1700079490 6.This point is not contradicted by the fact that the feudal lord held strictly to the obligation of his enfeoffed vassals to obey the summons for war. The law books also contain the strictest regulations on this point. But we already know from the Carolingian period that the strictness of the obligation did not mean that it always had to be accomplished in person. Rather, it could be satisfied with money, and for that very reason, and not because he would otherwise have had no men, the lord did not permit any modifications. The later supplements to the Roncaglian edicts of Frederick I required that the vassal provide a suitable substitute or pay half of the annual produce of his fief. Waitz，8：145. In the corresponding Saxon code, he had to pay only a tenth of his annual income, Lehnrechte，4：3. Auct.vet.，1：13. Deutschenspiegel Lehnrechte，11. Schwabenspiegel Lehnrechte，8. According to Rosenhagen, Zur Geschichte der Reichsheerfahrt, p.59.

1700079491

1700079492 7.Waitz，8：100.

1700079493

1700079494 8.Baltzer, p.23. Rosenhagen, p.18.

1700079495

1700079496 9.Annales Colonienses maximi. SS（Greatest Annals of Cologne. Historians in the M.G.series），17：843，now Chronica regia Coloniensis continuatio quarta（Royal Chronicles of Cologne, Fourth Continuation），p.265.“In campis Lici secus Augustam fere 6 milia militum in exercitu region sunt inventa.”（“In the area of Licum near Augusta almost 6，000 soldiers were found in the royal army.”）The only other example of a counting of troops that I have noted is from the fourteenth century: Christian Küchemeister, Neue Kasus Monst.St. Galli. Abbot Berthold（1244-1272）moved to the aid of the count of Hapsburg against the bishop of Basel with recruited knights and soldiers “and brought him more than 300 knights and soldiers, all of whom were counted at Säckingen above Brugg.”Historischer Verein von St. Gallen，1（1862）：19.

1700079497

1700079498 10.We now see as pointless the frequently discussed controversy as to whether only royal fiefs, or also fiefs granted by lords, or also allodia, carried obligations for military service under the king, and whether such obligations differed under varying conditions.（Weiland，“The Campaign of the Royal Army”[“Die Reichsheerfahrt”]，Forschungen zur deutschen Geschichte, Vol. VII；Baltzer, On the History of the German Military Organization[Zur Geschichte der Deutschen Kriegsverfassung]，Chap.1，para.3；Rosenhagen，“On the History of the Royal Army Campaign from Henry VI to Rudolf von Hapsburg”[“Zur Geschichte der Reichsheerfahrt von Heinrich VI.bis Rudolf von Habsburg”]，Leipzig dissertation，1885.）Anyone directly enfeoffed as a prince by the king was obliged to report with a troop of such strength as he himself determined and which he himself raised. It was up to him as to the extent to which he drew upon his fief and his allodia. Naturally, the king had no claim on the subvassals, but, on the basis of the royal levy, their lord ordered them to participate, or they were relieved of that responsibility through a contribution determined by custom and agreement. Allodial possessions within a county—a question that Heusler, Deutsche Verfassungsgeschichte, p.137，still believes will never be solved—were also taxed by the count in accordance with custom, on the basis of the royal levy. Naturally, nobody was free from the military burden except in cases of specific privileges. The king placed the same requirements on his royal ministeriales that the princes placed on theirs. The conditions of those freemen of the kingdom who were not princes, conditions originating in the thirteenth century, form a special case which we need not consider here.

1700079499

1700079500 From the contributions which the cities made for the army campaigns, there developed the city taxes which the emperors later demanded from the free cities. These taxes give positive testimony that it was not just the royal fiefs that were called on for service to the emperor, a point that would, of course, be taken for granted under any circumstances. See Rosenhagen, p.67，and Zeumer, German City Taxes in the Middle Ages（Deutsche Städtesteuern im Mittelalter）.

1700079501

1700079502 11.Hegel, Städteverfassungen，2：191.

1700079503

1700079504 12.The last point represents Waitz’s opinion. Deutsche Verfassungsgeschichte，8：133.

1700079505

1700079506 13.Baltzer, On the History of the German Military System（Zur Geschichte des deutschen Kriegswesens），Chap.1，Sect.5，“The Strengths of the Contingents，” has already correctly recognized and given an excellent discussion of these conditions. I refer the reader to his work for the details and the cited passages. The only point on which I disagree is that Baltzer pictures the situation, as I have described it, as existing only from Henry IV on, and he believes that in earlier periods definite numbers, differing according to the situation, had been required, as in the order of Otto II. For my part, I date the feudal organization, which only exceptionally necessitated the use of such specific numerical requirements, as early as the period of Henry I and thereafter.

1700079507

1700079508 14.Jaffé，Bibl.，1：514.

1700079509

1700079510 15.Bibliography on this subject is to be found in Brunner, Principal Features of German Legal History（Grundzüge der deutschen Rechtsgeschichte），2d ed.，p. III, and Waitz, Verfassungsgeschichte, V，2d ed.，p.342.

