I. THE GERMANS AND THE EMPIRE TO 1073

The documents in this section are intended to illustrate the history of the Germans from the period before the migrations to the beginning of the struggle between the empire and the papacy, 1073. The historical development of this period resulted in the formation of the Holy Roman Empire, as the form of government for western Europe. The civilization of the Middle Age was in the main the result of the union of Roman and German elements. This union was brought about by the invasion of the Roman empire by the tribes of German blood that lay along and back of the frontier of the empire. It is important, therefore, to understand the character of the German race and institutions, which are illustrated by nos. 1 to 4. The leaders and organizers of the Germans after the settlement were the Franks, who under the Merovingian and Carolingian lines of rulers united the German tribes and bound them together in one great state. This movement is shown in nos. 5 to 14. In this development the life of Karl the Great (nos. 7 to 14) is of especial importance, because of the permanent result of much of his work, particularly his organization of the government (nos. 7 to 9), and his founding of the empire by the union of Italy and Germany (nos. 8, 13, and 14). The dissolution of his vast empire, resulting in the formation of France as a separate state, and in the appearance of the feudal states, is shown in nos. 15 to 22. In the rest of the documents the history of Germany and Italy, the real members of the empire, is followed. Of this the important features are: the continued connection of Germany with Italy (nos. 23 and 29), resulting in the restoration of the empire by Otto I; the feudal organization of Germany (nos. 24, 25, and 27); and the increase of the German territory toward the east (nos. 26, 28, 32). This brings the history down to the accession of Henry IV, with whom begins the long conflict between the empire and papacy which is treated in section III.

1. Selections from the Germania of Tacitus, ca. 100 A.D.

The Germania of the Roman historian Tacitus (54–119 A.D.) is a treatise on the manners, customs, and institutions of the Germans of his time. It is one of the most valuable sources of knowledge of the condition of the Germans before the migrations. These sources are mainly of two kinds: the accounts of contemporary writers, chiefly Roman authors; and the documentary sources of the period of the tribal kingdoms, particularly the tribal laws, such as the laws of the Salic Franks (see no. 4), Burgundians, Anglo-Saxons, etc. It will be evident to the student that the sources of both kinds fall short of realizing the needs of historical trustworthiness: the first kind, because the Roman authors were describing institutions and customs which they knew only superficially or from a prejudiced point of view; the second, because the laws and documents of the tribal period reflect a stage of development which had changed considerably from the primitive stage. Conclusions in regard to the conditions of the Germans in the early period are based on the careful criticism of each single document and on a comparison of each with all the others. Some indication of this method is suggested in the notes to nos. 1 and 4. Even at best the results are subject to uncertainty. The Germania of Tacitus is the clearest and most complete of the sources of the first type, but it is not free from obscurity. Since there are numerous editions of it, we have not thought it necessary to refer to any particular one.

5. The land [inhabited by the Germans] varies somewhat in character from one part to another, but in general it is covered with forests and swamps, and is more rainy on the side toward Gaul and bleaker toward Noricum and Pannonia. It is moderately fertile, but not suited to the growing of fruit trees; it supports great numbers of cattle, of small size, however.

6. Iron is not abundant, as appears from the character of the weapons of the inhabitants; for they rarely use swords or the larger spears; instead they carry darts with small, narrow heads, which they call frameæ. But these are so sharp and so easily handled that they are used in fighting equally well at a distance and at close quarters.... The number of warriors is definitely fixed, one hundred coming from each district, and the warriors are known by that name [i.e., hundred]; so that what was originally a number has come to be a name and a title.{1}

7. Kings are chosen for their noble birth;{2} military leaders for their valor. But the authority of the king is not absolute, and the war-leaders command rather by example than by orders, winning the respect and the obedience of their troops by being always in the front of the battle.... These troops are not made up of bodies of men chosen indiscriminately, but are arranged by families and kindreds, which is an added incentive for bravery in battle. So, also, the cries of the women and the wailing of children, who are taken along to battle, encourage the men to resistance.

8. It is said that on more than one occasion broken and fleeing ranks have been turned back to the fight by the prayers of the women, who fear captivity above everything else.... They believe that women are specially gifted by the gods, and do not disdain to take council with them and heed their advice.

11. [In the assemblies of the tribe,] minor affairs are discussed by the chiefs, but the whole tribe decides questions of general importance. These things, however, are generally first discussed by the chiefs before being referred to the tribe. They meet, except in the case of a sudden emergency, at certain fixed times, at the new or the full moon, for they regard these as auspicious days for undertakings. They reckon the time by nights, instead of by days, as we do.... One evil result arising from their liberty is the fact that they never all come together at the time set, but consume two or three days in assembling. When the assembly is ready, they sit down, all under arms. Silence is proclaimed by the priest, who has here the authority to enforce it. The king or the leader speaks first, and then others in order, as age, or rank, or reputation in war, or eloquence may give them the right. The speakers depend rather upon persuasion than upon commands. If the speech is displeasing to the multitude, they reject it with murmurs; if it is pleasing, they applaud by clashing their weapons together, which is the kind of applause most highly esteemed.{3}

12. Criminals are also tried at these assemblies, and the sentence of death may be decreed. They have different kinds of punishments for different crimes; traitors and deserters are hanged on trees, cowards and base criminals are sunk in the swamps or bogs, under wicker hurdles.... There are penalties also for the lighter crimes, for which the offenders are fined in horses or cattle. Part of the fine goes to the king or the state, and part to the person injured or to his relatives. In this assembly they also choose leaders to administer the law in the districts and villages of the tribe, each of them being assigned a hundred companions from the tribe to act as counsellors and supporters.{4}

13. They go armed all the time, but no one is permitted to wear arms until he has satisfied the tribe of his fitness to do so. Then, at the general assembly, the youth is given a shield and a sword by his chief or his father or one of his relatives. This is the token of manhood, as the receiving of the toga is with us. Youths are sometimes given the position of chiefs because of their noble rank or the merits of their ancestors; they are attached to more mature and experienced chiefs, and think it no shame to be ranked as companions. The companions have different ranks in the company, according to the opinion of the chief; there is a great rivalry among the companions for first place with the chief, as there is among the chiefs for the possession of the largest and bravest band of followers. It is a source of dignity and of power to be surrounded by a large body of young warriors, who sustain the rank of the chief in peace and defend him in war. The fame of such a chief and his band is not confined to their own tribe, but is known among foreign peoples; they are sought out and honored with gifts in order to secure their alliance, for the reputation of such a band may decide a whole war.

14. In battle it is shameful for the chief to allow any one of his followers to excel him in courage, and for the followers not to equal their chief in deeds of valor. But the greatest shame of all, and one that renders a man forever infamous, is to return alive from the fight in which his chief has fallen. It is a sacred obligation of the followers to defend and protect their chief and add to his fame by their bravery, for the chief fights for victory and the companions for the chief. If their own tribe is at peace, young noble chiefs take part in the wars of other tribes, because they despise the peaceful life. Moreover, glory is to be gained only among perils, and a chief can maintain a band only by war, for the companions expect to receive their war-horse and arms from the leader, ... and the means of liberality are best obtained from the booty of war.{5}

16. The Germans do not dwell in cities, and do not build their houses close together. They dwell apart and separate, where a spring or patch of level ground or a grove may attract them. Their villages are not built compactly, as ours are, but each house is surrounded by a clear space.

21. It is a matter of duty with them to take up the enmities of their parents or kinsmen, as well as the friendships, but these feuds are not irreconcilable; the slaying of a man may be atoned for by the payment of a fixed number of cattle, and the kindred of the slain man all share in the price of atonement. This practice of compounding manslaughter is of advantage to the public weal, for such feuds may become very dangerous among a free people.{6}

26. The arable lands, according to the number of cultivators, are occupied in turn by all the members of the community, and are divided among them according to the quality [of the lands].{7} The extent of the land gives ample opportunity for division; the arable fields are changed every year, and there is plenty of land left over.{8}

The following section is condensed from chapters 27 to 46.

27–46.{9} Such is the account I have received of the origin and the customs of the Germans as a whole; we must now undertake a discussion of the separate tribes. The divine Julius [Cæsar] says in his book that the Gauls had once been a more powerful and prosperous people than the Germans. So it is not impossible that they may have at some time even invaded Germany. For the Helvetians once dwelt in Germany between the Hercynian forest and the Rhine and Main rivers, while the Boii inhabited lands still farther within Germany, as is shown by the name Boihaem [Bohemia] which still clings to their former place, now inhabited by another people. The Treveri and the Nervii lay claim to German origin, as if to repudiate connection with the indolent Gauls. The inhabitants of the Rhine bank, the Vangiones, Treboci, and Nemetes, are undoubtedly of German blood; and the Ubii also, although they have become a Roman colony and have taken the name of Agrippenses from their founder. Of all the tribes along the lower Rhine the chief are the Batavi, who dwell mainly on an island in the mouth of the Rhine. They were a portion of the Chatti, but left their homes as the result of a domestic quarrel and entered the Roman empire. They still retain, however, their old honor and dignity as allies, not being subject to taxation or to any public duties except that of war. Beyond the Agri Decumates are the Chatti, whose territory borders on the Hercynian forest. Next to the Chatti, descending the Rhine, are the Usipii and Tencteri; their neighbors, it is said, were formerly the Bructeri, who have been driven out and their place taken by the Angrivarii and Chamavi. Back of the Angrivarii and the Chamavi [to the south] are the Dulgubnii and Chasuarii; in front [to the north] are the Frisii, who are divided into two parts, the greater and lesser Frisii. They dwell along the shores of the ocean north of the Rhine. Next are the Chauci, and on the boundaries of the Chauci and the Chatti [to the east], the Cherusci. The Cimbri dwell in the same region, on the shores of the ocean.

