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1700096021 第三篇　中世纪盛期

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1700096023 1　骑士种姓

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1700096025 1.See Richard Schroeder, Zeitschrift für Rechtsgeschichte, Germanische Abteilung，24.347，“The Old Saxon People’s Nobility and the Landowner Theory”（“Der altsächsische Volksadel und die grundherrliche Theorie”）.

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1700096027 2.Richer, for the years 930 and 888. SS.，3.584. Bonitho, Jaffé 2：639.

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1700096029 3.Wipo, Chap.4.

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1700096031 4.Bruno, Chap.88. Cosmas II, Chap.25，for the year 1087. A document of Emperor Lothair of the year 1134 distinguished between “ordo equestris major et minor”（“greater and lesser equestrian rank”），cited by Schröder, Deutsche Rechtsgeschichte, p.430；“milites tam majors quam minores”（“greater as well as lesser knights”），Gesta Consulum Andegavensium（Deeds of the Counts of Anjou），ed. Bouquet，10.254；“milites plebei”（“soldiers of the people”）in Raymond of Agiles, Recueil des histoires des Croisades，3：274.

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1700096033 5.This is correctly expressed by Waitz，5：439，where still more examples are cited（also p.398，Note 4）. When he adds, however, that it cannot be said with certainty with which meanings the expressions were used, I can see no basis for this doubt. Legal meanings, everybody agrees, are not intended; the factual, social relationships that are meant, however, are entirely clear. Source citations are also to be found in Köhler, Ritterzeit，3：20.

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1700096035 6.Cited by Harnack, Militia Christi（Service of Christ），p.84，note: “ut plurimi ex ipsis adderentur ad fidem domini nostri Jesu Christi derelicto militiae cingulo”（“that most of them should be added to the faith of our Lord Jesus Christ after the belt of military service has been given up”）.

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1700096037 7.Gesta Cons. Andegavensium, ed. Bouquet, Recueil，10：254. It is recounted that the inhabitants of a castle under attack “cingulis militaribus accincti armisque protecti ad pugnam se more militum castrensium paraverunt”（“girded with military belts and protected by arms, they prepared themselves for battle like the knights of a castle”）and made a sortie. The knight’s belt plays a role in this incident, in that it creates the deceptive appearance that knights are coming and attacking.

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1700096039 The purple or scarlet cloak which is often mentioned（Abbo repeatedly; Ruotger, vita Brunonis, Chap. 30，vita Heinrici IV, Chap.8; Chronicle of Monte Casino for the Year 1137）I am not willing to count, as does Baltzer, p.5，as a specific part of the knightly garb, since it is expressly stated that, when the knights are too poor, they must be satisfied with the cloak in its natural color.（Vita Heinrici IV, Chap 8.）We also read（Guiart，2.698 cited in Alwin Schultz，2：313，Note 3）that the knights on taking the cross, renounce any elegance in their clothing and put on simple, dark garments. They were not willing, however, to lay aside a symbol of their rank, but only the elegant attire.

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1700096041 8.At any rate, that is what one finds often recounted in modern works, although I have not been able to find the original source therefor, and in works on legal history nothing on such an order is to be found, no more so than in the special works on Louis VI. Daniel, History of the French Militia（Histoire de la Milice Française），1724. Boutaric, French Military Institutions（Institutions militaires de la France），1863. Boutaric, The Feudal System. Review of historic questions（Le regime féodal. Revue des questions historiques），Vol.XVIII，1875. Glasson, History of the Law and Institutions of France（Histoire du droit et des institutions de la France），1891. A. Luchaire, Manual of French Institutions, period of the direct line of Capetians（Manuel des institutions franchises, période des Capétiens directs），1892. Luchaire, History of the Monarchical Institutions of France（Histoire des institutions monarchiques de la France），Tome III（also under the title Studies on the Acts of Louis VII[Etudes sur les actes de Louis VII]，1885）. Luchaire, Louis VI, Annales de sa vie，1890.

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1700096043 9.“De filiis quoque sacerdotum dyaconorum ac rusticorum statuimus, ne cingulum militare aliquatenus assumat, et qui jam assumserunt, per judicem provintiae a militia pellantur.”（“We also decree concerning the sons of priests, deacons, and peasants that they should not assume the knightly belt to any extent, and those who have already assumed it should be banished from military service by the judge of the province.”）LL，2. 185.

