and Flaino
Muñoz, who also made purchases; see above, pp. 144–9. The sums are high but enforced
sale of valuable property could be a penalty; see the next case, n.102, and also Cel393
(961), Liii525 (989). However, it is perhaps more likely that two different records have
been conflated in this cartulary copy, a standard record of sale and a note of an affray,
and that the sale is not directly connected with the affray.
¹⁰² Lii450 (977); cf., for another case of a man losing a case and the wife and children
meeting the penalty with him, C151 (972). See further below, pp. 219–20, for the
penalty of forced sale and the relative value of land and movables.
¹⁰³ Liii578; to get some idea of the values above (nn. 95, 101), they had to give a
horse to the value of forty solidi; they paid this off with half their inheritance in La
Bañeza—perhaps half a villa, so quite substantial.
Men and Women 187
clearly included men and women, young and old; the women of Piasca
who made a pact with Abbess Ailón are called homines.¹⁰⁴
Debts were a different case. As already indicated in the context of
debts to the church and to lay persons,¹⁰⁵ women are disproportionately
prominent in the discharge of debts. If we look at the pattern of debt
redemption overall, to lay and ecclesiastical creditors, then we find that
very few men acting alone are presented as responsible parties; women
discharged them (perhaps because they were often widows, left with
clearing the obligations) and couples also discharged them. Offino and
his wife Savilli gave Ilduara land with apple trees and cherry trees in
lieu of the forty sesters of cider they owed her; Guestrilli gave the priest
Munio a vineyard in place of wine to the value of thirteen and a half
solidi, which she owed him; Vegilio and his wife Gontrodo gave Fruela
Vimáraz and his wife a vineyard in lieu of the stock which Vegilio had
contrived to lose; and many more such.¹⁰⁶ At least two thirds of these
cases are attributable to couples—once again because these were mostly
peasant obligations which fell on households rather than individuals.¹⁰⁷
The practicalities of living and of resources intrude in records of this
kind—there is little gendering of the presentations because the authors
thought in terms of the responsible unit rather than in terms of this or
that person.¹⁰⁸
¹⁰⁴ Cel93 (950), cf. Cel272 (993) and Ar18 (965); see below, pp. 199–202, for
communities and disputes; S79 (941), Hecce nos homines qui subter notatee sumus et signa
facturee —the names listed are female.
¹⁰⁵ See above, pp. 127–8, 157–60. ¹⁰⁶ Cel229 (947); Lii457 (978); OD40 (995).
¹⁰⁷ For example, couples: Cel411 (989), Cel409 (990), Li116 (937), Lii473 (980),
OD41 (995), S198 (962); women: Lii465 (979), OD14 (964).
¹⁰⁸ Cf. the importance of couples as actors in the statistics compiled by E. Montanos
Ferrin, La familia en la alta edad media española (Pamplona, 1980), 337–53 (spanning
eighth to thirteenth centuries, be it noted).
188 Men and Women
did things together, exercised property rights together, and did both
separately as men or as women. Both peasant and aristocratic women
seem frequently to have operated in the public sphere, and were not con-
fined to the domestic interior—which is farther away from European
stereotypes. As we have seen, women were listed as witnesses, and thus
were present at public meetings; women could be taken to court and
sometimes they themselves brought court cases; a queen could preside
over a court case.¹⁰⁹ Although they certainly sometimes had people to
speak for them in court, so did men; but people of both sexes seem often
to have spoken for themselves.¹¹⁰ Although women do not seem to have
exercised any special role as preservers of family memory, they did of
course transfer property, and property was transmitted through them,
and they did sometimes take memorializing initiatives. But so did men.
and orchards were sold in Rabal in the 960s, a village territory which
Pallares Méndez has plausibly reconstructed as being about 3 km x 3 km
at maximum extents (see Fig. 8.1).⁶ So many of these plots were sold
to Celanova that none of them can have been large; an entire peasant
property may at maximum have been of the order of 15 ha and one of
its constituent plots of arable or vines of the order of 2 ha maximum,
although in practice there must obviously have been great variation.⁷
When these texts refer to plots, they are referring to units that were
relatively small, of field size rather than farm size, allowing for variations.
Some have associated measurements, expressed in terms of the amount
of grain needed to sow them.⁸ A sense of similar size is conveyed by the
many statements of boundaries: back in Leonese territory, one piece of
Andisilo’s arable in Sollanzo had the Abellar monks’ land on one side,
that of Queia and of Manne on two other sides, and the road to Sollanzo
on the fourth; Ansilda had two vineyards in Valdevimbre, inherited from
parents, which were surrounded in the one case by the lands of García,
Balderedo, Orondone, and Abolcazeme respectively, and in the other
by those of Faino, Gratiosa, and the monks of Valdevimbre; Hamama’s
meadow in San Ginés was bounded by the lands of Brother Abolbalite
(to whom she sold it in 982), of Mexite, of the nuns, and by the road.⁹
We have seen that portions of inherited land might be reserved for
siblings or cousins, and that portions were often identified as fractions,
from halves to ninths; there were shares in mills, in salt pans, in fruit
trees, in meadows, and in gardens; there were vineyards and orchards.
