Page:Readings in European History Vol 1.djvu/171

 Charlemagne 135 57. The Heerbann, or fine for refusing to join the army (801). IV. CHARLEMAGNE'S WAY OF RAISING TROOPS The following provisions are taken from three differ- ent capitularies issued after Charlemagne became emperor. If any free man, out of contempt for our command, shall have presumed to remain at home when the others go to war, let him know that he ought to pay the full hari bannum according to the law of the Franks, that is, sixty solidi. Likewise, also, for contempt of single capitularies which we have promulgated by our royal authority, that is, any one who shall have broken the peace decreed for the churches of God, widows, orphans, wards, and the weak shall pay the fine of sixty solidi. If any one shall have shown himself so contumacious -or haughty as to leave the army and return home without the command or permission of the king, that is, if he is guilty of what we call in the German language herisliz? he him- self, as a criminal, shall incur the peril of losing his life, and his property shall be confiscated for our treasury. Every free man who has four mansi 2 of his own property, or as a benefice from any one, shall equip himself and go to the army, either with his lord, if the lord goes, or with his count. He who has three mansi of his own property shall be joined to a man who has one mansus, and shall aid him so that he may serve for both. He who has only two mansi of his own property shall be joined to another who likewise has two mansi, and one of them, with the aid of the other, shall go to the army. He who has only one mansus of his own shall be joined to one of three men who have the same and shall aid him, and the latter shall go alone; the three who have aided him shall remain at home. Concerning going to the army: the count in his county 59. Nature under penalty of the ban, and each man under penalty of *^*"*" 1 This capitulary was addressed to Charlemagne's officials in Italy. 2 A mansus contained about 135 acres. the army.