We come next to the Suebi. They are not a single tribe, as the Chauci or Tencteri, for example; they include a great many tribes, each one with its own name, but all called in common Suebi. The Semnones claim to be the most ancient and the noblest of the Suebi. They inhabit a hundred districts and consider themselves, because of their number, the most important tribe of the Suebi. On the other hand, the Lombards are known for the small number of their members, but they are secure from conquest by their more powerful neighbors by reason of their courage and their experience in war. Then come the Reudigni, Aviones, Angli, Warini, Eudoses, Suardones, and Nuitones. Then, following along the Danube, the Hermunduri; then the Naristi, Marcomanni, and Quadi. The Marcomanni drove the Boii out of their land, which they now inhabit. Back of these tribes lie the Marsigni, Cotini, Osi, and Buri. The Marsigni and the Buri have the same language and worship as the Suebi; but the fact that the Cotini speak a Gallic language and the Osi a Pannonian would indicate that they are not German tribes. A continuous mountain range divides Suebia in this region; beyond it lie many races, of whom the greatest is that of the Lugii, a name applied to several tribes, the Harii, Helveconæ, Manimi, Elisii, Nahanarvali. Beyond the Lugii are the Gutones. The tribes of the Suiones inhabit a land situated in the midst of the ocean [Scandinavia], and are famous for their fleets. Beyond the Suiones is that dreary ocean which is believed to encircle the whole world. On the right [east] shore of the Suebian Sea [the Baltic] dwell the Aestii, a people that have the same customs and manners as the Suebi, but speak a language more like that of the inhabitants of Britain. The land of the Suiones is continued by that of the Sithones. This is the end of Suebia. I am uncertain whether to assign the Peucini, Veneti, and Fenni to the German or Sarmatian race, although the Peucini, called by some Bastarnæ, have the same language, worship, and sort of houses as the Germans.

2. Procopius, Vandal War. (Greek.)

Procopius, in Corpus Scriptorum Historiæ Byzantinæ.

This and the following number are taken from the writings of Procopius, a Roman official and historian who lived about 500 to 560 A.D., and had a personal share in the wars of Justinian against the East Goths and Vandals. The earlier parts of his histories are drawn largely from tradition.

I, 2. During the reign of Honorius [395–423] in the west the barbarians began to overrun the empire.... The invaders were mainly of the Gothic race, the greatest and most important tribes being the East Goths, the Vandals, the West Goths, and the Gepidæ.... These tribes have different names, but in all other respects they resemble one another very closely; they all have light complexions, yellow hair, large bodies, and handsome faces; they obey the same laws and have the same religion, the Arian; and they all speak the same language, Gothic. I am of the opinion, therefore, that they were originally one people and have separated into tribes under different leaders. They formerly dwelt beyond the Danube; then the Gepidæ occupied the land about Sirmium on both sides of that river, where they still dwell.

The first to move were the West Goths. This tribe entered into an alliance with the Romans, but later, since such an alliance could not be permanent, they revolted under Alaric. Starting from Thrace, they made a raid through all of Europe, attacking both emperors.

[Alaric sacks Rome.] Soon after, Alaric died, and the West Goths, under Athaulf, passed on into Gaul.

3. Under the pressure of famine, the Vandals, who formerly dwelt on the shores of the Mæotic Gulf [Sea of Azof], moved on toward the Rhine, attacking the Franks. With them went the Alani.... [Crossing the Rhine into Gaul] they proceeded down into Spain, the most western province of the Roman empire, and settled there under their king, Godegisel, Honorius having made an agreement with him by which the Vandals were to be allowed to settle in Spain on condition that they should not plunder the land.

At that time the greatest Roman generals were Boniface and Aëtius, who were political rivals.... Boniface sent secretly to Spain and made an agreement with Gunderich and Geiserich, the sons and successors of Godegisel, whereby they were to bring the Vandals into Africa, and the three were to divide the rule of Africa among themselves, mutually supporting one another in case of attacks from outside. Accordingly the Vandals crossed the strait at Gades and entered Africa, while the West Goths moved forward from Gaul into Spain after them. [Gunderich dies, leaving Geiserich sole ruler of the Vandals; Geiserich quarrels with Boniface and drives him out of Africa, ruling the whole territory with his Vandals.]

5. Geiserich now got together a large fleet and attacked Italy, capturing Rome and the palace of the emperor. The usurper Maximus was slain by the populace and his body torn to pieces. Geiserich took back to Carthage Eudoxia, the empress, and her two daughters, Eudocia and Placidia, carrying off also an immense booty in gold and silver. The imperial palace was plundered of all its treasures, as was also the temple of Jupiter Capitolinus, including a large part of the roof, which was made of bronze, heavily plated with gold....

3. Procopius, Gothic War. (Greek.)

Procopius, in Corpus Script. Hist. Byz.; Muratori, Scriptores, I, i, 247 f.

I, 1. While Zeno [474–491] was emperor in Byzantium, the west was ruled by Augustus, whom the Romans called Augustulus, because of his youth. The actual government was in the hands of his father Orestes, a most able man. Some time before this, as a result of the reverses which they had suffered at the hands of Attila and Alaric, the Romans had taken the Sciri, Alani, and other German tribes into the empire as allies. The renown of Roman arms had long since vanished, and the barbarians were coming into Italy in ever-increasing numbers, where they were actual masters under the false name of allies (federati). They continually seized more and more power, until finally they demanded a third of all the lands of Italy. When Orestes refused to grant this they slew him. Then one of the imperial officers, Odovaker, also a barbarian, promised to secure this for them if they would recognize him as ruler. In spite of the power which he thus acquired, Odovaker did not attack the emperor [Romulus Augustulus], but only forced him to retire to private life. He then gave the barbarians the third of the lands which they had demanded, thus binding them more closely to him, and ruled over Italy unopposed for ten years.

About this time the East Goths, who had been allowed to settle in Thrace, rose against the emperor under their king, Theoderich. He had been brought up at Byzantium, where he had been given the rank of a patrician, and had even held the title of consul. The emperor Zeno, a master in diplomacy, persuaded Theoderich to invade Italy and attack Odovaker, with the chance of winning the whole west for himself and the East Goths.... Theoderich seized on this opportunity eagerly, and the whole tribe set out for Italy, taking along with them in wagons their women and children and all their movables.... Odovaker hastened with an army to oppose this invasion, but was defeated in several battles, and finally shut up in Ravenna.... After the siege had lasted for about three years both parties were willing to come to terms, the Goths being weary of the long siege and the soldiers of Odovaker being on the verge of starvation. So, through the efforts of the bishop of Ravenna, a treaty was made according to which Theoderich and Odovaker were to rule the city jointly. This treaty was kept for a short time, but finally Theoderich treacherously seized Odovaker at a banquet to which he had invited him, and had him put to death. He then won over to him all his enemies, and from that time on ruled over Goths and Italians unopposed. Theoderich never assumed the name or dignity of emperor, being content to be known as king, as the barbarians call their rulers. In fact, however, the subjects bore the same relation to him as to an emperor. He dispensed justice with a strong hand, and rigidly enforced the law and kept peace. In his time the land was protected from the attacks of neighboring barbarians, and his might and his wisdom were famous far and wide. He allowed his subjects neither to suffer nor to commit wrongs; his own followers were given only the lands which Odovaker had taken for his supporters. Thus Theoderich, although he bore the title of a tyrant, was in fact a righteous emperor.... He loved the Goths and the Italians equally, recognizing no difference between them, contrary as this may seem to human nature.... After a reign of thirty-seven years, he died lamented by all his people.

4. The Salic Law.

In the period before the migrations, each of the German tribes had its primitive code of laws. This law was not put in writing, but was held in memory; it was not based on abstract reasons of right and justice, but grew up out of practice and custom. The migrations and the development of tribal kingdoms on Roman soil brought about important changes in the public and private life of the Germans, partly the result of changed conditions, partly the direct influence of Roman manners and institutions. One result was that the old unwritten customary laws were codified and published in written form. These codes, called the Leges Barbarorum, or laws of the barbarians, form an important historical source, for of course they reflect the new conditions in which the Germans found themselves after their settlement. Some of them show the influence of Roman law and institutions in a marked degree; others are more purely Germanic. They were in most cases written in Latin, although the Angles and Saxons in England published their early codes in Old English or Anglo-Saxon. One of the oldest and at the same time one of the most purely German in character is the law of the Salic Franks, called in Latin, Lex Salica; it was probably written about the year 500, in the reign of Chlodovech (481–511). In the most authentic form it contains sixty-five chapters, or "titles," most of which are composed of several sections. The title usually has a heading, as: XVII. De vulneribus (Concerning wounds).