All indicate the mixed character of a peasant holding, scattered across
⁶ M. del C. Pallares Méndez, Ilduara, una aristócrata del siglo X (La Coruña, 1998),
38–47; she notes thirty-two Rabal documents from the period 956–97, ibid., 37; cf.
her comments on intensity of exploitation, ibid., 23.
⁷ This estimate is based on an assumed surface area for Rabal of 9 km2 . The
equivalent of about twenty entire properties (whole hereditates and packages of sep-
arate plots) was alienated to Celanova in the later tenth century, mostly as separate
plots in the 960s; there must have been at least twice that number that were not
alienated (i.e. a total of say sixty properties), and each property must have been
composed of at least six plots (several arable, the house plot, a vineyard or two,
an orchard). Compare the 170 casas listed in the 1764 Rabal cadaster, Pallares, Ild-
uara, 44, n. 108. These calculations are, of course, no more than a very rough
estimate.
⁸ See above, pp. 5–6.
⁹ Lii383 (965), Lii366 (963), Lii485 (982); Hamama was abbess, presumably of
the nuns, so this meadow was property of a small monastery, but the point is
still made: these were small plots, whether owned by peasants or small religious
communities.
Peasant Society 191
¹⁰ For example, Li229 (950), SM18 (912), C89 (956), C175 (978), C211 (999),
Lii361 (963), Lii422 (973), Lii430 (974); T69 (963), Cel197 (975–1011), OD12 (961);
Lii391 (965), Ov19 (978), Lii445 (976).
192 Peasant Society
Figure 8.3 Traces of former fields beneath the Porma reservoir in northern
León
property interests had expanded and he had benefited from several gifts;
besides the land which went with Santa Juliana, there were shares in
two more mills, of six days and three days respectively, and there were
six vineyards.¹⁴
COMMUNITIES
¹⁴ S350 (996); cf. gifts of land and water courses given in 987 (S338).
194 Peasant Society
siervos, vasallos’, in Señores, siervos, vasallos en la alta edad media. XXVIII Semana de
estudios medievales, Estella, 16 a 20 de julio de 2001 (Pamplona, 2002), 269–308, at 282,
and idem, Poder y relaciones sociales en Castilla en la edad media. Los territorios entre el
Arlanzón y el Duero en los siglos X al XIV (Valladolid, 1996), for detailed examination of
southern Castile.
¹⁷ See above, pp. 17–22, for peasant freedom.
¹⁸ See the comments of Escalona, ‘De ‘‘señores y campesinos’’ a ‘‘poderes feudales y
comunidades’’ ’, 142, on the inappropriateness of the egalitarian assumption.
¹⁹ See A. Isla Frez, La alta edad media. Siglos VIII–XI (Madrid, 2002), 201, on the
adoption of the English model; Barbero and Vigil, La formación del feudalismo, 228,
370–80, for tribal society. See above, pp. 67–9, for owning in common.
²⁰ Li158 (942), Li91 (931), Cel386 (961), Li152 (942), Lii323 (959), Li153 (942).
²¹ Lii327 (960).
196 Peasant Society
emphasized in the context of the Alto Esla on the southern side of the
Cantabrian mountains, while its initial reference to nucleated settlements
has been noticed in the western Tierra de Campos.²⁶ In many of the
examples cited above, ‘villa’ was a territorial designation (although it
could be a term of proprietorship—X’s villa—or a settlement name);
that this was so is made quite clear by the fact that villa boundaries could
be described, just as churches, houses, orchards, plots of arable, and
vineyards, were frequently sited within them.²⁷ As for size: the Rabal
villa discussed above was something like 3 km across; three adjacent
villas of Pazos, Verín, and Abedes, farther south in Galicia, were no
more than 2 km across.²⁸ Some of the villas on the meseta look bigger:
those to the west and south-west of Sahagún are up to 5 km across,
although villas within the territory of Melgar must have been smaller.²⁹
The largest of these, at approximately 20 km2 , are of a size comparable
to village territory (the rural parish) as it emerged in southern England
in the later middle ages, although smaller than the English hundred
or Breton plebs of the early middle ages.³⁰ As always, the differences
should not be a cause of surprise or concern: we should expect plenty of
variation, both within regions and within Spain.
