VASSALIC CONFLICTS
AT THE ABBEY OF ST. VICTOR, MARSEILLES
This
late-eleventh-century account of a long drawn-out dispute between a
priory of
St. Victor of Marseille and local knights portrays the conflicting
interests of
lords and vassals, and of lay knights and clerics. The document also
indicates
the types of mechanism by which lords and religious sought to terminate
conflicts in the absence of strong centralized political and judicial
authority.
Protests which
William, monk of St. Victor of Marseille, made to lord Count Isoard and
to the
Archbishop of Embrun concerning the fief of St. Mary and St. Victor
which the
knights of Chorges and other men took away.
First,
concerning the endowment (sponsalicium) [1] of the church of the Mother
of God Mary
at Chorges, which Poncius de Turre held and his sons and the wife of
John his
brother and his son Gerald and Peter de Rosset who married the wife of
this
John and William son of this Peter, who took as wife the daughter of
the
above-mentioned John; and because of this protest Lantelmus, Archbishop
of
Embrun, excommunicated them so that they could hear no divine service,
and
Poncius died still under this excommunication.
The monks and priests did not want to bury him until the
archbishop came
and until Poncius's sons and their mother had surrendered all that they
held
from the endowment to the Lord God and to holy Mary and to Saint Victor
and to
the monks serving them, in the presence of the lord count Isoard and
Laugerius
bishop of Gap and the deacon Poncius Ebrardus and Antelmus de Gargaia
and
William Bastard and Peter Rainericus and Bruno Stephan and Hugo of
Capodol and
all of the men who were there. Only
after that did they bury the dead man.
The
next day,
however, the monks and those who had surrendered this endowment came
before the
lord count Isoard and all of those named above, and this Isoard ordered
the
following settlement with them, namely that the monks should have the
entire
endowment except the houses in peace, without any further claims, and
the sons
of Poncius should have those houses which they had established [2] as
theirs from
the endowment in return for fealty to Saint Victor and the monks, and
whatever
rent (census) the monks imposed a on each house, and that they should
pay this
rent to the monks of St. Victor each year, and if the monks could prove
more of
the endowment than they had thusfar established, they would lose all
that they
had held from the endowment by fealty.
But William, Prior of Chorges, was unwilling to do this without
consulting the archbishop (Richard, cardinal and abbot of St Victor)
and the
monks of St. Victor who were in that province.
They
set up a
meeting (placitum) for them, and within the term of the meeting he
summoned a
certain man named Bruno Salamon who held part of the endowment, but he
did not
wish to come without counsel from the sons of Poncius, and with this
man came
Peter Poncius and Bruno Stephan. They
asked the monks not to harm (injuriam) this man beyond what Poncius had
done to
him. The monks of St. Victor promised
that they would not, but they might hold the land on the same terms
(similiter)
as Poncius himself held with this man, and thus it was done with the
advice of
Peter Poncius and Bruno Stephan.
Meanwhile
the
time of the plea (placitum) arrived on the Saturday before Palm Sunday. The archbishop did not come to this meeting,
but two monks, namely Lautardus of Valernes and Robert of Dromon, were
there,
and certain knights, Rodulf of Broca and William Bastard and Peter de
Rosset
and Bruno Stephan. These monks agreed
among themselves that the mandate which Lord Isoard had made should be
carried
out in the presence of the archbishop and of Lord Richard abbot of
Marseille
when he returned from
While
the
meeting was in progress, they went off to the Archbishop and said that
the
monks had done this thing against him.
And he (the Archbishop) became indignant and went to the meeting. He called William to him in the
Afterwards
all
who had been summoned to the meeting assembled to hear the formal
statements of
claim (reclamationes). When these had
been heard, Lord Isoard and the archbishop summoned Arnaldus Flota and
Matfred
de Sella and other knights. They went
into the
The
judges
said to him, "Why will you not accept this settlement?"