The parts translated are intended to illustrate: (1) the character of the tribal laws in general, and (2) certain important institutions and customs of the Franks. Certain features of the Salic law are common to nearly all of the German laws; these are suggested here for the convenience of the reader.

1. The code contains mainly private law. Most of the law is taken up with a scale of fines and compensations for injury, damage, and theft, as in the case of injuries, titles XVII and XXII. This is characteristic of most of the German codes; they are concerned with private and not with public or administrative law.

2. The law makes minute specification of injuries. Note that the different injuries are carefully described and particular fines given for each, as in titles XVII and XXIX. This feature is found in most of the codes and is characteristic of a primitive stage of legal conception and a barbarous state of society. The important function of primitive law is the settlement of differences between individuals to prevent personal reprisals, so the various injuries that are apt to occur are specified and provided with special fines.

3. A large part of the procedure takes place out of court, and is conducted by the individuals concerned. So in title I, 3, the plaintiff summons the defendant in person; in title L, 2, the creditor tries to collect the amount fixed by the court; in title XLVII the whole process of tracing and recovering stolen property, except the last stage, is conducted out of court. This also is a common feature of Germanic law; the objection, common among uncivilized peoples, to the state’s interference with private affairs of the individual operates here to restrict the function of the law to the simple decision of the case.

4. All the German laws provide for the payment of the wergeld. The origin of this is doubtless to be found in the underlying conception of primitive law referred to in paragraph 2. The purpose being to put an end to private revenge, which would mean continual private war, the law prescribes the amount to be paid to the kindred of the slain man, and they must on receipt of that give up the blood-feud. (See no. 1, ch. 21, and note.) In many of the codes different values are assigned to different classes of people, as here in title XLI.

The public institutions of the Franks are referred to in the law only incidentally, the law being concerned, as has been said, mainly with private matters, and taking for granted a knowledge of public law. Following is a brief statement of the form of government, administration of justice, etc. The state ruled by the king of the Salic Franks was composed of several small tribes, originally independent (see no. 1, notes 1 and 9), but now incorporated into a single state. The kingdom was divided into counties, some of which correspond to the former independent tribes, and some to old Roman political divisions. The county was governed by a representative of the king, an official who is called in the Salic law by the German title grafio (modern German "Graf"), and in later documents by the Latin title comes (count). The judicial system was based on the division of the county known as the hundred (see no. 1, note 1), the assembly of the freemen of the hundred being the regular public court. It was presided over by the "hundred-man," in the Salic law called either centenarius, which means simply hundred-man, or thunginus, a word of uncertain meaning. The function of the grafio, the representative of the king in the county, was mainly executive; he was appealed to only when every other means of forcing the delinquent to obey the law or the decision of the court had failed, but he has no part in the trial of cases. See title L, 3, for an instance of the function of the grafio.

I. Legal Summons.{10}

1. If anyone is summoned to the court and does not come, he shall pay 600 denarii, which make 15 solidi.{11}

3. When anyone summons another to court, he shall go with witnesses to the house of that person, and if he is not present the summoner shall serve notice on his wife or his family that he is legally summoned.

XVII. Wounds.

1. If anyone is convicted of trying to kill another, even though he fails, he shall pay 2,500 denarii, which make 63 (62½) solidi.

2. If anyone is convicted of shooting a poisoned arrow at another, even though he misses him, he shall pay 2,500 denarii, which make 63 solidi.

3. If anyone wounds another in the head, so that the brain appears and the three bones which lie above the brain are uncovered, he shall pay 1,200 denarii, which make 30 solidi.

4. If anyone wounds another between the ribs or in the abdomen, so that the wound can be seen and extends to the vitals, he shall pay 1,200 denarii, which make 30 solidi, besides 5 solidi for the healing.

5. If anyone wounds another so that the blood falls to the ground, he shall pay 600 denarii, which make 15 solidi.

6. If a freeman strikes another freeman with a club, so that the blood does not flow, he shall pay 120 denarii, which make 3 solidi, for each blow, up to three.

7. If the blood does flow, he shall pay as much for each blow as if he had wounded him with a sword.

8. If anyone strikes another with the closed fist, he shall pay 360 denarii, which make 9 solidi; that is, 3 solidi for each blow up to three.

9. If anyone is convicted of trying to rob another on the highroad, even though he fails, he shall pay 2,500 denarii, which make 63 solidi.

XXIX. Injuries.

1. If anyone destroys the hand or the foot of another, or cuts out his eye, or cuts off his nose, he shall pay 4,000 denarii, which make 100 solidi.

2. If the injured hand hangs loose and useless, he shall pay 2,500 denarii, which make 63 (62½) solidi.

3. If anyone cuts off the thumb or the great toe of another, he shall pay 2,000 denarii, which make 50 solidi.

4. If the thumb or the toe hangs useless, he shall pay 1,200 denarii, which make 30 solidi.

5. If he cuts off the second finger, by which the bowstring is drawn, he shall pay 1,400 denarii, which make 35 solidi.

6. If he cuts off the rest of the fingers (that is, the other three) at one blow, he shall pay 50 solidi.

7. If he cuts off two of them, he shall pay 35 solidi.

8. If he cuts off one of them, he shall pay 30 solidi.

XLI. Manslaughter.{12}

1. If anyone is convicted of killing a free Frank or a barbarian living by the Salic law, he shall pay 8,000 denarii, which make 200 solidi.

2. If he has put the body in a well, or under water, or has covered it with branches or other things for the purpose of hiding it, he shall pay 24,000 denarii, which make 600 solidi.{13}

3. If anyone kills a man in the king’s trust, or a free woman, he shall pay 24,000 denarii, which make 600 solidi.

4. If he kills a Roman who was a table-companion of the king, he shall pay 12,000 denarii, which make 300 solidi.

6. If the slain man was a Roman landowner, and not a table-companion of the king, he who slew him shall pay 4,000 denarii, which make 100 solidi.

7. If anyone kills a Roman tributarius, he shall pay 63 solidi.

XLV. The Man who Removes from One Village to Another.{14}

1. If anyone desires to enter a village, with the consent of one or more of the inhabitants of that village, and a single one objects, he shall not be allowed to settle there.

3. But if anyone settles in another village and remains there twelve months without any one of the inhabitants objecting, he shall be allowed to remain in peace like his neighbors.

XLVII. The Tracing of Stolen Goods.

If one has recognized a slave, or a horse, or an ox, or anything of his own in the possession of another, he is to "send him to the third hand."{15} And he in whose hands the thing was recognized is to swear [to his own innocence]; and if both parties [i.e., the rightful owner and the man in whose possession it was found] dwell on this side of the Loire and the Carbonaria,{16} a term of forty days shall be set within which all are to be summoned who have had any part in the affair, who have sold or exchanged or perhaps given in payment the article. That is, each one is to summon the man from whom he got it. And if anyone of these has been summoned and legal hindrance has not kept him away, and he does not come within the appointed term, then the one who had dealings with this delinquent is to bring three witnesses to the fact that he had summoned him and three more to the fact that he had obtained the property from him legally and in good faith; if he does this he is clear of suspicion of theft. But he who would not come and against whom the witnesses have borne testimony, shall be held to be the thief of the man who recognized his own, and he [the thief] shall return the price to the man who dealt with him and shall pay the lawful compensation to the man who recognized his own.{17} All these things are to be done in that court to which he is answerable in whose hands the stolen thing was first recognized and with whom the process started. But if he in whose hands it was recognized dwells beyond the Loire or the Carbonaria the time allowed shall be eighty days.

L. The Given Pledge.

1. If a free man or a letus{18} has given pledge [that is, made a solemn promise at the court] to another, then he to whom the pledge was given shall go to the house of the other within forty nights,{19} or whatever period was set, with witnesses or with such as can estimate the price.{20} And if the delinquent will not redeem the pledge given, he shall be held liable for 15 solidi above the amount for which he had given pledge.

2. If still he will not pay, the complainant shall summon him to the mallus, and thus he shall proceed to have him constrained by law: "I ask thee, thunginus, to constrain by law this my debtor who has given me a pledge and is in my debt." And he shall state how much the debt is. Then the thunginus shall say: "I constrain this man by law, in accordance with the Salic law." Then he to whom the pledge was given shall give notice that the delinquent can neither pay nor give pledge of payment to any other until he has fulfilled what he promised him [the creditor]. And straightway on that day before the sun sets he shall go with witnesses to the house of the debtor and ask him to pay the debt. If he will not, let the sun set upon him.{21} Then when the sun has set, 120 denarii, which make 3 solidi, are added to the amount owed. And this thing is to be done three times in three weeks, and if on the third summons he will not pay all this, then 360 denarii, which make 9 solidi, are to be added to the debt, that is, 3 solidi for every summons and setting of the sun.