What is important in the present context is not so much size as
the fact that the word villa could signify a definable territory. The
inhabitants of a local territory clearly did sometimes develop a collective
identity in tenth-century northern Spain, both using the framework of
the villa and sitting across and outside it. There were at least three kinds
of context for this: inhabitants of a territory who shared a relationship
with a landlord; those who came together because of physical proximity
and the Early Middle Ages (Leiden, 2000), 63–114; for Frankish examples, and some
criticisms, see G. Halsall, ‘Villas, territories and communities in Merovingian northern
Gaul’, in Davies, Halsall, Reynolds (eds.), People and Space, 209–31, especially 209–19;
see also the discussion of C. Wickham, Framing the Early Middle Ages (Oxford, 2005),
465–81, 510–13.
²⁶ C. Estepa Díez, ‘Poder y propiedad feudales en el período astur: las mandaciones
de los Flaínez en la montaña leonesa’, in Miscel-lània en homenatge al P. Agustí Altisent
( Tarragona, 1991), 285–327, at 291–4; cf. for Galicia, Pallares Méndez, Ilduara, 24–5;
P. Martínez Sopena, La tierra de campos occidental (Valladolid, 1985), 106.
²⁷ Lii333 (960); S299 (979); the villa in S100 (945) had at least seven houses; Cel390
(961) and the examples above, p. 189.
²⁸ Cel95, cf. Cel502; see further below, pp. 199, 201.
²⁹ S265 (972). See the maps of Mínguez, El dominio del monasterio de Sahagún, 232,
242, and of Martínez Sopena, La tierra de campos, 119–25.
³⁰ Of the order of 50 km2 , though always with wide variations; see Davies, Small
Worlds, 65–6.
198 Peasant Society
⁴⁰ Cel446 (959—see above, pp. 1–2); cf. Cel150 (987), C22 (932).
⁴¹ Li184 (944) (cf. above, p. 198, for three of the Pardomino communities subse-
quently ‘agreeing’ to give a quarter of their annual produce to the monks); Sam247
(909); cf. Cel507 (985); cf. Pastor, Resistencias, 85, and C. Estepa Díez, Estructura social
de la ciudad de León (siglos XI–XIII) (León, 1977), 197–8.
⁴² Li128 (938). ⁴³ Cel502 (940); cf. Pastor, Resistencias, 79.
⁴⁴ Sob129 (942).
⁴⁵ Also interesting that these boundary disputes are very rarely about grazing rights
(although see the explicit gift of grazing rights in C109 (963)); many are explicitly
about ploughing rights, like Sam247 (909). References to pasture rights are quite rare
Peasant Society 201
is a similar case between the inhabitants of the villa Santa María (led
by Countess Trudildi) and three neighbouring communities a decade
later. This time a large group of the elders (maiores natu) of the bishop’s
estate of Baroncelli (Pazos) was sent off to search for the markers;
taking in the bounds of a further two communities on their travels, they
finally decided in favour of the Santa María community.⁴⁶ In this case
representatives of the four communities in dispute were named. It is an
important case since the bishop’s tenants appear to have included elders
of sufficient status to resolve disputes between communities.
Differently, and more tentatively than the very clear cases above, it
is likely that members of the lay community who related to a specific
church or monastery sometimes took action together; in such cases,
rather than the territorial unit providing the framework for community
development, a focal point did so. This kind of grouping is inherently
credible—after all, it is precisely what happened to the people of the
parish for much of the subsequent millennium in western European
society—but it is difficult to demonstrate unambiguously at this time.
The suggestions lie in the fact that a few groups, called councils and
assemblies in the texts, are defined by the name of a church. When
the king heard the case over water rights brought by the men of San
Juan en Vega against the abbot and monks of Valdevimbre, the men are
described as the men of the ‘assembly in San Juan’; a generation later, a
sale between lay parties of a vineyard in the villa Rebolare, near León,
was witnessed by several named persons and ‘others of the council of
San Julián’; a gift to the monastery of Santos Justo y Pastor of land at
San Juan, in the villa Fuentes, was confirmed by the ‘assembly of San
Juan’, while a gift of vines in the valley of Covellas to the monastery of
Abellar was witnessed by many of the ‘council of San Juan’; a sale to
Sahagún of land in Ataula was witnessed by named persons and ‘many
others of the council of San Andrés in Villa Mutarraf’, while a sale to
the monastery of San Andrés itself was witnessed by the ‘assembly in
in the tenth century and only occur notably in Castile, especially in the San Millán
charters (e.g. SM38, 39, 40 (all 945), SM73 (957), SM95 (979)), but note also, in
Castile, V2 (notionally 804), Ar4 (924), Ar12 (932), and see Escalona, ‘Mapping scale
change: hierarchization and fission in Castilian rural communities during the tenth
and eleventh centuries’, in Davies, Halsall, Reynolds (eds.), People and Space, 143–66,
at 155–9 and n. 58, on Orbaneja; cf. also the undated SJP31 in Aragón. Reference
to pasture, as opposed to pasture rights, is common enough; the implication must
be that, outside Castile, the rights were not a matter of competition in the tenth
century.
