1700095708

1700095709 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.

1700095710

1700095711 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）：

1700095712

1700095713 How that oath ought to have been sworn by bishops and abbots, or counts and vassal princes, also deputies, archdeacons and clerks.

1700095714

1700095715 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.

1700095716

1700095717 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.

1700095718

1700095719 Finally, warnings to those who want to escape the oath.

1700095720

1700095721 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）.

1700095722

1700095723 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.

1700095724

1700095725 27.Waitz 4：437.

1700095726

1700095727 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.

1700095728

1700095729 29.As cited in Waitz 4：458.

1700095730

1700095731 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；

1700095732

1700095733 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.”）

1700095734

1700095735 31.Capitulary of Aachen.M.G.，1.171，Chap.9.

1700095736

1700095737 De hoste pergendi, ut comiti in suo comitatu per bannum unumquemque hominem per sexaginta solidos in hostem pergere bannire studeat, ut ad placitum denuntiatum ad ilium locum ubi iubetur veniant. Et ipse comis praevideat quomodo sint parati, id est lanceam, scutum et arcum cum duas cordas, sagittas duodecim. De his uterque habeant. Et episcopi, comites, abbates hos homines habeant qui hoc bene praevideant et ad diem denuntiati placiti veniant et ibi ostendant quomodo sint parati. Habeant loricas vel galeas et temporalem hostem, id est aestivo tempore.

1700095738

1700095739 Chap. 17. Quod nullus in hoste baculum habeat, sed arcum.

1700095740

1700095741 （When the army is on the march，[we order]that it should be the business of a count to proclaim by edict in his county that each man in lieu of 60 solidi should do military service, and that they should come to the assembly announced at that place where it is commanded. The count himself should have an eye to how they have been equipped, that is, lance, shield, a bow with two strings, and twelve arrows. Each of them should have these. Bishops, counts, and abbots should have these men who see to this well, and they should come on the day of the announced assembly and there they should show how they have been equipped. They should have breastplates, helmets, and an army for the season, that is in the summer time.

1700095742

1700095743 Chap. 17. That no one in the army should have a staff, but a bow.）

1700095744

1700095745 32.Gessler, The Cutting and Thrusting Weapons of the Carolingian Period（Die Trutzwaffen der Karolingerzeit），Basel，1908. See also in this connection Zeitschrift für historische Waffenkunde, Vol.V，2：63. According to Lindenschmidt, p.151，almost all the bows found in Merovingian graves are 7 feet long. Köhler，3：113，states 5 feet.

1700095746

1700095747 2　萨克森人的降伏

1700095748

1700095749 1.Nithard 4：2.Annales Bertin.for the year 841.

1700095750

1700095751 2.Rübel, The Franks: Their System of Conquest and Settlement（Die Franken, ihr Eroberungs-und Siedelungssystem），p.400，in accordance with the precedent set by Oppermann, Atlas of Low German Fortifications（Atlas niederdeutscher Befestigungen），believes that the large fort, Babilonie, the ruins of which have been preserved, is connected with the battle of Lübbecke in 775. The installation, like all Frankish relay courts, is divided into a smaller, better preserved part, the palatium（palace），and a larger one, the heribergum（army camp），the bivouac for the army. The heribergum of Babilonie has an area of 7½hectares. On the occasion of excavations in the autumn of 1905，however, scholars believe they have determined, on the basis of potsherds, that the stronghold was not a Frankish installation but a Saxon one.

1700095752

1700095753 3.At the northwest end of the Deister can be seen the remains of a Carolingian watchtower, the “Heisterburg，” the construction of which has also been connected with the campaign of 775. Nevertheless, it was not built until later. In the accounts of the rebellion by the Saxons in 776，the chronicles speak only of the conquest of Eresburg and the siege of Sigiburg. See Rübel, Die Franken, p.24，Note.

1700095754

1700095755 4.Rübel supposes that the method of the Franks, which called for marking off specific borders for the communities and thus drawing the wilderness areas which had formerly constituted the borders into the royal domains, also aroused the anger of the Saxon people.

1700095756

1700095757 5.The later German law books governing the vassalge system contain the regulation that the lord is to summon the vassal as much as six weeks before the beginning of the campaign.

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