INTRODUCTION (by Richard Barton)
A. Date: around 1096.  See discussion of dating practices here.
B. Author: the monks of the Abbey of St Serge of Angers (in western France).  Monasteries kept fairly accurate records of any transactions concerning property that was theirs (or that they felt ought to be theirs); these records were solemn symbols of the transaction (often a gift of land by a nobleman to the monastery) and were written down in a form known as charters.  After a point, however, the monastery could get swamped with thousands of these separate charters.  For this reason, most monasteries compiled books (called cartularies) into which the separate charters were copied.  Sometimes modern historians are lucky enough to possess both the original charter and the later cartulary copy; comparison of the two reveals that although the monks were generally scrupulous in copying the exact words of the charter, they sometimes could not resist "improving" or altering the version that appeared in the cartulary.  This document comes from a monastic cartulary compiled during the late 12th century.

Girbald the priest held a certain land in Beuzon quietly for as long as he lived.  He had two sons, Simon and Geoffrey, to whom, as the day of his death approached, he abandoned the land in the following way: when they were coming to their own last days, they ought to make some church the heir of this land, [and they ought to do this] for the salvation of his soul, of the souls of their kin, and of the souls of their brothers.  And thus after Simon had died, the younger brother, Geoffrey, received the land according to this arrangement.  Except for 3 shillings of rent which he rendered to Rorgo of Briançon and 8 pennies that he rendered to Warin the Black, Geoffrey cultivated the parcels of that land quietly and without any exaction of customs or revenues.

In the year 1096 from the incarnation of the Lord, the sweet preaching of the highest bishop of the Roman see, Urban [ie., Pope Urban II, d. 1099], converted the hearts of many listeners away from their sins and towards love of heavenly life.  Among the numberless throng who, as they were listening, felt the desire to take up the pilgrim road to Jerusalem for the general remission of their sins, was the aforesaid man, Geoffrey.  Geoffrey was very prudent, and, having been led to this occasion by his many sins, quickly determined to travel to Jerusalem.  While he was preparing the necessary arrangements for the journey, since he would have to settle his affairs before he left, he took prudent counsel and, in no way neglecting the promises made by his father and brother, he elected the church of Saint Serge - since it was more familiar to him and his men - as the one to which he would give the aforesaid land in perpetual tenure. [In return for his donation,] Geoffrey accepted a little portion of the wealth of the church.  Indeed, the lord abbot Bernard, with the consent of the other monks, delivered to him for his journey silver, pennies, and other necessities worth a total of eight pounds of silver.  After the gift of this land had been placed in the hand of abbot Bernard in the presence of many monks and laymen, the same Geoffrey, with the support of Walter, the prior of the abbey of Saint-Serge, and of the members of the household [of Saint-Serge], immediately went to the chapter-house of the cathedral of Saint Maurice, where the following people were then present: from the clergy, William the archdeacon, Stephen of Continiaco, Aimery of Ramofort and many others; and from the laity, Rainald Bergevin, Albert of Merallo, Rostelairus, Rainer and innumerable others.

When the donation of land had been re-stated and confirmed, the very same Geoffrey asked whether anyone who was present wished to lay claim to what he had held in that land.   On top of this, Geoffrey surrendered his advocacy to Rafredus, the provost of the abbey of Saint-Serge, so that if after his death anyone should lay claim to the land of the monks, Rafredus might prove indubitably that Geoffrey had held it free from every customary exaction or service, saving the aforementioned rent [here Geoffrey is making Rafredus his executor while he is on crusade].  Then the same Geoffrey stayed in Angers for more than half a year settling his affairs as he liked and dealing with any problems that came up; in that time he was able to dispose of all his business in preparation [for his journey].  During that time all claims [against the land] remained utterly silent.

When the intervening time had passed, Geoffrey set out on the planned voyage.  After he had traveled through very many lands and, like a great many others, had suffered a grave illness, he quit both the voyage and his life [that is, he died].  After a year or more had passed, certain men who were returning from the crusade announced that Geoffrey had gone the way of all mortal flesh.  When he heard this, Rorgo refused to accept the rent for that land from the monks, saying that even though he was the primary lord of that land, he had not confirmed Geoffrey's gift [here Rorgo is refusing to recognize the monks' rights as the legal heirs to Geoffrey].