⁴⁶ Cel95 (950 and 951).
202 Peasant Society
San Andrés’.⁴⁷ The named people, from these assemblies and councils,
are not identified as priests or monks, although priests feature elsewhere
in these witness lists. It seems plausible that, at the least, these were
people who met in church, given that nearly all meetings recorded in
this way took place in winter, between November and February; hence
the occasion and the location defined the groups.⁴⁸ It is also conceivable,
or even likely, that the people of the councils were those who had a
relationship with the churches, as was clearly the case in later centuries.⁴⁹
COUNCILS
Whatever we may think of the likelihood that some groups were defined
by their relationship to a church, groups of people—however they were
defined—undoubtedly took collective action. The examples cited above
show collective action in Galicia, on the meseta, in the Liébana valley,
in Castile, and in Aragón. We do not know much about the internal
workings of such bodies, or how much structure there was, but we
have already seen that the words ‘council’ and ‘assembly’ (concilium and
collatio) in some circumstances came to be used of their meetings. Indeed,
in later centuries the local council, or concejo, came to be a familiar
aspect of the rural landscape.⁵⁰ Reference to rural councils in the tenth
⁴⁷ Li128, collacio—see above for this case; S268 (973), concilium (it is not clear which
San Julián is intended, but perhaps the church in the suburbs of León, S341); Lii493
(983) and Liii515 (986), collacio and concilium (it is unclear which San Juan); S300 (979)
and S301 (979), concilium and collatio (a farm associated with the proprietary church
of San Andrés had been given to Sahagún in 959 (S165) and the Villa Motarraf had
been given in 970 (S255); Ataula is about 40 km south-west of Villa Motarraf, where
it seems that the Ataula transaction was performed). I have used ‘assembly’ to translate
collacio/collatio, to make the point that the witnesses may have been other than monks,
since it is clear in other contexts (see below) that this word can refer to lay groups. For
the view that these, and many other collationes, represented communities, see C. Estepa
Díez, ‘Formación y consolidación del feudalismo en Castilla y León’, in En torno al
feudalismo hispánico. I congreso de estudios medievales (León, 1989), 157–256, at 191–2.
See further comment below, n. 55, and below, pp. 202–7, for councils.
⁴⁸ Cf. Li88 (930), lay/priest sale in front of the church of San Lorenzo; Lii262
(953) and Li137 (940), in the first of which there was a lay/lay sale and in the second
executors discharged their obligations before witnesses, both in conventum/o ecclesiae,
i.e. in meetings in church; SM88 (971), a royal grant witnessed in the church of Santa
Olalla.
⁴⁹ Martínez Sopena, La tierra de campos, 513, notes that the word collación came to
refer to the association of parishioners.
⁵⁰ See M. del C. Carlé, Del concejo medieval castellano-leonés (Buenos Aires, 1968);
cf. also C. Sánchez-Albornoz, ‘Repoblación del Reino Asturleonés’, in his Viejos y
Peasant Society 203
nuevos estudios sobre las instituciones medievales españolas, 3 vols. (Madrid, 1976–80),
ii. 581–790, at 753–8, and his ‘El régimen de la tierra’, at iii. 1447–75, as also Estepa,
‘Formación del feudalismo’, 236–40.
⁵¹ See especially OD38 (995), where concilio is a synonym for iudicio; cf. A27 (978),
OD43 (997).
⁵² Of Burgos, especially, e.g. C151 (972), but cf. León in Lii312 (959), Lii416 (972).
⁵³ C70 (950), C89 (956), Lii466 (979), S335 (987); see also concilia in Lii391 (965),
Lii396 (966), S275 (974), S283 (976), C192 (984), Liii532 (990), Liii572 (996), and
the examples in n. 47 above.
⁵⁴ Martínez Sopena, La tierra de campos, notes, 507, both the interchangeability of
concilium and collatio in the tenth century and the fact that these words refer to a
collective.
⁵⁵ S44, S298 (979); cf. the aristocrat Rodrigo Alvarez’s concilium and collatio,
Liii577(997), which may have been the assembly of people, or their representatives, in
Rodrigo’s sphere of delegated authority, his comissorio (see above, pp. 14–15), or may
simply have been the community of Ferreras, already evidenced fifty years earlier as one
of the Pardomino communities, Li184 (944); see above, p. 200. Collatio is also frequently
used of the coming together of a monastic community, large or small; a gathering, as
it were. It is, for example, a common term for Sahagún’s monastic community; cf.
also Cel173 (922), ‘cum collatione fratrum Sancte Marie’ and T24 (918), ‘ex fratrum
collacione’. Hence, my hesitation at supposing that all of those associated with church
names referred to the local lay, rather than a local religious, community, pace Estepa
Díez, Estructura social de León, 198–9.