(William)
answered, "If Peter Poncius were to plead (monstraverit) against me the
whole
endowment just as it is, I should believe him without an oath. And if Peter Poncius does not know the whole
endowment, and shows us all which he does know, and swears that he does
not
know any more, and (yet) we do know more, why should the saints and we
lose the
extra that we know of on account of his oath and his ignorance?"
But
(the
judges) said, "That is not how it should be. Let
it rather rest on your proof, so that if
you are able to prove more, you shall have the whole lot in peace." On this basis the monks acquiesced with
them. They then called in Peter Poncius
and Peter de Rosset, who came before them.
And the judge announced to them the judgement (placitum) as they
had
framed it (dixerant), and it was acceptable to them, and then Peter
Poncius
gave his guarantee by 100 solidi in the hands of the archbishop that,
within
four days of the monks warning him, he would plead to (monstret) the
endowment
and swear his oath. Before leaving the
church, William delivered the warning to show the endowment by Sunday,
which
was the fourth day. And he promised that
he would do so. On the Sunday, (William) challenged him to plead as he
had
promised; he pleaded just as he had done before and no more. (William) asked him if he knew any more. (Peter Poncius) answered "No."
"If
you
do not know more, I will show (monstrabo) you more," (said William). He showed him the mansus of Benedet Pella
which they now call "Salamon and Ferreng's", and (Peter) denied that
it was part of the endowment. He then
asked him about the houses (masura) which were called Tastaceias, if he
knew
more than he had pleaded. He answered
"No." He pointed out to him [6]
(the land) from John Mare's half-house up to the top of the bridge. But (Peter) denied that it was from the
endowment.
"And
I
seek further from you what (lies) from Adonet's house to the house of
the
Lanfreeiri."
And
(Peter)
denied that this was (part).
"And
if
you do not recognize that what I say is true, what will be the point of
an
oath?", (asked William).
But
he
answered, "I will swear it in the morning." And
in the morning (William) looked for him
but he could not be found in the village during the entire day. And thus all the settlements and all the
judgements which the wise men had pronounced remained without effect.[7]
Evils
which
Peter de Rosset and his sons did against Saint Mary and Saint Victor
and those
serving them.
When
Peter de
Rosset was seeking to marry John de Turre's widow from Lord Isoard as
his wife,
and John's daughter for his son, he asked the monk William to speak
with the
count on this matter. And (William)
said, "I do not want to do this because I fear to lose your friendship
and
because you know well that this woman is unwilling to surrender (a part
of) the
endowment (sponsalicium) to Saint Mary and Saint Victor, and because of
this
the archbishop has excommunicated her and her sons."
Peter however promised that, before he took
her as his wife, he would make her give up the endowment land. When (William) heard this concession, he went
to Lord Isoard and spoke faithfully with him with the result that the
women
were affianced.
After
this he
sought performance of his agreement (convenientiam) and Peter said, "I
will perform it." They set up a
meeting (placitum) and at this meeting were certain knights, Poncius de
Mongardin and Bruno Stephan and Peter Poncius and Antelmus Guinas. They asked the monks to give them 40 solidi
in return for the surrender.[8] They were
unwilling to do this, and so they separated without friendship. After this came the day when the men were to
receive their wives. They came to the
monks so that they might perform the rites as is customary. But the monks were unwilling to do this
because of the excommunication under which they lay.
They went away full of wrath and indignation
and making threats, and they consummated their marriages (fecerunt
nupcias).
After
the
consummation they found a certain priest of St. Victor at Rosset who
wanted to
carry wine to the monks. They took away
from him his horses and asses and forbade delivery of the wine. The monks, when they heard of this, sent
their prior to them for the horse and the asses. The
men would not return them and shouted insults
at him. (The Prior) went before Count
Isoard, to seek justice. (The count)
summoned Peter de Rosset so that the monks and Peter could give each
other
guarantors, and this was done. He gave
judgement that Peter de Rosset should relinquish all that he held from
the
endowment unjustly and that he should put an end to his wrongdoings and
should
make amends to the monks for what he had done to them.