The next two sections are now generally regarded as a later addition—i.e., the first two are supposed to belong to an early period, while the last two belong to the period when the grafio, the royal representative, had acquired executive functions within the county. If this is so, then sections 3 and 4 have replaced certain older sections which must have completed the process described in sections 1 and 2; there must have been a further stage in which the delinquent was finally forced to pay, perhaps the process described in title LVI, by which a delinquent can be outlawed if he is still contumacious.

3. If anyone refuses to redeem his promise within the lawful term, then he to whom he gave the pledge shall go to the grafio of the county within which the debtor lives, and shall lay hold on the staff and say: "Grafio, this man has given pledge to me and I have given lawful notice of his indebtedness and have sued him before the mallus in accordance with the Salic law. I pledge myself and my fortune that you may safely and lawfully lay hands on his property." And he declares for what cause and to what amount the pledge had been given. Then the grafio shall take with him seven suitable rachinburgii{22} and go to the house of him who gave the pledge and say: "You, who are here present, pay this man of your own free will that for which you gave him pledge. Choose two men, whomsoever you will, who together with these rachinburgii shall assess from your goods the amount you ought to pay. And so shall you make good what you owe according to legal value." But if he, being present, will not heed, or if he is absent, then the rachinburgii shall take from his goods a value equal to the amount which he owes, and of that amount two parts shall go to him who brought suit, and the third part the grafio shall take for himself as fredus,{23} if the fredus for this case has not already been paid.

4. If the grafio has been appealed to and legal hindrance or his master’s [the king’s] business has not detained him, and he neither goes himself nor sends a representative, he shall be punished with death or he may redeem himself with his possessions.

LII. Property that has been Loaned.

If one has loaned anything of his goods to another, and that person will not restore it to him, he shall sue for it in this way: He shall go with witnesses to the house of him to whom he loaned his property and serve this notice on him: "Since you will not restore to me my goods which I have loaned to you, you may keep them until the following night, in accordance with the Salic law."{24} And if still he will not restore them, let the sun set on him.{25} If he still will not restore them, the owner is to give him a space of seven nights, and at the end of these seven nights he shall serve notice as before that he may keep them till the following night, in accordance with the Salic law. If then he will not restore them, at the end of another seven nights he is to go with witnesses again and ask him to pay what he owes. If he will not pay, let the sun set on him. But when the sun has set on him three times, for each time 120 denarii (which make 3 solidi) are to be added to the original amount of the debt. And if still he will neither pay nor give pledge of payment, he is to be held liable to him who loaned him the goods for 600 denarii (which make 15 solidi) above the original debt and above the 9 solidi which accrued through the three summons.

LIV. The Slain Grafio.

1. If anyone kills a grafio{26} he shall pay 24,000 denarii, which make 600 solidi.

2. If anyone kills a sacebaro,{27} or an obgrafio who is a king’s slave, he shall pay 12,000 denarii, which make 300 solidi.

LVI. He who refuses to come to Court.

If anyone refuses to come to court or to do what the rachinburgii have commanded, that is, to give pledge for payment, or for the ordeal, or for anything which the law requires, then the complainant is to summon him to the presence of the king. And twelve witnesses, being sworn in turn by threes, shall say: [the first three] that they were present when the rachinburgius condemned him to undergo ordeal or to give pledge for payment, and that he had not obeyed. The second three are to swear that they were present on the day when the rachinburgii [again] condemned him to clear himself by ordeal or by paying the fine; that is, that, forty nights from the first day, the sun set on him in the mallberg{28} again, and that he would in no way obey the law. Then the complainant is to summon him before the king, in fourteen nights [after the last mallus], and three witnesses are to swear that they were present when he summoned him and the sun set on him. If he will not come, then these nine witnesses, having sworn, are to say what we have said above. Likewise, if he will not come [to the king’s court] on that day, let the sun set on him, and there shall be three witnesses who were present when the sun set.{29} If the complainant has done all these things, and he who was summoned refuses to come to any court, the king shall put him outside of his protection [i.e., outlaw him]. Then the criminal and all his goods are liable. And whoever shall feed him or give him hospitality, even if it be his own wife, shall be held liable for 600 denarii, which make 15 solidi, until he shall have paid all that has been imposed on him.

5. Selections from the History of the Franks, by Gregory of Tours.

M. G. S. S. 4to, rerum mer., I.

By the end of the fifth century, the Roman government in the west had practically come to an end and most of the territory was occupied by German tribes. The confederated tribes living along the middle and lower Rhine began to be called Franks about 200 A.D. For the next two centuries, the Roman garrisons had great difficulty in keeping them out of northern Gaul. With the weakening and final withdrawal of these garrisons in the beginning of the fifth century, the Franks spread over northern Gaul and by about 450 had occupied the land as far south as the river Somme. Under Chlodovech the confederated tribes, which still had their own kings, were united under his single rule, and the other inhabitants of Gaul—Romans, Alamanni, West Goths, and Burgundians—were absorbed or reduced to dependence. The work of Chlodovech was carried on by his sons and grandsons with the conquest of the Burgundians, Thuringians, Bavarians, etc. Then came the civil wars among the descendants of Chlodovech which prevented further advance until the rise of the house of Karl the Great.

There are few documents or chronicles for the history of the Franks during the fifth to the seventh centuries. The only connected account is that of Gregory, bishop of Tours from 573 to 594. His position made him one of the most influential men of his time and he was well acquainted with the contemporary events which he narrates. The earlier part of his work is, of course, less reliable, because he depended upon tradition.

II, 9. It is not known who was the first king of the Franks.... We read in the lists of consuls that Theodomer, king of the Franks, son of a certain Richemer, and his mother Ascyla were slain by the sword. They say also that afterward Chlogio, a brave and illustrious man of that race, was king of the Franks and had his seat at Dispargum, on the boundary of the Thuringians. In the region [about Tours], as far south as the Loire, dwelt the Romans; beyond the Loire the Goths held sway, while the Burgundians, who followed the heresy of Arius, dwelt across the Rhône, on which is situated the city of Lyon. Chlogio sent spies to the city of Cambrai{30} to spy out the situation and report to him. Then he seized the city and dwelt there a short time, occupying the land as far as the Somme. Some assert that king Merovech, whose son was Childerich,{31} belonged to the line of Chlogio....

27. After the death of Childerich his son Chlodovech ruled in his stead [481]. In the fifth year of his reign, Syagrius, son of Ægidius, was ruling in Soissons as king of the Romans,{32} where the said Ægidius had held sway. Now Chlodovech and his relative Ragnachar advanced against Syagrius and challenged him to battle; and the latter eagerly accepted the challenge. But in the course of the conflict Syagrius, seeing that his army was defeated, turned and fled from the field, seeking safety with king Alaric at Toulouse.{33} Then Chlodovech sent to Alaric, ordering him to surrender Syagrius, on pain of being himself attacked; and Alaric, fearing to incur the wrath of the Franks, as is the habit of the Goths, gave over Syagrius bound to the messengers of Chlodovech. Then Chlodovech had him thrown into prison, and, after seizing his kingdom, had him secretly slain....

28. Now Gundevech, of the line of the persecuting king, Athanaric, was king of the Burgundians.{34} He had four sons, Gundobad, Godegisel, Chilperic, and Godomar. Gundobad slew his brother Chilperic, and drowned Chilperic’s wife by tying a stone about her neck and throwing her into the water. He also condemned Chilperic’s two daughters to exile; of these the older was Chrona, who became a nun, and the younger was Chlothilde.... Chlodovech sent an embassy to Gundobad demanding the hand of Chlothilde in marriage, and Gundobad, fearing to refuse him, surrendered her to the messengers of Chlodovech, who bore her straightway to the king....

30. The queen [Chlothilde] continually urged Chlodovech to abandon his idols and accept the true God. She was not successful, however, until finally, when he was waging war on the Alamanni,{35} he was compelled by necessity to accept that which he had formerly refused. For in the course of the battle, when the two armies were engaged in fierce struggle, it happened that the army of Chlodovech was on the verge of utter rout, and seeing this the king raised his eyes to heaven, and cried: "Jesus Christ, thou whom Chlothilde doth call the son of the living God, who dost comfort those in travail and give victory to those that believe in thee, I now devoutly beseech thy aid, and I promise if thou dost give me victory over these mine enemies and if I find thou hast the power which thy believers say thou hast shown, that I will believe in thee and be baptized in thy name. For I have called on my own gods and they have failed to help me; therefore I believe they have no power, since they do not come to the aid of their worshippers. I call now upon thee; I desire to believe in thee, that I be not destroyed by mine enemies." And as soon as he had cried thus, the Alamanni turned and fled. And when they saw that their king was slain they surrendered to Chlodovech, saying: "Let not thy people perish further, we beseech thee, for we are thine."

31. ... Then the king demanded that he should be the first to be baptized by the bishop. So the new Constantine advanced to the font, to be cleansed from the old leprosy of his sin, and from the sordid stains of his past life, in the water of baptism. As he approached the font, the saint of God addressed him in these fitting words: "Bow thy head, Sigambrian;{36} adore what thou hast burned, burn what thou hast adored." ... Then the king having professed his belief in omnipotent God the Trinity, was baptized in the name of the Father, Son, and Holy Spirit, and was anointed with the holy oil with the sign of the cross of Christ. And more than 3,000 of his army were baptized also....