⁵⁶ Cf., explicitly, Sam35 (944), fecit collationem ‘he called a meeting’, several times.
See also the collatio in Lii331 (960).
204 Peasant Society
⁶⁰ E.g. S364 (946), a sale witnessed by groups from seven locations; cf. the witness
groups in SJP32 (above, n. 35) and the community representatives who gave evidence
(above, pp. 198–9).
⁶¹ Li128, Cel224, Cel95, Lii443, Li184 (cf. Li102 (935)); cf. Sob109 (above n.
39). For the term plebs, see P. Aebischer, ‘La diffusion de plebs ‘‘paroisse’’ dans l’espace
et dans le temps’, Revue de linguistique romane, 28 (1964), 143–65; A. Castagnetti,
L’organizzazione del territorio rurale nel medioevo ( Turin, 1979), 9–30; W. Davies,
‘Priests and rural communities in east Brittany in the ninth century’, Études celtiques,
20 (1983), 177–97, at 177–82. In many areas, by the ninth century, the word plebs
was most frequently used to denote the territory dependent on a baptismal church,
although in the Breton case it referred to a unit of civil association, the primary unit
of social organization (which could of course have had its origin in adherence to
a church).
⁶² Sam128 (849), Sob109 (986–99).
⁶³ S44 (932), S94 (945–54), S162 (959), S164 (959); S265 (972). See Mínguez, El
dominio de Sahagún, 147, for Isca, Filauria’s husband.
⁶⁴ The concilium of Iubera (Castile) is mentioned in A8, of uncertain date but perhaps
as early as 941.
206 Peasant Society
⁶⁵ There is a passing reference in a Liébana text, T71 (?966), which suggests that the
charter of donation was made in an unlocated concilio.
⁶⁶ See above, pp. 108–9, for the significance of brief records.
⁶⁷ Lii468, cf. Lii391 (965); Liii546 (991), Liii547 (991). Interestingly, all these are
cases of sales, small-scale, in short basic records; the usage again seems to reflect a local
habit of locating properties rather than an established, formulaic, written tradition. Cf.
the semantic range of ‘parish’, which includes the land associated with the community
for which pastoral care was provided. The spatial sense of collación was common in the
central middle ages.
⁶⁸ S300, Lii466, Liii572, for example.
Peasant Society 207
PE A S A N T D O N AT I O N
Actions by rural groups in the tenth century and the increasing incidence
of meetings indicate a growing sense of self-awareness by peasant
communities in some parts of northern Spain. Patterns of peasant
behaviour were often distinctive. It was peasants, in particular, who
split and shared family property, dealing in fractions of increasing
complexity—half a vineyard, a ninth of the meadow, a fourteenth
of the arable, and so on; and it was individual peasants, especially,
who would ‘share’ some of their property with a bishop or monastery,
undertaking to pay regular renders and thereby committing their families
to lasting obligations. We can see a peasantry increasingly attached, even
if lightly, to ecclesiastical landlords.⁷⁰
We also get a glimpse of the procedures available to peasants for
making deals. While many transactions may have been orally conducted,
and never committed to writing, some peasants certainly used records.
Local priests and local monasteries made records for them, using standard
formulas in brief and unelaborated texts, perhaps quickly indicating a
pious reason for making the gift but, in records of gifts to churches,
avoiding references to the torments of hell and the delights of heaven.
Sales also feature prominently in peasant dealing, sometimes as an aspect
of the splitting and sharing, but sometimes—especially with sales to
clergy—in effect a kind of payment for help in bad times past. Again,
we see the role of the clergy becoming ever more prominent, a source of
surplus in times of scarcity.⁷¹
Peasants made gifts to the church for different reasons, and sometimes
for purely pious reasons, as any aristocrat might do. But peasants are
⁶⁹ Cf. Martínez Sopena, La tierra de campos, 506, 510. This is essentially the point
made by Martínez Sopena about merino (lord’s agent) and concejo in the twelfth and
thirteenth centuries; the point can reasonably be extended back to the tenth century.
Cf. also A. J. Kosto, ‘Reasons for assembly in Catalonia and Aragón, 900–1200’, in
P. S. Barnwell and M. Mostert (eds.), Political Assemblies in the Earlier Middle Ages
( Turnhout, 2003), 133–49, who uses many tenth-century examples.
⁷⁰ See above, pp. 69–71. ⁷¹ See above, pp. 108–9, 156–8.