After
a few
days Peter de Rosset with his sons came before the Archbishop in the
house of
Poncius Causi and relinquished into his hand all that they had from the
endowment to the Lord God and Saint Mary and Saint Victor and to the
monks in
the presence of Poncius de Mongardin and Poncius Causi and Antelmus
Guinas. And he then absolved them from
their excommunication.
Meanwhile
the
Lord Count Isoard went to
When
the
archbishop heard that Peter Poncius and Peter de Rosset had resumed the
entire
endowment which they had surrendered into his hands for the Lord God
and Saint
Mary and Saint Victor and the monks, he excommunicated them. As soon as they heard of the excommunication
they did all the evil they could to Saint Mary and Saint Victor and the
monks. They did not permit Martin to
give the bailiff his gage, [9] as
all Christians should as
death approaches, and because of this the monks were unwilling to visit
him or
to give him the Lord's body (Eucharist).
Meanwhile Peter Poncius sent Bruno Stephan and Stephan Pomet to
get the
monks to visit him. And they came with
the body (Eucharist) and cross of our Lord Jesus Christ to visit the
man. The others, rising up against them,
drove out
the Eucharist and the cross of our Lord Jesus Christ with burning
brands, and this
they did three times. Afterwards he
died. The monks did bury him, even so,
and Peter Poncius and Peter de Rosset took away 10 solidi from the
goods which
he gave by his own mouth to Saint Mary and Saint Victor and his monks,
and gave
them to the monks of St. Michel. The
monks of St. Victor complained to the
countess who was at Gigors. She sent
them a message to come to her. Peter
Poncius did not wish to go, but Peter de Russet went to her and refused
to
justify himself before her and just acted in his usual way. He strongly insulted the monk William in her
presence in his most disgraceful language.
Then he went away in anger making threats.
While
these
men were persevering under excommunication in their hardness of heart,
the
archbishop came to Chorgues. Peter
Poncius and Peter de Rosset came before him and promised that they
would do as
they had been ordered concerning the honor for which they had been
excommunicated, so that (the archbishop) might take back from them what
it
pleased him to do. Thus they swore in
the hand of the archbishop an oath in the amount of 200 solidi. The guarantors were Bruno Stephan and Peter
Cedal. The archbishop summoned Peter the
bailiff; they went into the church and he constrained him under pain of
excommunication on behalf of God and Saint Mary and Saint Victor and
through
the faith which he owed him, to tell the truth, whether this was the
mansus of
Benedet Pella which the monks were demanding as part of the endowment
of Saint
Mary. Peter the bailiff, when he heard
the threat of excommunication, was very angry because he was afraid
they would
lose. Nevertheless, under this
constraint, he said and affirmed: "This is the mansus which the monks
of
Saint Victor are demanding from the endowment of St. Mary."
Then
they went
out to the meeting (placitum). The
archbishop said that he would not hold the trial (placitum) until
Isoard, son
of Poncius de Turre and Gerald, son of John de Turre, came and
surrendered the
church and endowment of Saint Mary as Peter Poncius had.
And these men came and made their surrender
just as [ie on the same terms as] Peter Poncius had done.
Then the archbishop questioned Peter Poncius
and Peter de Rosset whether they knew that this was the mansus of
Benedet
Pella, which the monks were demanding for the endowment.
And they said, "We know that we have
this mansus through you, and if you wish us to say that it is from the
endowment, we shall say so."
And
the
archbishop answered, "I do not want you to speak my will but to speak
the
truth,[10] whether you know
that this mansus is from the endowment."
But
they told
him: "We did not know anything more."
Then the archbishop warned Peter the bailiff to speak the
truth [11] by the
faith he owed him. And he answered,
"I know that this is that mansus which the monks demand of Benedet
Pella
and it is from the endowment, but I beg you to keep them on."
Their
advisors
(consiliatores) who had come with them, namely Rodulphus Broca and
William
Bastard, said, "Let there be no further dispute between you and the
monks;
but the archbishop should retain you as his vassals."
But
(the
archbishop) said, "I do not know on what ground I may retain them since
they do not acknowledge that (the property) is from the endowment."