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1700096045 In the dispensation statement under Frederick II, we read: “nostris constitutionibus caveatur, quod milites fieri nequeant, qui de genere militari non nascuntur.”（“Let it be decreed by our ordinances that those who are not born of a knightly family should not be able to become knights.”）

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1700096047 10.Gesta Friderici II，13：“inferioris conditionis juvenes, vel quoslibet contemptibilium etiam mechanicarum artium opifices, quos caeterae gentes ab honestioribus et liberioribus studiis tanquam pestem propellunt, ad militiae cingulum vel dignitatum gradus assumere non dedignantur.”（“They do not think that young men of the lower class and craftsmen of the contemptible, even mechanical arts, whom other nations banish like the plague from the more honorable and freer pursuits, are worthy to assume the belt of military service and the ranks of offices.”）

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1700096049 According to Daniel, De la Milice Française, p.33，in the Ligurinus, Gunther, on the other hand, has the emperor act in this way: “Utque suis omnem depellere finibus hostem posset（possit），et armorum patriam virtute tueri Quoslibet ex humili vulgo, quod Gallia foedum Judicat, accingi gladio concedit equestri.”（“And so that he might be able to repel all of the enemy from his territory and to guard the country by strength of arms, he granted that all of the low populace, which France judges hideous, to be girded with a knight’s sword.”）

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1700096051 Had the Ligurinus itself not been preserved, this passage would appear completely puzzling to us—and so it should serve us（especially old historians and classical philologists）as a warning as to how seriously and how easily one can be led into error by a second-hand source. Daniel, for example, whose work in other respects is quite thorough, slipped up for once here and ascribed to the emperor what Gunther actually has the Italians doing（Book II, verse 151 ff.）；here too, then, he simply adheres to his source. The “Gallia” in his verses, in keeping with the well-known linguistic usage of the Middle Ages, includes Germany also.

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1700096053 11.Curzon, Rules of the Templars（La règle du temple），Chaps.337，431，586.

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1700096055 12.Vetus auctor de beneficiis，1.4：“rustici et mercatores et omnes qui non sunt ex homine militari ex parti patris et avi jure careant beneficiali.”（The old author on benefices，1.4：“peasants, merchants, and all who are not the sons of a knight by their father and grandfather should abstain from the beneficial oath.”）

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1700096057 13.Concerning the original meaning, see Waitz，8：117.

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1700096059 14.Schröder, Deutsche Rechtsgeschichte, p.430，believes the distinction between knights（as a result of the dubbing ceremony）and squires（Knappen）had come into force only since the thirteenth century but had never actually attained a legal significance.

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1700096061 This line of thought is too specifically juridical. The dubbing, as such, did not have, it is true, a directly legal effect, but only as the result of such an act could the distinction become fixed which finally led to the formation of the petty nobility.

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1700096063 15.M.G.LL，2.103.10：“Si miles adversus militem pro pace violate aut aliqua capitali causa duellum committere voluerit, facultas pugnandi ei non concedatur, nisi probare possit, quod antiquitus ipse cum parentibus suis natione legitimus miles existat.”（“If a knight will have wanted to fight a duel against a knight because of a breached peace or any capital offense, the opportunity of fighting should not be granted to him unless he should be able to show that from ancient times he with his parents is by birth a knight of legal status.”）

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1700096065 16.The Bamberg Service Law, at the end of the eleventh century, specifies that a ministerial whom the bishop does not invest with a fief may enter the service of another but may not allow himself to be bound by a fief “cui vult militet, non beneficiarie, sed libere.”（“Let him serve for whom he desires, not as a man enfeoffed but as a freeman.”）Such a provision already indicates an extensive weakening of the concept of the unfree condition.

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1700096067 17.The finer distinctions and developments in the various generations and regions are passed over here. Zallinger, in Ministeriales and Knights（Ministeriales und Milites），1878，believes, for example, he has proven that in the regions under the Bavarian law the ministeriales or serving men（Dienstmannen）had in the thirteenth century assumed a special position clearly above the common milites and no longer regarded the latter as of equal birth. Only the monarchy and the princes were allowed to have such outstanding, though unfree, serving men（Dienstmannen）. This latter group later became completely intermingled with the free nobility in the status of lords or property holders.

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1700096069 18.For example, by Guilhiermoz. Against him, E. Mayer, in Zeitschrift für Rechtsgeschichte, Germanische Abteilung，23（1902）：310. In connection with this controversy, I invite the reader’s attention to Chap.435 of the statutes of the Knights Templars: “One does not ask a knight if he is servant or slave of no man, for since he says that he is a knight by birth, of a legal marriage, if he is truthful, he is by his very nature free.”In Germany this condition could not have been met.

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