HEREBANNUM

4 definitions found across Law Mind sources

HEREBANNUMAuthored
The Law Mind • 773 words
Definition
A term of Old English and medieval law with three related but distinct meanings, all connected to military obligation and its enforcement: 1. A royal proclamation summoning the army into the field. The herebannum in this sense was the formal command by which the king called freemen to military service. 2. A fine or monetary penalty imposed on freemen who failed to answer the military summons. In this sense, the herebannum functioned as an enforcement mechanism — the consequence for non-compliance with the military call-up. 3. A tax or tribute levied for the support of the army. Here the term describes not a penalty but a standing fiscal obligation tied to military maintenance. The three meanings are bound by a common root: the medieval English duty of military service owed by freemen to the crown. Whether the term refers to the proclamation itself, the fine for ignoring it, or the tax funding the army depends on context.
Common Confusion
The three meanings of herebannum are easily conflated because they are historically intertwined. A researcher encountering the term in a medieval document cannot assume which sense is intended without reading context carefully. The proclamation (sense 1) triggers the obligation; failure to comply produces the fine (sense 2); and the tax (sense 3) operates as a parallel, sometimes substitute, fiscal mechanism. Historical sources, including Black's and Bouvier's, list all three meanings without always distinguishing which applied in a given legal instrument. This ambiguity is a genuine interpretive trap.
Why It Matters in Research
Herebannum appears almost exclusively in medieval English legal and historical sources. Researchers are most likely to encounter it when working with pre-Conquest and early post-Conquest materials, feudal tenure documents, or scholarship on the fyrd — the Anglo-Saxon levy of freemen. The term is a marker of a legal world organized around personal military obligation rather than standing professional armies or monetary substitutes. The three-meaning structure is the primary research trap. When Du Cange and Spelman — both cited in Black's — are consulted, they emphasize different senses, and the glosses are not always reconciled in secondary sources. A passage in a medieval charter imposing a herebannum may be read as a tax, a fine, or a reference to the act of summoning, and misidentification changes the legal character of the document substantially. Researchers working on the history of military tenure, scutage, or the commutation of military service into money payments will find herebannum directly adjacent to those topics. The fine for non-attendance (sense 2) is conceptually the ancestor of scutage — the later, more developed system by which knights paid money in lieu of personal service. Understanding herebannum clarifies the deep history behind that commutation. The term also surfaces in comparative studies of Frankish and English military law, as analogous obligations existed on the Continent under different names. Du Cange's Glossarium, cited in both Black's editions, is the authoritative Latin source for continental parallels.
Historical Dictionary Support
Black's Law Dictionary (both the first and second editions) and Bouvier's Law Dictionary are in close agreement on all three meanings, and each cites the same underlying authorities: Spelman for the fine and Bouvier's and Du Cange for the tax. This alignment reflects that all three dictionaries were drawing from the same narrow stream of medieval legal glossography rather than from independent research. Bouvier's phrasing — "calling out the army by proclamation" — is slightly more vivid than Black's "proclamation summoning the army into the field," but the legal content is identical. Neither source attempts to resolve the tension among the three meanings or explain how a single term came to carry all three, which is a genuine limitation. The historical dictionaries treat herebannum as a term to be catalogued rather than explained. What the historical dictionaries miss: they do not place herebannum within the developmental arc of English military obligation — the transition from the fyrd, to feudal knight service, to scutage — which would give a researcher the interpretive framework needed to use the term in context. Researchers should treat the dictionary entries as a starting point and consult Spelman's Glossarium Archaiologicum and Du Cange's Glossarium Mediae et Infimae Latinitatis directly for fuller treatment.
Jurisdictional Note
Herebannum is a term of Old English and early medieval law with no operative modern legal meaning in any common law jurisdiction. It is a research term, not a practice term, relevant only in historical legal analysis.
Related Terms
Fyrd — Scutage — Knight Service — Military Tenure — Heriot — Danegeld — Tallage — Mulet — Distringas — Feudal Incidents
HEREBANNUMmain
Black's Law Dictionary • 1891
In old English law. A proclamation summoning the army into the field. A mulet or fine for not joining the army when summoned. Spelman. A tax or tribute for the support of the army. Du Cange.
HEREBANNUMmain
Bouvier's Law Dictionary • 1928
Calling out the army by proclamation. A fine paid by free- men for not attending the army. A tax for the support of the army. Du Cange.
HEREBANNUMmain
Black's Law Dictionary (2nd Ed.) • 1910
In old English law. A proclamation summoning the army into the field. A mulet or fine for not joining the army when summoned. Spelman. A tax or tribute for the support of the army. Du Cange.

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