And
they
answered, "We do so recognize, and we know it, but we beg you to retain
us
as your vassals."
Then
the
archbishop called on the monks and knights were were with him. He accepted their advice on whether to retain
them for half of the tasche [12]
from the mansus of Benedet Pella now
called
"Salamon and Ferreng's" and from those houses which they conceded to
the monks from the tenure of Tasta Ceial, except the ones which
belonged to
Stephan Peregrinus and those which belonged to Ginnas Tasta Ceias.
And
they did
not want to make this agreement (placitum) but said: "We will make an
agreement according to which we will surrender half of the mansus of
Salamon
and Ferreng to the monks and for those houses which we have proved
(ours) we
will give them as much good land in a very good place as our friends
and theirs
approve, and if this is not pleasing to them, we shall hold for fealty
all the
houses on which they may impose a rent (census) to be paid them each
year." This displeased the
archbishop. And thus they parted
company.
But
they held
on to the endowment the same as before, and William complained many
times to
Archbishop Lantelmus and Count Isoard, who promised that they would do
justice
when they came together to Chorges.
After William, monk of St. Victor had made many complaints to
the
above-mentioned archbishop and count, the count of Urgelle came to
Chorges. Then William told the
Archbishop and Count Isoard that they ought to do justice concerning
those who
had taken away the endowment from the
Peter
Poncius
said, "Because the monks now demand more than belongs to the
endowment." Then (the count) asked
them if they could find credible witnesses anywhere in the village.
William
said:
"I would believe the sons of Guinas Tasta Ceias if you constrained them
on
oath."
Bruno
Stephan
said: "They are not suitable witnesses, because they are much too
young."
William
answered, "If they are young, their father was an old man when he
testified to me at the time of his death."
Then
Bruno
Stephan, "He was not a trustworthy witness either, because he was much
too
old." [13]
To
which
William: "And if he was too old and the sons too young, tell me what
witness you will believe."
Then
Peter
Poncius, "There is Peter the bailiff who well knows the truth; we will
believe him if you constrain him on oath."
They
sent
Bertrannus, the son of Bruno Stephan, to get him to come.
Then Isoard and the archbishop told Peter the
bailiff to speak the truth as he knew it and could swear that it was. But he did not wish to swear or to give his
evidence. So they constrained him, by
his fealty to God and Saint Mary and Saints Marcellinus and Victor and
by the
faith which he had given them, to tell the truth and swear. Thus constrained, he said that he would do
what they wanted. [14]
And
they said,
"We wish that first you speak the truth and afterwards that you make an
oath."
Then
he said,
"I know that the entire mansus of Benedet Pella, which they now call
Salamon and Ferreng's, with its tithe and tasche and all services,
belongs to
the endowment of Saint Mary." Then
they interrogated him concerning the houses which the monks demanded as
from
the endowment.
He
said,
"Yes, but concerning those houses which lie between the house of the
shieldbearer and the old ditch, they once were (within the endowment),
but
recently they have been cleared; besides, the road used to be wider
than it is
now."
And
on this
basis they all agreed, and they surrendered all these things, by
Peter's
testimony, into the hands of the archbishop and of the monk William, in
the
presence of Count Isoard and the knights who were there.
Then Isoard asked William to retain them (as
vassals) for that property if it should please him. He said he would do
so, but
that this would not be firm without the abbot's confirmation. And they,
now
acknowledging the truth (of the matter), asked him to take them before
the
abbot. He promised he would do so.
After
a short
interval the lord abbot sent William a message to come to him at
Villecrose. He urged Peter de Rosset and
Peter Poncius to go with him, but they did not wish to go away. After this, he sent another messenger to urge
them to go to Saint Stephen of Riez, and they were unwilling to leave. Later the lord abbot came to Valernes and
sent a message for William to come there.
And (William) sent a message to Peter de Rosset and to Peter
Poncius
that they should go with him to the abbot, but they disregarded it. So William went to the abbot and asked him to
go to Chorges so he could speak with them.