32. The brothers Gundobad and Godegisel were at this time ruling the land about the Rhône and the Saône and the province of Marseilles. They, as well as their people, were Arian. And when war was on the point of breaking out between them, Godegisel, who had heard of the conquests of Chlodovech, sent to him secretly, saying: "If you will give me aid in overthrowing my brother, so that I may kill him in battle or drive him from the kingdom, I will pay you such yearly tribute as you shall demand." Chlodovech accepted the conditions gladly and promised to send aid to Godegisel whenever he should require it. At the time appointed, Chlodovech advanced with his army against Gundobad. When Gundobad, ignorant of the treachery of Godegisel, learned of the approach of Chlodovech, he sent to his brother, saying: "Come to my aid, for the Franks are coming against me to seize my kingdom. Let us unite to withstand this enemy, lest if we remain divided, each of us should suffer the fate of the other nations." And Godegisel replied that he would bring his army to the aid of his brother. Thus the three armies advancing at the same time, came together at Dijon, and Godegisel and Chlodovech joined forces and defeated Gundobad. Gundobad, seeing the treachery of his brother, which he had not before suspected, turned and fled along the bank of the Rhône until he came to Avignon....

35. Now when Alaric, king of the Goths, saw that Chlodovech was conquering many nations, he sent to him and said: "If it please my brother, let us unite our interests under the protection of God." And Chlodovech, agreeing, came to him, and they met on an island in the Loire, near the town of Amboise in the vicinity of Tours. There they held a conference, and ate and drank together, and separated in peace, having exchanged vows of friendship. But already many of the Gauls [under Alaric] were greatly desirous of being under Frankish rule.

37. Then Chlodovech said to his followers: "It causes me great grief that these Arians{37} should hold a part of Gaul. Let us go with the aid of God and reduce them to subjection." And since this was pleasing to all his followers, he advanced with his army toward Poitiers.... And Chlodovech came up with Alaric, king of the Goths, at Vouillé, about ten miles from Poitiers.... There the Goths fled, according to their custom, and Chlodovech gained a great victory with the aid of God. And Chloderic, the son of Sigibert the Lame, aided him in this battle.

40. Now while Chlodovech was staying at Paris, he sent secretly to the son of Sigibert, saying: "Behold now your father is old and lame. If he should die his kingdom would come to you and my friendship with it." So the son of Sigibert, impelled by his cupidity, planned to slay his father. And when Sigibert set out from Cologne and crossed the Rhine to go through the Buchonian forest [in Hesse, near Fulda], his son had him slain by assassins while he was sleeping in his tent, in order that he might gain the kingdom for himself. But by the judgment of God he fell into the pit which he had digged for his father. He sent messengers to Chlodovech to announce the death of his father and to say: "My father is dead, and I have his treasures, and the kingdom as well. Now send messengers to me, that I may send to you whatever you would like from his hoard." Chlodovech replied: "I thank you for your kindness, and beg you merely to show my messengers all your possessions, after which you may keep them yourself." And when the messengers of Chlodovech came, the son of Sigibert showed them the treasures which his father had collected. And while they were looking at the various things, he said: "My father used to keep his gold coins in this little chest." And they said: "Put your hand down to the bottom, that you may show us everything." But when he stooped to do this, one of the messengers struck him on the head with his battle-axe, and thus he met the fate which he had visited upon his father. Now when Chlodovech heard that both Sigibert and his son were slain, he came to that place and called the people together and said to them: "Hear what has happened. While I was sailing on the Scheldt river, Chloderic, son of Sigibert, my relative, attacked his father, pretending that I had wished him to slay him. And so when his father fled through the Buchonian forest, the assassins of Chloderic set upon him and slew him. But while Chloderic was opening his father’s treasure chest, some man unknown to me struck him down. I am in no way guilty of these things, for I could not shed the blood of my relatives, which is very wrong. But since these things have happened, if it seems best to you, I advise you to unite with me and come under my protection." And those who heard him applauded his speech, and, raising him on a shield, made him king over them. Thus Chlodovech gained the kingdom of Sigibert and his treasures and won over his subjects to his own rule. For God daily overwhelmed his enemies and increased his kingdom because he walked uprightly before him and did that which was pleasing in his sight.

41. Then Chlodovech turned against Chararic. For when he was waging war against Syagrius, this Chararic, although Chlodovech had asked him for aid, had kept out of the struggle and had given him no help, waiting to see the issue, that he might then make friends with the victor. On this account, Chlodovech was angry with him and attacked him. When he had succeeded in seizing Chararic and his son by treachery, he caused their heads to be shaved and ordered Chararic to be ordained a priest and his son a deacon. It is said that when Chararic was lamenting his humiliation, his son replied: "These twigs were cut from a green tree, which is not all dead; they will come out again rapidly when they begin to grow. Would that he who did this thing might as quickly perish." But when it was reported to Chlodovech that they planned to let their hair grow again and slay him, he ordered their heads to be cut off, and thus by their death acquired their realm and treasures and subjects.

42. ... Then Chlodovech made war upon his relative, Ragnachar [king of the region about Cambrai]. And when Ragnachar saw that his army was defeated, he attempted to flee, but his own men seized him and his brother Richar and brought them bound before Chlodovech. Then Chlodovech said: "Why have you disgraced our family, by allowing yourself to be taken? It would have been better for you to have been slain." And raising his battle-axe he slew him. Then turning to the brother of Ragnachar, he said: "If you had aided your brother he would not have been taken;" and he slew him with the axe also.... Thus by their death Chlodovech took the kingdom and treasures. And many other kings and relatives of his, who he feared might take his kingdom from him, were slain, and his kingdom was extended over all Gaul.{38} ...

43. And after this he died at Paris and was buried in the basilica of the holy saints which he and his queen, Chlothilde, had built. He passed away in the fifth year after the battle of Vouillé, and all the days of his reign were thirty years.

III, 1. Now Chlodovech being dead, his four sons, Theodoric, Chlodomer, Childebert, and Chlothar, received his kingdom and divided it equally.{39} ...

[Chlodomer was slain in an attack on the Burgundians, and his mother, Chlothilde, took his sons, Theodoald, Gunther, and Chlodoald, under her protection.]

18. But while Chlothar was staying at Paris, Childebert, perceiving that his mother Chlothilde loved the sons of Chlodomer greatly, was stirred with envy and with the fear that they might be restored to the kingdom of their dead father by aid of the queen-mother. So he sent secretly to his brother, king Chlothar, saying: "Our mother is keeping the sons of our dead brother Chlodomer, and intends to restore them to his kingdom; come now to Paris and advise with me as to what shall be done; whether their hair shall be cut off and they shall thus be made like the common people, or whether we shall slay them and divide the kingdom of our brother between us." Chlothar was delighted with these words and hastened to Paris. Now Childebert had caused the rumor to be spread among the people that the two kings were coming together to consider the establishing of the children on the throne of their father. And after they had met they sent word to the queen, who was dwelling in the same city, saying: "Send the children to us that we may place them on the throne." And she, rejoicing and thinking no evil, sent them the children.... But when the children had left her they were immediately seized and separated from their servants and imprisoned by themselves. Then Childebert and Chlothar sent a certain Arcadius, their messenger, to the queen with a pair of shears and a naked sword. And when he came he showed both to the queen and said: "Your sons wish to know your will in regard to the boys; whether they should be shorn of their locks and live, or be slain." The queen, terrified and distracted at the message and especially at the sight of the shears and the sword, said in the bitterness of her heart and not knowing what she was saying: "If they are not to reign, I would rather see them dead than shorn of their locks." ... And when the messenger brought back this reply, Chlothar immediately seized the oldest boy by the arm and throwing him on the floor slew him with his dagger. But when he shrieked, his young brother threw himself at the feet of Childebert and clinging to his knees cried: "Save me, dearest uncle, that I be not slain like my brother." And Childebert, the tears raining down his face, said to his brother: "Brother, I pray you grant me the life of the boy; I will give you anything you ask in exchange for his life, only do not slay him." But Chlothar, reviling him, said: "Cast him from you, or you shall die for him. You are the instigator of this business, and do you so soon repent?" At this Childebert cast the boy from him, and Chlothar thrust the dagger into his side and slew him as he had slain his brother. ... Of the boys one was ten and the other seven years old. But the third boy, Chlodoald, escaped by the aid of certain powerful persons; rejecting a worldly kingdom, he turned to God, and became a priest, cutting off his hair with his own hands. And Childebert and Chlothar divided the kingdom of Chlodomer between them.

[After the death of his brothers, Chlothar united the whole Frankish kingdom under his single rule (558–61). He left four sons, Charibert, Gunthram, Chilperic, and Sigbert, who divided the kingdom among themselves.]

IV, 27. Now when Sigbert saw that his brothers had taken wives of lowly rank, he sent an embassy to Spain and sought the hand of Brunhilda, daughter of king Athanagild [king of the West Goths]....