On account of this, lord Abbot Bernard, having taken counsel, gave Rorgo ten pounds of silver and gave Rorgo's son, Payn, 30 shillings, in order that they might confirm and thereafter guard that donation; which they did.

Warin the Black, however, although he had not previously possessed anything in that land except the 8 pennies of rent, claimed more than half of this land, saying that Geoffrey had held it from him in fief through friendship.  After this dispute had lasted for a long time, even though the abbot and monks were constantly offering to go to court to determine who was right, Geoffrey of Briollay [a more powerful local lord] set a time for a "discussion" with Warin and Matthew of Sacé, from whom Warin claimed that Geoffrey held this land.  The time for the "discussion" arrived and, after the arguments of both parties had been heard, it was judged [that] Rafredus, who had accepted the executor-ship from Geoffrey, ought to swear [an oath] that Geoffrey owed Warin nothing more from that land than the 8 pennies.  But Warin disputed [ie., refused to accept] Rafredus' oath.

And, therefore, a date for a judicial duel was set.  After the monks had already begun preparing the necessities for such an event, Warin realized that he might be wounded many times from such a duel, regardless of whether he won or lost.  For this reason he approached lord Abbot Bernard about an agreement, which he began to set into effect in this way (this agreement, moreover, was obtained through the efforts of Maurice d'Écharbot): Warin and abbot Bernard gathered in the public hall [literally, in Latin, "auditorium"] of the abbey of St Serge in the presence of many people, whose names are written below.  There Warin confirmed to the holy martyrs, Saint Serge and Saint Bach, and to the monks serving them possession of that land forever, wholly free, quit, and clear of any custom or service, just as Geoffrey had held it, with the exception of the 8 pennies of rent.  Warin delivered this confirmation into the hand of Abbot Bernard, who, in turn, gave Warin seven pounds of silver.

Witnesses. From the monks: Abbot Bernard, Prior Walter, Arduinus, Hervey, and others. Representing the clergy [from the cathedral of St Maurice, most likely]: William the archdeacon, Hubert the cantor, and others.  And from the laity: Geoffrey of Briollay, Warin of Bremo, Gerald the provost, Albert of Merail, Gerald the vicar, Simon his brother, Morin and Walter his sons, Maurice d'Écharbot, Rainald Burgevinus, Rafredus, Aymer Malus-Meschinus, Robert the Large, Ulric the furrier, John Pimo, William Dalibard, Ansgerius of Blesi, Walter the Fearless, and innumerable others.

But when Matthew had heard this, he disputed this agreement and indeed claimed the entire property; this dispute was resolved after several days in the following manner.  Matthew, with many of his friends, gathered with the aforesaid abbot at Briollay where, after much argument, Matthew at length confirmed to the monks the aforesaid land, free and quit for so long as Warin and his heirs should hold that land from Matthew or from his heirs.   If the heirs of Warin should be forfeit or should not survive, [the agreement shall by uphold by] those who are intermediaries between the monks and Matthew.  If Matthew should require [feudal] service from the monks, the monks in each year will furnish him one nag for an entire month.  He will hold it for no more than one month.  And if that horse shall die or be injured while in Matthew's care, the monks shall in no way furnish him another until he shall return the first.  The monks shall give nothing else to Matthew, except what Geoffrey Girbaudus was known to have rendered to Warin.  And on account of this agreement, the abbot declared Matthew quit of certain quarrels which the abbot had been engaged in with him and, on top of this, he gave to Matthew 60 shillings and, for proper tallage [that is, one of the traditional taxes collected from vassals by a lord], namely for the marriage of his daughter or for making his son a knight, two shillings  and six pennies.

Witnesses: Bishop Marbod of Rennes, Geoffrey the Treasurer.  From the monks: Prior Walter, Peter, Geoffrey Your Wolf, Herveus, Rainaldus. From the laity: Geoffrey of Briollay, Roger Bucca Orlatta, Warin of Bremo, Geoffrey of Fano, Geoffrey of Alverna, Geoffrey of Sarmaise, Hildebert nephew of Warin, Gerald the vicar, Walter of Thoizeio, Rorgo of Sacé, Rafredus, Stephen Fraaldus, Wihenoc, and many others.

This translation is copyrighted by Richard Barton.  Permission is granted for electronic copying, distribution in print form for educational purposes and personal use. If you do reduplicate the document, please indicate the source. No permission is granted for commercial use.

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