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 Rome, and they freely accepted this plan (consilium) among themselves.  (The knights) seeing that it was not going as they had expected, planned to deceive the monks by fraud and to take away the honor of St. Mary and St. Victor by asking for the endowment charter in which they knew was written the name of the man who once worked the mansus, one Benedet Pella, from whom the mansus took its name, Benedet Pella's.  Long after the death of Benedict Pella two of his successors came and divided the mansus among themselves in two parts.  One was called Salamon's and the other Ferreng's.  After this the name of the mansus was changed: one part was called Salamon, the other Ferreng.   Taking up the charter, they showed it to Lord Isoard, and he called William, monk of St. Victor, and showed him the charter.  After the charter had been read aloud, they argued (their cases) before the Count.  He, after taking counsel as is proper, asked that they affirm themselves to be within his power, so that what he judged justly would so be.  Peter Poncius with his group (ingenio) joined forces with Peter de Rosset and they gave Bruno Stephan as guarantor (fidejussorem) and the monks gave their own guarantor.

      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 Church of St. Victor, and rebuked him strongly in the presence of Poncius of Mongardin.  (William) denied that he had done this against him (the archbishop) but only to recover the honor of Saint Mary and Saint Victor, and thus going forth from the church they came before the count.  He, when he heard the story, was very keen to put the guarantors in the archbishop's hand, so that he might rightly judge between them.  But (the Archbishop) said, "As it has been done, so shall it remain."

      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 church of St. Christopher to take counsel on how they could ensure (quomodo definirent) that that there would be no war (bellum) between the monks and the knights.  These were in truth each preparing their men for battle (prelium).  The judges called in Peter Poncius and Peter de Rosset with their men for consultation, and they said that Peter Poncius would ask his mother about the endowment and that they would plead [3] everything they knew to the monks without any fraud, and if the monks persisted, Peter Poncius should make an oath single-handed [4] that (their party) did not know anything more.  (The judges) willingly accepted this counsel.  After this counsel,[5] (the two Peters) went out leaving the judges in the church.  The judges called William in.  He however entered the church with his men.  They announced to him the settlement (placitum) which we have described above, but he was unwilling to either accept or confirm it (laudare).

      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 Spain to fight the barbarians.  The sons of Poncius de Turre and Peter de Rosset and his sons saw that the land remained ungoverned.  They fiercely oppressed the monks of Saint Victor and their dependants, and took away from the endowment everything that they had handed back to the Lord God and Saint Mary and Saint Victor and the monks through the archbishop's hands, including the oats which (the monks) had sown on the endowment, and they destroyed the fields and harvest with their horses and cattle.  And Peter Poncius had the willows with which St. Victor and the monks covered their wine press cut down, and Isoard his brother struck down their herdsman.  Again in the winter his men cut down their willows for firewood and they took back the property of their father which Saint Victor and his servants ought to have had, and they took away the first fruits and offerings from holy church.  What more can we say?  They prevented (the gathering of) stones from the streams and fields and vineyards so that the monastery could not be (re-)built.

      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 church of Saint Mary, and they solemnly promised to do so.  They then summoned certain knights, Poncius de Merindol and Trinmundo and Bruno Stephan and Bertrannus his son and many others, and they entered the church of St. Christopher.  Then Isoard asked Peter Poncius and Peter de Rosset why, after making so many surrenders (guirpiciones) of it, they had held on to the above-mentioned endowment.

      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 Marseilles (Paris 1857), vol. ii, nos. 1057, 1089, pp. 529, 555-64. Translated by Patrick Geary and PRH.]

 


 

     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.