28. When Chilperic heard of this, although he already had several wives, he sought the hand of Galeswintha, sister of Brunhilda, promising that he would leave his other wives, if he should be given a wife of royal rank. Athanagild, believing the promise of Chilperic, sent him his daughter Galeswintha with rich gifts, as he had already sent Brunhilda. And when she came to king Chilperic, he received her with great honor and was married to her; and he loved her greatly, for she brought rich treasures with her. But great strife was caused by the love of Chilperic for Fredegonda, with whom he had formerly lived. Galeswintha complained to the king of the indignity offered to her and said that she had no honor in his house, and she begged him to keep the treasures which she had brought with her and let her depart alone to her own land. But the king attempted to placate her with soft and deceitful words. Finally he ordered her to be slain by a servant, and she was found dead in her bed.... And Chilperic, having mourned her death, after a few days married Fredegonda.{40}

6. The Coronation of Pippin, 751.

Einhard’s Annals, M. G. SS. folio, I, pp. 137 f.

One of the most important results of the civil wars and weakening of the monarchy in the later Merovingian period was the rise to power of the mayor of the palace. The mayor of the palace was originally the chief servant of the king’s household. As the king used his private servants in the administration of public affairs the chief servant became eventually the chief public official. In the eastern Frankish kingdom (Austrasia) this office, like many other offices in this period, had become hereditary in the hands of one of the great families. The last stage of the civil war (see no. 5, note 40) was fought out really between the mayors of the palaces of Austrasia and Neustria, and resulted in the permanent triumph of the Austrasian house. The actual power and the wise administration of the mayors of this house were in striking contrast to the weakness and the inefficiency of the last Merovingian kings, and this was the chief reason for the change in succession related in this passage. The appeal to the pope and his favorable report on the contemplated change, and the later attack upon the Lombards by Pippin at the pope’s instance, are the first steps in the formation of a connection between the kings of the Franks and the popes.

Anno 749. Burchard, bishop of Würzburg, and Fulrad, priest and chaplain, were sent [by Pippin] to pope Zacharias to ask his advice in regard to the kings who were then ruling in France, who had the title of king but no real royal authority. The pope replied by these ambassadors that it would be better that he who actually had the power should be called king.

750 [751]. In this year Pippin was named king of the Franks with the sanction of the pope, and in the city of Soissons he was anointed with the holy oil by the hands of Boniface, archbishop and martyr of blessed memory, and was raised to the throne after the custom of the Franks. But Childerich, who had the name of king, was shorn of his locks and sent into a monastery.

753.... In this year pope Stephen came to Pippin at Kiersy, to urge him to defend the Roman church from the attacks of the Lombards.{41}

754. And after pope Stephen had received a promise from king Pippin that he would defend the Roman church, he anointed the king and his two sons, Karl and Karlmann, with the holy oil. And the pope remained that winter in France.

7. Einhard’s Life of Karl the Great.

Einhard, Vita Karoli Magni; M. G. SS. folio, II, pp. 443 ff.

Einhard, who lived about 770 to 840, was a scholar, and a member of the court and the circle of Karl the Great. His biography of Karl is the most reliable and intimate account of the life and the character of the emperor that we possess.

3. After ruling as king of the Franks for fifteen years, Pippin died at Paris, leaving two sons to succeed him, Karl and Karlmann.... Karlmann, however, died after two years of joint rule, and Karl became king of all the Franks.

5. The first of his wars was that against the duke of Aquitaine,{42} which was begun but not completed by his father. Karl had asked his brother to aid him in this undertaking, but Karlmann had failed to send the help which he had promised. Karl, however, undertook the war alone and carried it through successfully. Hunold, who had tried to recover the duchy of Aquitaine after the death of Waifer, was driven out of the province and forced to take refuge in Gascony. But Karl advanced across the Garonne, threatening Lupus, the duke of Gascony, with war unless he should surrender the fugitive. Thereupon Lupus not only gave up Hunold, but acknowledged the authority of Karl over his own duchy as well.

6. After the pacification of Aquitaine and the death of his brother, Karl made war on the Lombards in response to the prayer of Adrian, bishop of Rome. His father Pippin had also attacked the Lombards in the time of king Aistulf, at the request of pope Stephen, ... but had been content with besieging Aistulf in Ticino and securing pledges that he would restore the places which he had taken and would never renew his attack upon Rome. Karl went further: he overthrew Desiderius, king of the Lombards, and drove his son Adalgisus out of Italy; restored to the Romans their possessions; defeated a new rising under Radegaisus, duke of Friuli; and subjugated all of Italy, making his son Pippin king.{43}

7. Then Karl returned to the attack which he had been making upon the Saxons{44} and which had been interrupted by the Lombard invasion. This was the longest and most severe of all his wars, for the Saxons, being barbarians and pagans like most of the tribes in Germany, were bound by the laws neither of humanity nor of religion. For a long time there had been continual disturbances along the border, since there was no natural barrier marking the boundary between the two races, except in a few places where there were heavier forests or mountains. So the Franks and the Saxons were accustomed to make almost daily raids on the territory of each other, burning, devastating, and slaying. Finally the Franks determined to put an end to this condition of affairs by conquering the Saxons. In this way that war was begun which was waged continually for thirty-three years, and which was characterized by the most violent animosity on both sides, although the Saxons suffered the greater damage. The final conquest of the Saxons would have been accomplished sooner but for their treachery. It is hard to tell how often they broke faith; surrendering to the king and accepting his terms, giving hostages and promising to accept the Christian faith and abandon their idols, and then breaking out into revolt again. This happened in almost every year of that war, but the determination of the king could not be overcome by the difficulties of the undertaking nor by the treachery of the Saxons. He never allowed a revolt to go unpunished, but immediately led or sent an army into their territory to avenge it. Finally after all the warriors had been overthrown or forced to surrender to the king, he transplanted some ten thousand men with their wives and children, from their home on the Elbe, to Gaul and Germany, distributing them through these provinces. Thus they were brought to accept the terms of the king, agreeing to abandon their pagan faith and accept Christianity, and to be united to the Franks; and this war which had dragged on through so many years was brought to an end.

9. While this long war was going on, the king also made an expedition into Spain, leaving garrisons behind to hold the Saxons in check. Crossing the Pyrenees with a large army he conquered all the cities and fortresses in the region and returned safely with his whole army, except for those that were slain by the treachery of the Basques. For when the army was coming back through the passes of the Pyrenees, strung out in a long line of march because of the narrowness of the defiles, the Basques made a sudden attack upon the rear-guard, which was protecting the wagons and baggage of the army. The place was well suited to an ambuscade, being thickly wooded and very steep; the Basques suddenly rushed down from the heights where they had been hiding and fell upon the rear-guard and destroyed it to the last man, seizing the baggage and escaping under cover of the approaching night.... In this attack were slain Eggihard, the king’s seneschal, Anselm, count of the palace, and Hrotland, the warden of the marches of Brittany, along with many others. Up to the present time this attack has not been avenged, for the enemy dispersed so quickly that it was impossible to find them or to discover who were guilty.{45}

10. Karl also conquered the Bretons, a people dwelling in the remote western part of Gaul, along the shores of the ocean.... Then he again invaded Italy, this time marching through Rome to Capua, a city of Campania, and forcing the submission of Aragaisus, duke of Beneventum.

11. His next expedition was against Bavaria, which was soon reduced to subjection. This war was caused by the insubordination of duke Tassilo, whose wife, a daughter of Desiderius, urged him on to avenge the overthrow of her father. Tassilo made an alliance with the Huns, his neighbors, and prepared to attack the king. Karl, incensed at such presumption, immediately led an army in person to Bavaria, encamping on the river Lech, which separates Alamannia and Bavaria. Before invading the province he sent an embassy to the duke, who, seeing the hopelessness of attempting to oppose the king, immediately made his submission, offering hostages (among them his son Theodo) and swearing never again to revolt. Thus this war, which in the beginning threatened to be a serious affair, was brought to a rapid and successful conclusion.{46} But the king later summoned Tassilo to his presence and kept him a prisoner, not permitting him to return to his duchy; and from that time on the province was not ruled by a duke, but was divided into counties over which Karl placed counts of his own choosing.

12. This rebellion having been put down, the king next made an attack upon a tribe of the Slavs, whom we call the Wiltzi, in their own tongue, Welatabi.... The cause of this war was the attacks which the Welatabi were making upon the Abodriti, who were formerly allies of the Franks, and their refusal to desist from these attacks at the command of the king. There is a great gulf [Baltic Sea] extending east from the western ocean [Atlantic], whose length is unknown, but whose width nowhere exceeds one hundred miles, and is in many places narrower. Many tribes dwell along its shores: on the northern shore and in the islands, the Danes and the Swedes, whom we call Northmen; on the southern shore, the Slavs and the Aisti, and other tribes, among whom are these Welatabi. These latter were defeated in a single campaign and have never dared to revolt again.

13. The greatest of all the wars of Karl except the Saxon war, was that against the Avars and the Huns.... The king himself led one expedition against them into Pannonia, where they dwelt, but intrusted the later ones to his son Pippin and to the dukes and counts of the neighboring regions. The war lasted for eight years, and the bloody character of it is shown by the fact that to-day Pannonia is uninhabited and the site of the Khan’s palace is a desert, containing no trace of former human habitation. The whole nobility of the Huns was destroyed in the course of this war, and all the treasure of the Avars carried away by the Franks.{47} ...