208 Peasant Society
particularly notable for making gifts to pay off debts and to provide
compensation for committing petty offences; sometimes they also made
them to secure support. Peasants were not much involved in making
gifts in order to secure liturgical or some other form of religious
commemoration, or burial within the church, although two things here
are notable: one or two peasants actually were involved in those kinds
of gift; and, where they were, there were both regional distinctions (it
did not happen in Galicia) and differences in the kind of ecclesiastical
communities patronized (they tended to give to small monasteries and
avoid the powerful corporations).⁷² Overall, the tenth-century material
suggests that peasants had, or were developing, a rather different kind
of relationship with priests and monks from that which aristocrats had;
this is not at all surprising, for a relationship that was clearly more
economic and less spiritual. Ritual celebration and participation were
less important here, although a few peasants did enlist the services of
priests and other religious for their own family purposes. Indeed, it looks
as if social access to ritual may have been slightly expanding by 1000.
Can we pursue the incidence of peasant transactions in the record?
We cannot always be sure of the status of the actors who appear in these
charters, but bearing in mind the criteria stated in Chapter one,⁷³ it
looks as if there were changes in the patterns of peasant donation across
the tenth century and different patterns in different regions. Most abbots
and bishops had more recorded dealings with kings and aristocrats in
the tenth century than with peasants, and some may have determined
to deal with kings and aristocrats rather than with those who lived
nearby. It is obviously difficult to quantify peasant participation because
of the inevitable uncertainties about status, especially where numbers of
records in a given collection are low. However, estimates can be made
and, while remembering the uncertainties, the large collections suggest
broad proportions which are credible. Tentatively, then, we may say
that peasant giving constitutes a relatively small proportion of donation
to the church recorded in this period, something in the order of 25%.
By no means all of this was for pious reasons, as indicated above.
There are very strong regional differences, which remain marked even
where collections of records are small: in other words, the patterns are
regionally consistent.
The proportion of peasant donation seems to have been relatively
low in Galicia, as also in what we have from Aragón. Although there
Cel 20
Sam 5
Sob 10
L 27
OD 33
S 25
C 35
SM* 23
V 58
SJP 0
T 33
Ov 22
Total 25
San Millán records have more uncertainties, and are notably marked by
royal and comital gifts, but small-scale peasant giving—often recorded
in very brief notes—looks close to or above the mean; numbers from
Valpuesta, Arlanza, and Albelda are too low to be statistically significant,
and peasant donation is certainly not notable in the latter two; however,
Valpuesta seems to have an extremely high proportion, over 50% of
gifts, although the percentage is skewed by the set of gifts of the 950s
to the monastery of Buezo. Total numbers of donations are also rather
low in records from Cantabrian Liébana, but here too the peasant
proportion looks higher than the mean (about 33%). Unsurprisingly,
peasant donation in the large collections of records from the western
meseta comes closest to the 25% mean (see Table 8.1).
Most of the charter collections considered here begin with records
of the late ninth century but do not record significant numbers of
transactions until the decade following 910. Whenever a collection
begins, the earliest transactions are dominated by aristocrats, be they
lay or ecclesiastical; ordinary people do not play much part in the
recorded transfer of property rights. But in many cases, particularly
where the collections are large, there comes a clear time when the
business transactions of ordinary people start to feature in the records.
This is most striking in the large, and richly varied, collections of the
western meseta, where the evidence in this respect is particularly strong:
although ‘ordinary people’ start to feature as alienators around 920 in
the León collections, peasant donation to the church is not notably
recorded before the mid-930s; at nearby Sahagún it was also the 930s
when this activity began to be noted; at Otero de las Dueñas, where
numbers are vastly lower, it was in the 940s. Interestingly, where the
proportion of peasant donation to the church is either relatively high or
relatively low, and numbers of charters are high, it was also the 930s
when records of peasant donation became notable: from 932 round
Cardeña, San Millán, and also Celanova. Where numbers of charters
are lower, there is—not surprisingly—much greater variation, and in
most cases there is too little material to identify a point at which peasant
records became common; however, for Valpuesta it was the 950s. In
the northern collection of the Liébana (San Martín de Turieno and
associated institutions), however, where numbers are relatively small,
there was not such a change in the 930s; records of peasant donation to
the church appear to have begun earlier, although it was the 960s before
the proportions become notable.⁷⁵
This pattern, that is of peasant transactions entering the written
record at a noticeable point, is reinforced if we also look at the recording
⁷⁵ For example, T10, T12 (both ninth century), ?T24 (918), T29 (921); there are
also early gifts to lay recipients.
Peasant Society 211
there may well have been a long tradition of donation to lay patrons in
some parts, some of which was certainly recorded.⁷⁷ Castile appears to
have been different, perhaps because of a different economic base (there
was either more pasture or more competition for pasture) or because of
lower levels of recording independent peasant activity.
