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8.Wait, Deutsche Verfassungsgeschichte 2：169；2d edition，2：1，282.
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9.Brunner, Deutsche Rechtsgeschichre 1：85.
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6 日耳曼人与古罗马人的混居
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1.Prosper Tiro, anno 440：Deserta Valentinae urbis rura Alanis … partienda traduntur.（The uninhabited countryside of the city Valentina is handed over to be divided up by the Alani.）
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Prosper Tiro, anno 442：“Alani, quibus terrae Galliae ulterioris cum incolis dividendae a Patricio Aëtio traditae fuerant, resistentes armis subigunt, et expulsis dominis terrae possessions vi adipiscuntur.”（“The Alani, to whom the territory of Farther Gaul had been handed over by the patrician Aëtius to be divided with the inhabitants, suppressed the armed resistance of the natives. They acquired the property by force, after the owners of the land had been driven off.”）
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2.Here we may pass over whatever else there still was in the way of lease conditions, etc. See Brunner, Rechtsgeschichte 1：199.
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3.Procopius 3.2.
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4.Hartmann has drawn attention to this in his History of Italy in the Middle Ages（Geschichte Italiens im Mittelalter）1：109. The liability of the curiae naturally did not carry over to the Germans. Of course, the argument disappears as to whether and where the taxes were shifted as a result of the division.
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5.The idea that an original 1/2：1/2 division of the cultivated land was later changed to 2/3：1/3 has been rejected with good and convincing reasons by Kaufmann in Forschungen zur Deutschen Geschichte, Vol.X.
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6.Gaupp, p.352，note.
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7.Lex Visig.9.2.6.
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8.Dahn, Konige 3：162，Note 4.
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9.The lex Burg.carries the signature of thirty-one or thirty-two comites（Binding, Fontes rerum Bernensium, p.95，Note 16）. But it is no doubt not necessary that all of these comites were active administrators of counties, Binding, in his Geschichte des burgundischgermanischen Königreichs 1：324，assumes that there were at least thirty-two counties.
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10.If in lex Visig.10.1.16 it is assumed that a Goth has taken by force the third belonging to a Roman and he is supposed to return it if the situation has not existed for fifty years, that can after all only apply to estates of absentee landowners. A Roman who had been robbed of his entire property by the Goth with whom he was supposed to share would certainly have taken up the fight for his rights either immediately or never, On the other hand, a high Roman may have realized for many years that one of his estates had illegally been taken from him but then finally, after the sense of legal security had become firmer among the new masters, he might have again made his claim.
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11.Gaupp, p.404.
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第三篇 查士丁尼皇帝与哥特人
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1 查士丁尼军制
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1.A.Auler, de flde Procopii in sec.bello Persico Justiniani I imp.enarrando（On the Reliability of Procopius in Describing the Second Persian War of Emperor Justinian I），Bonn dissertation，1876.
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2.Belonging to the same period as Procopius are two theoretical documents that do not offer much in themselves but are important as controls, extension, and even refutation of Procopius. One is a writing by Urbicius（Orbikios）and the other an anonymous work, Peri stratēgikēs（On Generalship）*. For discussion of both, see Jähns, Geschichte der Kriegswissenschaften 1：141 ff.and Rüstow-Köchly. Griechische Kriegsschriftsteller 2：2.
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3.De Justiniani Imperatoris aetate quaestiones militares scripsit Conradus Beniamin（Military Questions from the Age of Emperor Justinian I by Conrad Benjamin），Berlin dissertation，1892，W. Weber.
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4.Mommsen, Hermes 24：258.
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5.Justinian also sought to maintain the institution of the “border guards”（Grenzer），and he organized new ones in Africa. The edict covering this was even transcribed into the code and has come to us in that way. Mommsen, Hermes 24：200. But the salary that was allocated and promised to these men, in addition to the land given to them, could not be paid to them; there was too much demand elsewhere for liquid currency. Finally, Justinian seems to have deprived them of their character as soldiers as well as their pay. Procopius, hist.arc.24，as cited by Mommsen in Hermes 24：199. Others consider this as applying only to the east.
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6.Taken from the translation by Coste in the History Writers of the Earliest German Period（Geschichtsschreiber der deutschen Vorzeit）.
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7.Spartian, Chapter 10.
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8.Vopiscus, Chapter 7.
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