14. ... His last war was waged against the Danes or Northmen. Beginning with small piratical raids, they had grown so bold that they attacked the shores of Gaul and Germany with large fleets, and their king, Godfrid, planned the conquest of Germany itself. He already claimed the Frisians and Saxons as his subjects, and had subjected the Abodriti and made them tributary. He even boasted that he would shortly proceed to Aachen and attack Karl himself. And indeed there was real danger that he might undertake this, but he was slain by one of his own followers and the danger passed.

15. These are the wars waged by this mighty king during the forty-seven years of his reign. Through his conquests the kingdom of the Franks as he had received it from his father Pippin was almost doubled in area. When he came to the throne it included only a part of Gaul and of Germany; in Gaul, that part bounded by the ocean [Atlantic], the Rhine, the Loire, and the Balearic Sea [Mediterranean]; in Germany, that part bounded by the Rhine, the Danube, the land of the Saxons, and the Saale, ... with the overlordship of Bavaria and Alamannia. Karl added by his wars Aquitaine and Gascony; the Pyrenees and the land south to the Ebro; ... all of Italy as far south as lower Calabria; ... Saxony, which forms a considerable part of Germany; ... Pannonia and Dacia; Istria, Liburnia, and Dalmatia, except the maritime cities which were allied with the emperor of Constantinople; and, finally, all the barbarous tribes inhabiting Germany, between the Rhine, the Danube, the Vistula, and the ocean [Baltic], ... of whom the most important are the Welatabi, the Sorabi, the Abodriti, and the Bohemians.

16. The glory of his reign was also greatly enhanced by his alliances and friendships with foreign kings and peoples. Thus Aldefonso, king of Gallicia and Asturia,{48} was his ally, and spoke of himself by letters and ambassadors as the man of Karl. The kings of the Scots also were wont to address him as master, calling themselves his subjects and servants, of which expressions there are evidences in letters still existing which they have written to him. He was also in close relations with Aaron [Haroun-al-Raschid],{49} king of the Persians, who ruled almost all of the east outside of India, and who always expressed the greatest friendship and admiration for Karl. On one occasion, when Karl sent an embassy with gifts for the holy sepulchre of our Lord and Saviour, he not only permitted them to fulfil their mission, but even made a present of that holy spot to Karl, to rule as his own. And when the embassy of Karl returned, it was accompanied by ambassadors from Aaron, bearing presents of fine robes, spices, and other eastern treasures. A few years before he sent to Karl at his request an elephant which was the only one he at that time possessed. The emperors of Constantinople, Nicephorus, Michael, and Leo, were his friends and allies and sent many embassies to him. Even when they suspected him of desiring to seize their empire, because he took the title of emperor, they nevertheless entered into alliance with him, to avoid a rupture.

25. He was very eloquent and could express himself clearly on any subject. He spoke foreign languages besides his own tongue, and was so proficient in Latin that he used it as easily as his own language. Greek he could understand better than he could speak.... He was devoted to the study of the liberal arts and was a munificent patron of learned men. Grammar he learned from Peter, an aged deacon of Pisa; in the other studies his chief instructor was Alcuin, a Saxon from England, also a deacon, and the most learned man of his time. With him he studied rhetoric, dialectic, and especially astronomy.... He tried also to learn to write, keeping tablets under the pillow of his couch to practise on in his leisure hours. But he never succeeded very well, because he began too late in life.{50}

28. His last visit to Rome was made because the Romans had attacked and injured pope Leo, tearing out his eyes and tongue, and had thus forced the pope to call on the king for aid. And having come to Rome to restore the church which had greatly suffered during the strife, he remained there all winter. It was during this time that he received the title of emperor and Augustus, to which he was at first so averse, that he was wont to say that he would never have entered the church on that day, although it was a great feast day [Christmas], if he had foreseen the plan of the pope. But his great patience and magnanimity finally overcame the envy and hatred of the Roman emperors [of the east], who were indignant at his receiving the title. This he did by sending them frequent embassies and addressing them in his letters as brothers.{51}

29. After he became emperor he undertook a revision of the laws of his empire, which were very defective, for the Franks had two laws [Salic and Ripuarian] differing in many points from one another. But he was never able to do more than to complete the various laws with a few additional sections and cause all the unwritten laws to be put into writing. He also wrote down for preservation the ancient German songs, in which the wars and adventures of old heroes are celebrated. He began also to make a grammar of his native tongue....

30. ... While he was spending the winter in Aachen, he was taken with a severe fever, which the Greeks call pleurisy, and died there on Tuesday, the fifth of the Kalends of February [January 28], in the seventy-second year of his age and the forty-seventh of his reign.

31. On the same day his body was prepared for burial and borne to the church of the Virgin Mary, which he had founded, in the midst of the lamentation of all his people, and there laid to rest. Over his tomb was erected an arch, covered with gold, and having his image and this inscription on it: "Under this tomb lies the body of Karl, the great and orthodox emperor, who greatly increased the kingdom of the Franks and ruled gloriously for forty-seven years. He died when over seventy years of age, in the year of our Lord 814, the 7th indiction, on the fifth of the Kalends of February."

8. The Imperial Coronation of Karl the Great, 800.

Duchesne, Liber Pontificalis, II, 7.

Since 476 there had been no emperor in the west, and the emperor at Constantinople had lost control of that part of the Roman empire. The west, however, still regarded itself as a part of the one great empire. The coronation of Karl the Great in 800 is the famous translatio imperii, the transfer of the empire, by which according to the papal theory the crown of the Roman empire was taken by the pope from the emperors at Constantinople, and conferred upon the king of the Franks. From this point of view it was the final act in the rebellion of the popes from the control of the emperors of the east. From the point of view of Frankish history, it was the culmination of the connection between the popes and the king of the Franks begun with the coronation of Pippin (see no. 6 and note).

After this, on Christmas day, all gathered together in the aforesaid church of St. Peter and the venerable pope crowned Karl with his own hands with a magnificent crown. Then all the Romans, inspired by God and by St. Peter, keeper of the keys of heaven, and recognizing the value of Karl’s protection and the love which he bore the holy Roman church and the pope, shouted in a loud voice: "Long life and victory to Karl, the pious Augustus crowned of God, the great and peace-bringing emperor." The people, calling on the names of all the saints, shouted this three times, before the holy confession of St. Peter, and thus he was made emperor of the Romans by all. Then the pope anointed Karl and his son with the holy oil.

9. General Capitulary about the Missi, 802.

M. G. LL. 4to, II, 1, no. 33; Altmann und Bernheim, no. 2.

The attempts of Karl to create a permanent central government are reflected in the great amount of legislation which has come down to us from his reign. This legislation is mainly in the form of capitularies, i.e., edicts or instructions, covering a wide range of subjects and interests. The general capitulary of the year 802, a portion of which is translated here, was issued by Karl after his imperial coronation and his return from Italy. It embodied a great number of instructions to his officials and subjects in regard to their relation to him in his new capacity as emperor. The publication and the enforcement of these instructions were intrusted to the missi, who appear now for the first time as regular officials of the empire. These officials were chosen from the counsellors, officials, and great men of the court, both ecclesiastic and secular, and were assigned to definite districts, two missi to each district. The districts were large administrative divisions of the empire including many counties (the regular divisions), and the two missi were to travel through the district assigned to them, looking into the general condition of the people, the administration of local officials, the condition of the royal lands, etc. They held four public courts a year in their district, at which they heard complaints, tried cases, etc. They had authority to control the regular officials and to depose them if necessary. They were supposed to report to the emperor the condition of the empire and to refer to him such cases as they were not able to decide. By means of these officials Karl kept in closer touch with, and maintained a firmer hold upon, the various parts of his empire than was possible merely by his own oversight over the counts, and at the same time avoided the other danger of creating independent rulers in the large districts, by changing the missi every year.

1. Concerning the representatives sent out by the emperor. The most serene and Christian emperor, Karl, chose certain of the ablest and wisest men among his nobles, archbishops, bishops, abbots, and pious laymen, and sent them out through his realm, and through these, his representatives, he gave his people rules to guide them in living justly. He ordered these men to investigate and to report to him any inequality or injustice that might appear in the law as then constituted, that he might undertake its correction. He ordered that no one should dare to change the prescribed law by any trickery or fraud, or to pervert the course of justice for his own ends, as many were wont to do, or to deal unjustly with the churches of God, with the poor or the widows and orphans, or with any Christian man. But he commanded all men to live righteously according to the precepts of God, and to remain each in his own station and calling; the regular clergy to observe the rules of monastic life without thought of gain, nuns to keep diligent watch over their lives, laymen to keep the law justly without fraud, and all, finally, to live together in perfect peace and charity. And he ordered his missi, as they desired to win the favor of Almighty God and keep the faith which they had promised him, to inquire diligently into every case where any man complained that he had been dealt with unjustly by anyone, and in the fear of God to render justice to all, to the holy churches of God, to the poor, to widows and orphans, and to the whole people. And if any case arises which they can not correct and bring to justice with the aid of the local counts, they are to make a clear report of it to the emperor. They are not to be hindered in the doing of justice by the flattery or bribery of anyone, by their partiality for their own friends, or by the fear of powerful men.