Peasants did not begin transacting in the 930s and their transactions
did not begin to be recorded then. There is background, in both respects.
But there seem to have been changes at that time. What changed most
obviously were the record-keeping habits of the larger monasteries.
Our impressions are conditioned by the recording practice of major
monasteries—hence, houses like San Juan de la Peña, Albelda, Arlanza,
and Samos appear to have been more interested in recording and
preserving gifts from aristocrats than from others. Our impressions are
also conditioned by copying and keeping habits—houses like Cardeña,
Celanova, and Sahagún did not copy much material from before
their own foundation dates, while others assiduously kept or copied
outdated archives; in some cases—Sobrado and Otero de las Dueñas
especially—the chance incorporation of substantial lay archives in the
monastic record reveals practices (the volume of lay/lay sale especially)
which would not otherwise be suspected.
If changes in record-keeping habits are the most obvious of changes,
we should not forget the others. Overall the material also suggests an
increase in the volume of peasant transactions, notably from the 930s,
not least because most of the major monasteries sought to develop
their relationships with local residents. This is most evident in and
near urban León. We do not merely see procedures that had previously
been hidden, we see new things happening. While peasants had clearly
been buying and selling landed property for generations, and giving it
to powerful lay patrons, they seem to have begun giving to churches
in previously unimaginable quantities. That was partly an inevitable
consequence of the increased significance of churches and monasteries
as landlords, for more ecclesiastical landlords meant more ecclesiastical
creditors and more ecclesiastical sources of support; it was also because
some peasants actively chose ecclesiastical patronage.
⁷⁷ p. 163.
9
Rhetoric and Action
We have seen, again and again, how much the form and language
of the record conditions our interpretation of northern Spain in the
tenth century. This is precisely what we would expect as historians,
although the particularities of some of the recording practice have
sometimes had a quite disproportionate impact upon the historiogra-
phy: the favourite phrase of this or that monastic house (like trado
corpus et animam or incommuniatio) have taken on a life as distinctive
institutions;¹ the words have seemed to indicate distinctive practice,
when they have simply been a mode of reference. However, the way
that scribes used standard formulas can be instructive, just as deviation
from the favourite phrase can in itself provide insights. The inter-
play between the rigidly formulaic and the free flow of language is
even more illuminating; all this, and the content of the non-standard,
even florid, pieces of prose that scribes inserted, can take us beyond
the record to tenth-century actions and attitudes. The considered
inversion of the standard formula ‘man and woman give/sell’ to the
occasional, self-conscious, ‘woman and man give/sell’ makes a signifi-
cant point; and, despite the very formal genre, we sometimes glimpse
the personal insight: witness the contrast between the stereotypical
‘sweetness’ of the bride and the very individual expressions of female
piety.²
There are, clearly, many things that we cannot see: most obviously,
these texts overwhelmingly deal with transactions in land; we do not
know about transactions in movables, nor about their relative volume,
nor about many other aspects of ordinary and extraordinary life. In
view of these unavoidable limitations of the source material, it becomes
essential to take a comprehensive overview, and avoid arguing from
the single case or even from the single collection, given how much
the attitudes of the recording house condition the textual outcome.
¹ See above, pp. 54–6, 80–3. ² See above, pp. 183, 180.
Rhetoric and Action 215
and sometimes burial.⁸ To that extent, the Spanish picture fits wider
European models reasonably well, although the chronology of memo-
rialization falls later and the commitment does not look as strong as it
does in, say, eighth- and ninth-century Germany—there are, after all,
no Spanish Libri Memoriales of this period. In fact, most families seem
to have had no concern at all to ensure their own commemoration, and
those that were so concerned did not invariably or even mostly entrust
the act to women. This was only one aspect—and a narrowly restrict-
ed one—of the complex of motives impelling people to give landed
property away to the church. People gave land for spiritual reasons and
they gave for purely practical reasons; they gave land because they were
forced to do so, to meet debts or pay fines; they gave land to reward past
service or past assistance; they gave land to gain material benefits in life
and to secure support in the short term or in old age.⁹ Giving for the
sake of the soul—pro anima mea—accounted for at most two-fifths of
all donation for which we have evidence, a significant proportion but
not as much as we often tend to assume.
People made gifts of land to the laity too, and had clearly done so
for a very long time.¹⁰ Such giving goes back as far as we can see and
is well-evidenced in parts of northern Spain which had unquestionably
long-standing, stable, populations—in other words, in parts where there
has been no suggestion of depopulation and repopulation. Giving to
the laity does not seem to have been a particular response to tenth-
century developments but rather a standard mechanism for balancing
resources in essentially self-regulating societies, and as such a mechanism
for securing social support when family was not there to provide it.