Then
(the
abbot) came and remained there two days, and on the third day Peter de
Rosset
and Peter Poncius came with their friends that they might receive from
him as
much of the honor, which they had previously surrendered in the hand of
the
archbishop and of the monk William, as was pleasing to him. He said, "I want you to tell me how much
you have surrendered and how much you acknowledge."
And
they said,
"We acknowledge the entire mansus of Benedet Pella with the tithe and
the
tasche and all the services and that tenure which was Richer's and is
now
called Tasta Ceias'." William asked
them about the houses which were on this tenure, if they recognized
them to be
as Peter the bailiff had testified. And
they then answered, "Yes."
Then
he asked
them about the houses which lie between the house of the shieldbearer
and the
old ditch and between the house of John Marcio and the top of the
bridge. But they denied that these were in
the endowment
and William said, "Why do you deny that they were in the endowment?"
Then
they told
him, "Because Peter the bailiff did not say they were."
And
William:
"Peter is still alive and is in this village; call him and let us hear
(what he has to say)."
But
they said,
"We will not believe him if he does not swear."
And
William:
"When he wished to swear in the presence of the archbishop and
Count
Isoard you said, `We believe' and now you say, `We shall not believe
without an
oath.' We do not have power over him
that he should make an oath for us."
Then
the lord
Abbot said, "Let us wait for the Archbishop and Lord Isoard, so that
they
may say what Peter the bailiff testified before them."
And thus it remained.
APPENDIX
I,
archbishop
Rado [of Embrun], give and concede to that sacred place, the holy
church of God
which is built and constructed in honor of St. Mary, half of the manse
which
Benedet Pelad cultivates. And I Isoard [give and concede] a cottager's
holding
which Richer cultivates along with all of its appendages and
appurtenances. And
this land is situated within the pagus of Embrun and the territory of
the
castle which is called Chorges. We concede them for such purpose and on
such
conditions that those who serve that church each day and have to
perform the
divine office there should hereafter have the power to hold and possess
them
without interference from any man. If, indeed any man etc. [16]
Signed
Archbishop Rado and Isoard who had this charter written and invited
witnesses
to strengthen it. Signed by William as witness. Signed by Ostorgius as
witness.
Signed by Girardus as witness. Signed by Walter as witness. Signed by
Pons as
witness. Signed by William son of Isoard and his brother Peter as
witnesses.
I,
Iterius the
priest, wrote this charter on request, on the 4th of February during
the reign
of King Raoul [c. 1020]. [17]
[Cartulaire de l'abbaye de Saint-Victor de
1.
This is
represented by the grant in the appendix at the end.
2.
"monstraverunt".
This means "show" in a quasi-technical sense, ie to put in evidence.
The verb connotes a plausible plea claiming to entitle its proponents
to a
favorable preliminary judgement on proof.
3.
"monstrarent";
see last note.
4.
"manibus
suis", ie on his own without oath-helpers.
5.
Here and in the
last sentence, consilium is rendered by "counsel". In effect, the two
Peters have proposed a draft (mesne) judgement which the judges now
accept and
pronounce.
6.
"ostendit",
which must mean that William showed him the physical location.
7.
"omnia
placita et omnia consilia ... remanserunt".
8.
"propter
gripicionem" (= guerpicionem); this was a release or quit-claim, where
someone abandoned their claims on property.
9. gadium, a symbolic object, needed here to authorize the executor of a will to make a post mortem gift
10. "dicatis
veritatem"; verum dicere = to give testimony, as in verum dictum, verdict.
11.
"ut verum
diceret". See previous note.
12.
"tasche",
= share of the crop owed by tenants to the landlord as rent from new
fields.
13.
ie he was no longer
of sound mind; cf. the deep medieval mistrust of deathbed testimony.
14.
Reading
"volebant" for "videbant".
15.
Reading
"si ei placeret" for "sibi".
16.
The copyist
here omits an anathema clause in standard form.
17.
Another small
grant to St. Mary's follows.