2. The oath of fidelity to the emperor. He has also commanded that every man in his kingdom, clergyman or layman, who has already taken the oath of fidelity to him as king, shall now renew it to him as emperor; and that all persons over twelve years of age who have not yet taken the oath shall do so now. The nature and extent of the promise should be made known to all, for it includes not only, as some think, a promise of fidelity to the emperor for this life, and an engagement not to bring any enemy into the kingdom nor to take part in or conceal any infidelity to him, but includes all the following:

3. First, that each one shall strive with all his mind and strength on his own account to serve God according to the commandments and according to his own promise, for the emperor is not able to give the necessary care and oversight to all his people.

4. Second, that no one shall ever wrongfully claim, take, or conceal anything that belongs to the emperor, such as lands or slaves, by perjury or fraud, or through partiality or bribery; and that no one shall take or conceal fugitive serfs from the royal lands, by perjury or fraud....

5. That no one shall do any violence or harm to the holy churches of God, to widows and orphans, or to strangers; for the emperor, after God and his saints, is constituted their special protector....

10. Selections from the Monk of St. Gall.

Monachus Sangallensis, M. G. SS. folio, II, pp. 731 ff.

The following documents, nos. 10–12, are intended to illustrate the interest and activity of Karl in the revival of learning in his realm. See also no. 7, Einhard’s Life of Karl, ch. 25. The disappearance of classical culture in the west through the disorders incident upon the decline of the Roman empire, the migrations, and the civil wars of the Merovingian period, was shown not only in the general ignorance among the common people, but also in the decline of learning and culture in the church. The selection from the Monk of St. Gall throws light upon the palace school of Karl and his court, the other numbers illustrate the interest of Karl in the education of the clergy and the reformation of the church services. The Monk of St. Gall is the unknown author of a chronicle account of the life and times of Karl, written in the latter part of the ninth century. It contains many tales and stories which are popular and in part legendary, showing how the figure of Karl was being magnified in the imagination of posterity.

I, 2. When Albinus (Alcuin), who was an Englishman, learned of the great favor with which Karl received wise men, he took ship and came over to him. This man was the most learned of all men of recent times in the holy writ, being the pupil of the learned priest Beda, who was the greatest commentator on the scriptures since St. Gregory [I]. Karl kept him at his side continually until his death, save for occasions when the emperor was at war. The emperor was always desirous of being known as the pupil of Alcuin. He also gave him the monastery of Tours to serve as a source of revenue during his own absence and as a place where Alcuin might live and instruct the scholars who sought him. His teaching bore such fruit among the Gauls and Franks that they approached the ancient Romans and Athenians in learning.

3. Now when the most victorious Karl after a long absence returned to Gaul he ordered the boys whom he had intrusted to Clement to come to him and show him their letters and verses. And the youths of lowly birth showed him writings adorned with all the graces of learning, beyond what had been expected, but the youths of noble rank presented trivial and worthless specimens. Then the wise Karl, imitating the justice of the eternal judge, separated the youths into two divisions and placed those who had done well on his right hand and addressed them thus: "Receive my thanks, children, for you have been zealous in obeying my orders and in improving yourselves. Strive now to perfect yourselves, and I will give you the best bishoprics and monasteries, and will ever hold you in my favor." Then turning a severe countenance upon those on his left hand, and striking terror into their hearts with his piercing eye, he hurled these ironical words at them in a voice of thunder: "You nobles, you sons of prominent men, you delicate and handsome youths! Relying on your birth and wealth, and caring nothing for our commands or for your own improvement, you have neglected the study of letters, and have indulged yourselves in pleasures and idleness and empty games." Then, lifting up his august head and raising his unconquered right hand to heaven, he thundered forth at them with his usual oath: "By the King of heaven, I care little for your noble birth and your beauty, though others may admire you for them; know this, that unless you straightway make up for your former negligence by earnest study, you need never expect any favor from the hand of Karl."

28. Such peace as the mighty emperor Karl was able to secure, he was not content to spend in idleness, but devoted it to the service of God. Thus he undertook to build, in Germany, a church after his own plan, which should surpass the ancient buildings of the Romans.... The oversight he intrusted to a certain abbot, not knowing his cunning. But whenever the emperor was absent, the abbot would allow some of the laborers to purchase their release for money, but those who were unable to pay for this, or who were not permitted to leave by their masters, he oppressed with continual tasks, as the Egyptians once oppressed the people of God, so that they had scarcely any rest. By this means he gathered together an immense treasure of gold and silver and silken hangings.... Suddenly he was informed that his house was on fire. Hastening home he broke through the flames into the chamber where he kept the chests of gold. Seizing two of these, one on each shoulder (for he was not satisfied with saving just one), he tried to escape by the door. But a great beam, burned in two by the fire, fell upon him and killed him, his body being destroyed by terrestrial flames, but his soul despatched to that fire which was not kindled by mortal hands [the flames of hell]. Thus the judgment of God watched over the interests of Karl, whenever the cares of the empire prevented him from looking after them himself.

II, 1. Adalbert told me about the defenses of the Huns [Avars]. "The land of the Huns," he said, "was surrounded with nine rings.... The distance from the first to the second ring was as far as from Zürich to Constance; the outer ring was composed of oak, beech, and pine trees, and was twenty feet across and twenty feet high, the space in between the trees being filled with stones and clay, and the outer surface covered with thick sod.... Within these [the first and second] rings the villages were so arranged that the voice of a man could be heard from one to another.... The distance from the second to the third ring was ten German miles, which equal forty Italian miles, and so on to the ninth, although, of course, each succeeding ring was narrower [contained less land] than the one preceding it. The fortifications and dwellings within each ring were so situated that a signal from a horn could be heard from any one of them. In this defense the riches of the west had been gathered together for more than two hundred years.... but the victorious Karl was able in eight years so completely to conquer the Huns, that not a trace of them is left."

9. Aaron [Haroun] recognized by this incident the might of Karl, and spoke [to Karl’s ambassadors] these words of praise: "Now I understand, how true are the things which I have heard about my brother Karl; how he is accustomed by his ceaseless efforts and unwearied striving to make everything under the sun serve as a means of discipline for his body and his mind. What can I send back that will be worthy of him who has so honored me? If I should give him the land of Abraham which was given to Joshua, he would not be able to defend it, because of its distance from him; or if he determined in his magnanimity to defend it, I fear that the neighboring provinces would revolt in his absence from the Frankish rule. Nevertheless I will try to equal him in generosity by this means: I will give him authority over that land, and I will act as his representative in it; he may send ambassadors to me when it pleases him or is convenient for him, and he will find that I am the most faithful defender of the incomes of that land."{52}

11. Letter of Karl the Great to Baugulf, Abbot of Fulda, 787.

Jaffé, IV, pp. 343 ff.

Karl, by the grace of God king of the Franks and the Lombards and patricius of the Romans, sends loving greeting in the name of omnipotent God to abbot Baugulf, and to the household of monks committed to his charge. Know that we, with the advice of our faithful subjects, have regarded it as important that in the bishoprics and monasteries of our realm those who show themselves apt in learning should devote themselves to study, in addition to their regular duties as monks. For as the observance of monastic rules promotes good morals and character, so also the practice of teaching and learning develops a pure and agreeable style. Let those who seek to please God by living uprightly, seek to please Him also by speaking correctly. For it is written: "By thy words thou shalt be justified, and by thy words thou shalt be condemned" [Matt. 12:37]. For although well-doing is more important than knowledge, nevertheless knowledge must precede action.... We have been led to write of this, because we have frequently received letters from monks in which they make known to us what they are praying for, and in these letters we have recognized correct sentiments, but an uncouth style and language. The sentiments inspired in them by their devotion to us they could not express correctly, because they had neglected the study of language. Therefore we have begun to fear lest, just as the monks appear to have lost the art of writing, so also they may have lost the ability to understand the Holy Scriptures; and we all know that, though mistakes in words are dangerous, mistakes in understanding are still more so. Therefore we urge you to be diligent in the pursuit of learning, and to strive with humble and devout minds to understand more fully the mysteries of the Holy Scriptures. For it is well known that the sacred writings contain many rhetorical figures, the spiritual meaning of which will be readily apprehended only by those who have been instructed in the study of letters. And let those men be chosen for this work who are able and willing to learn and who have the desire to teach others. And let this be done in the spirit in which we have recommended it. For we desire that you, as becomes your station, shall be both devout and learned, both chaste in life and correct in speech. Thus when anyone shall be moved by your reputation for devotion and holiness, and shall desire to see you, he may be both edified by your appearance and instructed by your learning, which shall appear in your reading and singing; and so he may go away rejoicing and giving thanks to God. Do not fail to send copies of this letter to all your suffragans and fellow-bishops and all the monasteries, if you desire our favor.