Families often were there, however, and family interests are reflected
throughout the corpus of tenth-century records. Despite some of the
earlier historiography, there is very little to suggest any significant change
in family structure in this period: family interests are as evident in the
year 1000 as in 900 and families at many social levels adopted strategies
to protect the patrimony, as they did elsewhere in western Europe. The
strategies they employed, however, were different from those beyond the
Pyrenees, as the instruments that they used were different; sharing land
beyond the circle of natural heirs served to maintain family interest, as did
splitting and sharing with patrons. Hence, total alienation of their power
over family property seems to have been rare; more usually, some control
not many at this stage, established new rights to the product of peasant
labour as they allowed peasants access to work monastic land.¹⁶ We
saw an increasing number of transactions in churches in the 940s, as
powerful monasteries absorbed minor churches and monasteries and
broke the proprietary interests of lesser clerics, building widespread
networks of ecclesiastical institutions as they also began to build more
local networks of lay clients.¹⁷ Churches were acquired in mid-century
from lesser clerics, and from lay proprietors too, for the latter were
tending to divest themselves of ecclesiastical property from that point.
The changing attitude to lay proprietorship accompanies a shift in the
quality of (largely aristocratic) lay piety, as ritual celebration began to
replace ownership; the shift is perhaps also signalled by the increasing
number of references to female religious from the 970s and by the hints
of the widening of social access to ritual late in the century.¹⁸
Some other things emerge from this study, which are not quite
so familiar as the drift towards seigneurialization. One of these is
that, although women are more visible in Spain than they were in
many parts of Europe at that time, and could play a public role at
several social levels, behaviour is frequently presented in ungendered
terms. Masculinity may be indicated through a habit of violence and
femininity through a stereotypical sweetness, but men and women
are more often shown doing things together, with both shared and
complementary roles, sharing responsibilities as a household unit.
Another thing that emerges is that in the tenth century donation and
sale sometimes do not look very different, even if at other times they
were clearly distinct. The categories were occasionally openly confused;
gifts could be retrospectively framed as sales; and records of sale could
be used to mask a whole series of gifts.¹⁹ It is not just that there was no
such thing as a free gift, most people expecting a return on what was
given, be it in this life or the next; and it is not that these were ‘gift
economies’ poised to transform into the fully commercial.²⁰ Although
those who recorded transactions used a repertoire of model formats that
of stock and land does not match our modern expectations: whole or
half inheritances were handed over to meet the value of a good horse or
a few sheep, shares in twelve separate estates (villas) to meet the value of
five cows, an entire villa to meet the value of stolen horses (half of it was
later sold for three horses, three oxen, and a skin).²⁷ (In recorded prices,
be it noted, there was wide variation in values so we should not in any
case expect arithmetic consistency.²⁸) Clearly we need to rethink our
assumptions about relative values and go back to a world where there
was not such a shortage of land as characterized the more recent past;
rather, at many social levels there may have been a shortage of stock and
goods, of produce. Even monasteries might sell land in order to restock
with animals.²⁹ Peasant households seem to have numbered their stock
on their fingers: nine cows and eight horses, of which one was a riding
horse, for a rich peasant household, for example.³⁰ That does not mean,
all the same, that these people were happy to dispose of their land.
Indeed, selling land could itself be a penalty, as it was for the gardener’s
wife who was compelled to sell her vineyard as a penalty for homicide
and for the men who had committed arson who had to sell another.³¹
There are several points to note here. Firstly, having goods was desir-
able; goods were important; peasants—doubtless reluctantly—gave up
land rather than any of their produce; but, in the tenth-century world,
alienating land was the only option if they had insufficient consum-
ables.³² Secondly, there was clearly pressure on food supply, as the many
peasant encroachments on monastic land and the many border haggles
testify;³³ whether because of demographic pressure, or because their
own land was worked out, or because they had been forced to alienate
some of it, peasant farmers sought to extend the area under cultivation
and produce more.³⁴ The rhetoric of repopulation, which is prominent
in some of these charters, conceals competition for practical control
P R I M A RY S O U RC E S
Cartulario de Albelda, ed. A. Ubieto Arteta (Valencia, 1960).
Cartulario de San Juan de la Peña, ed. A. Ubieto Arteta, 2 vols. (Valencia,
1962–63).
Cartulario de San Millán de la Cogolla, ed. A. Ubieto Arteta (Valencia, 1976).
Cartulario de San Pedro de Arlanza, antiguo monasterio benedictino, ed. L. Serrano
(Madrid, 1925).
Cartulario de Santo Toribio de Liébana, ed. L. Sánchez Belda (Madrid, 1948).
Cartulario de Valpuesta, ed. M. Desamparados Perez Soler (Valencia, 1970).
Colección diplomática del monasterio de Sahagún, vol. 1, ed. J. M. Mínguez
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Index