[DZ] P. 176, l. 11. Du Cange defines Ballomer as falsus dominus, pseudo-princeps. It is regarded as a word of Frankish origin with termination in -mer, like Clodomer.
[EA] P. 177, l. 9 f. The meaning of this probably is that Leonard was stripped of the insignia of office which he had retained. Brunner, Deutsche Rechtsgeschichte, vol. II, p. 81, Note.
[EB] P. 178, l. 18. Gunthram appears here more as the avenger of his kinsman according to the old custom than as king with a new order of justice at his hand. Cf. Brunner, vol. I, p. 325 (edition of 1906).
[EC] P. 178, l. 35. The reference is probably to the estates granted (commendatum) to him by the king.
[ED] P. 181, l. 9. The vicar (also tribunus, judex loci) was an officer subordinate to the count. Injuriosus had been obliged to borrow money, having either failed to collect the taxes in full or spent the money otherwise.
[EE] P. 182, c. 29. The interest of this chapter lies in the vivid manner in which the fear of St. Martin is depicted as a present reality to the people of the time. A Frank named Claudius was commissioned by king Gunthram to destroy Eberulf, a political refugee, without violating St. Martin’s sanctuary. “As he travelled along [to Tours] Claudius, according to the custom of the barbarians, began to watch the signs and say they were unfavorable to him, and at the same time to ask many persons if the power of the blessed Martin was shown at the present time on those who broke faith; he particularly wanted to know whether St. Martin’s vengeance followed immediately in case any one attacked persons who put their faith in him.” On arriving at Tours Claudius ingratiated himself with Eberulf and promised him help, and when the latter “saw that Claudius made such promises on oath in the very church and at its entrance and in every part of the court-yard [atrium], the ill-fated man believed the perjurer.” The next day a feast was held in the church and Claudius secured Eberulf’s confidence to such a degree that the latter relaxed his guard. “He sent his men one after another to get strong wine, Italian wine, of course, and Syrian wine.” This took place in the courtyard of the church. Claudius was now in a dilemma. “He was purposing to kill Eberulf in the courtyard, but he was afraid of the power of the holy bishop.” However, the chance was too good to be lost. Eberulf was slain by Claudius and his men, but Eberulf’s followers immediately appeared and there was a fierce battle in and about the monastery in the courtyard. “The poor, both those who received the regular doles, and others” took part. “Those who were ‘possessed’ and the beggars hurried from here and there with stones and clubs to avenge the insult done to the church.” Claudius and his men were all slain. Thus “the vengeance of God had immediately overtaken the men who had polluted the holy courtyard with human blood. Moreover, Eberulf’s wickedness is perceived to be not slight when the blessed bishop (Martin) allowed him to meet such a fate.” The whole incident was regarded by Gregory, who was absent at the time “at a country place about thirty miles from the city,” as a vindication of St. Martin.
[EF] P. 184, l. 21. For an account of the arms and armor of the period see L. Beck, Geschichte des Eisens, vol. I, pp. 703-728 (1884).
[EG] P. 186, c. 47. This feud, the sequel of which is given in Book IX, c. 19, is of some interest in the study of the criminal law of the period, but is told by Gregory in a somewhat tangled way, so that it seems best to summarize the main points in a note. A company who were celebrating Christmas were invited by a priest “to go to his house, to drink.” Evidently they had been drinking too much already, for one of them, Austrighysel, drew his sword and killed the priest’s slave who brought the message. Thereupon the feud began. Another of the company, Sichar, “who was on terms of friendship with the priest,” attacked Austrighysel at the church door, but the latter was forewarned and his party, killing Sichar’s servants, made off with his gold and silver and other property, Sichar himself escaping in the confusion. The case came before a court of citizens (in judicio civium) which gave judgment against Austrighysel, who was to pay the fine for homicide and for taking property without warrant. But Sichar, in the true spirit of a feudist, did not wait for this judgment. Learning where the property was kept, he took an armed band, murdered all in the house where the treasure was, and even carried off the flocks and herds. “On hearing this,” says Gregory, “we were greatly vexed and in conjunction with the judge we sent messengers to them to come to our presence and make a reasonable settlement and depart in peace, that the quarrel might not breed greater trouble.” Gregory even offered to advance the church’s money to pay the fine of the guilty one, if the latter had not money himself. But Chramsind, the representative of the family Sichar had murdered in the last incident, refused to accept settlement, and hearing later a false report that Sichar had been killed by one of his own slaves, he took up the feud anew, “summoned his kinsmen and friends,” plundered Sichar’s house, and killed all the slaves on his estate. The settlement of this tangled feud is extremely interesting, since it shows how the courts of the period were straining every effort to overcome the time-honored custom of the blood feud. “Then the two parties were summoned before the judge in the city and pleaded their causes, and the verdict was found by the judges that he [Chramsind] who had been unwilling to accept a money payment before and had burned the houses, should lose half of the award which [otherwise] would have been adjudged to him,—this was done contrary to the law if only peace could be restored—but Sichar was to pay the other half of the fine. Then the church gave money to the amount of the verdict; Sichar paid his fine and received a receipt for it, each party swearing to the other that at no time should one party go muttering things against the other. And thus the strife ended.” It did not end, however, as the nineteenth chapter of the ninth book shows.
[EH] P. 189, c. 1-7. For a discussion of Gregory’s attitude toward Gunthram see S. Hellmann, Studien zur mittelalterlichen Geschichtschreibung, Hist. Zeit., vol. 107, p. 23 f.
[EI] P. 189, l. 6. Gunthram was frequently threatened with assassination. See pp. [174], [176], [178], [205]. On this occasion he seems to have felt more confidence.