1700079390 12.Maitland, Domesday Book and Beyond，1891，p.511.

1700079391

1700079392 13.When it is reported in the Annales Bertin, for the year 869 that for the garrison of a newly erected fort Charles the Bald called up one gastalds（scaramannus: warrior without a fief）from every 100 hides of land and a wagon with two oxen from every 1，000 hides, this does not give us any specific number, since it was not known at the court how many hides there were in each county. Consequently, this is only a very approximate reference, like the levy by groups.

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1700079394 14.In his German and French Constitutional History（Deutsche und französische Verfassungsgeschichte），Ernst Mayer has no doubt recognized the contradiction in the source material, but the solution that he gives in Vol.I, p.123，is impossible. He claims that on the Rhine, in Bavaria, and in Gothic Southern France only the Germans took the field, whereas berween the Seine and the Loire the general military obligation applied also to the Romans. One can imagine how such a Roman militia would have shown up between the Franks and the Goths！

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1700079396 15.That also applies when, as we later find prescribed in the Weissenburg service law and elsewhere, the ministeriale was supposed to be provisioned by the curia after the crossing of the Alps. Baltzer, pp.69，73. Waitz 8：162.

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1700079398 16.A manuscript of the Theodon Capitulary of 805，Chap.5，contains the sentence: “et ut servi lancea non portent, et qui invents fuerit post bannum hasta frangatur in dorso ejus”（“and that the unfree should not carry lances, and a spear should be broken on the back of whoever was found doing so after the order”）. Waitz, Verfassungsgeschichte，1st ed.，4：454，interprets that to mean that the common soldiers who followed their lords to war were absolutely forbidden to carry the lance as their individual weapon. This interpretation is not acceptable. That chapter has to do with the bearing of weapons in peacetime（“in patria”: “in one’s own country”）and with the suppression of feuds. Freemen were forbidden to carry arms（shield, lance, and armor）in peacetime, but no specific punishment was provided. In the case of serving men, this prohibition was backed by a threat of punishment.

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1700079400 17.The source passages are to be found in Prenzel, Contributions to the History of Military Organization under the Carolingians（Beiträge zur Geschichte der Kriegswesens unter den Karolingern），Leipzig dissertation，1887，p.34，and in Waitz, Deutsche Verfassungsgeschichte，4：455.

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1700079402 18.Multiple references are to be found in Guilhiermoz, p.245.

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1700079404 19.Annales Fuldenses（Annals of Fulda）for the year 894；Annales Altabenses（Annals of Niederalteich）for the year 1044：Thietmar，6：16.

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1700079406 20.Peez, in “The Travels of Charlemagne”（“Die Reisen Karls des Grossen”），Schmollers Jahrbücher fur Gesetzgebung，2（1891）：16，assembles all of Charlemagne’s travels and estimates that on the average he covered 1，100 miles each year of his reign. In the year 776 his travels amounted to almost 1，900 miles, and in 800 he covered almost 2，000 miles.

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1700079408 21.Imperial Courts in the Lippe, Rubr, and Diemel Areas（Reichshofe im Lippe-，Rubr-，und Diemelgebiet），1901. The Franks: Their System of Conquest and Settlement in the German Regions（Die Franken, ihr Eroberungsund Siedlungssystem im deutschen Volkslande），1904.

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1700079410 22.Brunner, Deutsche Rechtsgeschichte，2：57 ff.，where all the source passages are also cited.

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1700079412 23.Daniels, in Manual of German Imperial and National Legal History（Handbuch der deutschen Reichs-und Staatenrechtsgeschichte），1：424，463，has already correctly observed that under the Merovingians the entire population cannot possibly have taken the oath. But his basis from the sources, on the other hand, has been correctly rejected by Waitz, Deutsche Verfassungsgeschichte，2d ed，3：296. The entire argument, however, arose from the erroneous interpretation of the basic concept, that is, of the Frankish people. Daniels was entirely right in believing that only the warriors took the oath, but he was in error in believing that this warrior class was already a class of vassals at that time. Waitz was right in his belief that the entire people（Volk）took the oath but incorrect in identifying this “people” with the population. As a result of our determination that the sources of the period are referring to the warriors（Kriegsvolk）when they say “people”（Volk），the entire dispute has become baseless. From the formal, juridical, and source-based viewpoints, Waitz is right; but objectively, in that the warrior class of the Merovingian period was the precursor of the vassal class of Carolingian times, Daniels is right.

1700079413

1700079414 24.The oath in the Capitulare missorum（Capitulary of legates），M.G.，1.66 reads as follows in the corrected text（see Appendix 2 for Latin text）：

1700079415

1700079416 How that oath ought to have been sworn by bishops and abbots, or counts and vassal princes, also deputies, archdeacons and clerks.

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1700079418 3.Clerics, who do not seem to live completely like monks; and where they keep the rules of Saint Benedict according to his order, they should promise in word as much as in truth, and some of these the abbots especially should bring to our lord.

1700079419

1700079420 4.Then advocates, deputies, or whoever will have been elected as elders, and the whole mass of the people, twelve-year-old boys as well as old men, whoever had come to the assembly and are able to fulfill and observe the order of their lords, whetther peasants or men of bishops, abbesses, and counts or men of others, royal subtenants, tenants, clerics, and serfs, whoever as honored men hold benefices and services or were honored in vassalage since they are able to have the horses of their lord, arms, shield, lance, sword, and short sword, all should swear. And they should carry with them the names and number of these in a list, the counts likewise divided by single centenae [subdivisions of a county]，just as those who were born within a district and will have been peasants and those frome elsewhere who have been committed in vassalage.

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1700079422 Finally, warnings to those who want to escape the oath.

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1700079424 25.Contin. Fred.，Chap.135（Chronicarum quae dicuntur Fredegarii scholastici libri IV cum Continuationibus: Four books of Chronicles which are said to be by Fredegarius Scholasticus with continuations）.

1700079425

1700079426 26.Annales Lauresh.（Annals of Lorch）for the year 773. The duke of Benevento and all the Beneventans were also summoned to do their duty by messengers. Waitz 3：255.

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1700079428 27.Waitz 4：437.

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1700079430 28.Baltzer, p.48，believes that the bow was not mentioned as a weapon of war in Germany before the twelfth century. But that is not correct. The opposing pieces of evidence are assembled in Waitz, Verfassungsgeschichte 8：123. Widukind 3：28 tells of two outstanding warriors who were cut down by arrows in 953. In 3：54，Otto has the Slavs fired on with arrows. Bruno, Chap.61，mentions “sagittarii”（“archers”）. Continuatio Reginonis（Continuation of the Annals of Regino）for 962 has the Germans using marksmen（“sagittarii et fundibularii”：“archers and slingers”）in the siege of an Italian stronghold. Richard Richer has a similar account at the siege of Verdun in 984.

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1700079432 29.As cited in Waitz 4：458.

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1700079434 30.Capitulary of Diedenhofen of the year 805.M.G.，1.123.“De armatura in exercitu sicut iam antea in alio capitulare commendavimus, ita servetur, et insuper omnis homo de duodecim mansis bruneam habeat；

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1700079436 qui vero bruniam habens et earn secum non tullerit, omne beneficium cum brunia pariter perdat.”（“Concerning armament in the army let it thus be observed, just as we have already commanded before in another capitulary. In addition, every man with twelve holdings should have a mail tunic; indeed, whoever possesses a mail tunic and will not have brought it with him should lose his whole benefice together with his mail tunic.”）

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1700079438 31.Capitulary of Aachen.M.G.，1.171，Chap.9.

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