1700079511

1700079512 Of particular importance in this connection are the Latin and German versions of the Laws for the Serving Men of the Archbishop of Cologne（Recht der Dienstmannen des Erzbischofs von Köln），ed.Frensdorff，1883，as well as the “constitutio de expeditione Romana”（“Ordinance concerning a Roman expedition”），although the latter, presumably a decree of Charlemagne, is fraudulent. According to Scheffer-Boichorst, Zeitschrift für Geschichte des Oberrheins，42（1888）：173，repeated in the collection On the History of the Twelfth and Thirteenth Centuries（Zur Geschichte des 12.und 13. Jahrhunderts），1897，this fraudulent document was composed around 1154 in the monastery of Reichenau in Swabia. The purpose was to specify, in the interest of the authorities, the obligations and rights of the ministeriales of the monastery, who were full of demands. Reprinted in M.G. LL，2.2.2. See also “Das Weissenburger Dienstrecht” in Giesebrecht, History of the German Imperial Period（Geschichte der deutschen Kaiserzeit），Vol.II, appendix.

1700079513

1700079514 16.Schöpflin, Alsatia diplomatica，1：226. Waitz, Deutsche Verfassungsgeschichte，8：156.

1700079515

1700079516 17.When Ladislaus of Bohemia levied his men in 1158 for the march to Italy, they were initially very dissatisfied, but when he explained that those who did not want to go would be allowed to stay at home, while those who went on the expedition had the prospect of rewards and honors, they all eagerly accepted the call.

1700079517

1700079518 18.It is stated in this way in the “Service Regulations of Vercelli of 1154”（“Dienstrecht von Vercelli vom Jahre 1154”），published by Scheffer-Boichorst, Zur Geschichte des 12.und 13. Jahrhunderts, p.21：“Illam securitatem, quam dominus fecerit regi secundum suum ordinem, illam securitatem debent facere vasalli super evangelio domino episcopo de expeditione Romana.”（“That guarantee which a lord will have made to the king, according to his own rank, vassals ought to make to their Christian lord bishop in regard to a Roman expedition.”）

1700079519

1700079520 19.On 7 November 1234，Pope Gregory IX required that a number of German princes should march to join him in the following March “te personaliter decenti militia comitatum, quae in expensis tuis per tres menses praeter tempus, quo veniet et recedet … commoratur”（“you in person by the proper military service of the office of counts, which lasts at your expense for three months in addition to the time in which you will come and return …”）. Huillard-Bréholles，4：513. In November 1247，Emperor Frederick ordered the Tuscan cities to send the knights their trimonthly pay. Huillard-Bréholles，6：576. A dubious document of Frederick’s, supposedly dating from May 1243，confirmed to a certain knight Matthäus Vulpilla the property granted to his family by King William in return for providing “unius militis equitis armati per tres menses continuo infra regnum, cum necesu erit”（“one armed horseman for three months in succession within the realm when it will be necessary”）. Huillard-Bréholles，6：939.

1700079521

1700079522 20.Guilhiermoz, Essai sur l’origine de la noblesse, p.276，believes that the forty-day service was first introduced by Henry II for Normandy and was then extended to the other possessions of the Plantagenets. In other French areas, he believes, there developed the legal custom for military service to be provided from the start at the expense of the lord.

1700079523

1700079524 21.With respect to these conditions, see Boutaric, Institutions militaires de la France avant les armées permanentes, p.126 ff. On p.233，Boutaric mentions a “coutume d’Albigeois”（“custom of the region of Albi”），from Martène, Thesaur.nov.anecdot.，1：834，according to which a vassal who did not bring along the prescribed number of men to the levy had to pay, as punishment for each missing warrior, double the amount of the man’s pay.

1700079525

1700079526 22.Waitz，8：162.

1700079527

1700079528 23.According to the so-called constitutio de expeditione Romana, M.G. LL.，2.2.2.

1700079529

1700079530 24.Boutaric, Institutions militaires de la France, has collected the passages on this subject on pp.191 ff. He says that complete lists of the feudal levies do not exist, but those that have survived show how small the obligations of the great vassals were. Under Philip Augustus, the duke of Brittany provided forty knights, Anjou forty, Flanders forty-two, the Boulonnais seven, Ponthieu sixteen, Saint Pol eight, Artois eighteen, Vermandois twenty-four, Picardy thirty, Parisis and Orléanais eightynine, and Touraine fifty-five.

1700079531

1700079532 From the time of Henry I（1152-1181），the counts of Champagne had lists made of their vassals, extracts from which have been passed down to us. Published in D’Arbois de Jubainville, Histoire des ducs et comtes de Champagne, Vol.II，1860.

1700079533

1700079534 The first of these lists shows a total of 2，030 knights（milites）. They provided the king with twelve bannerets.

1700079535

1700079536 Normandy had 581 knights in the service of the king and 1，500 in the service of the barons.

1700079537

1700079538 In 1294，Brittany had 166 knights（chevaliers，écuyers et archers），who were obligated to participate in the expedition. According to another source, there were 166 knights and 17 squires（écuyers）. Brittany was obligated to provide only 40 for the king.

1700079539

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