BAN , a word taken from the
See also:root of a verb
See also:common to many Teutonic
See also:languages and meaning originally " to proclaim " or " to announce." The
See also:form of the word is bannum . In the
See also:laws of the Franks and kindred tribes the word had three
See also:main uses: first in the general sense of a proclamation, secondly, for the
See also:fine incurred for disobeying such proclamation, and thirdly for the
See also:district over which proclamations were issued . It was the frequent use of proclamations or bans, commanding or forbidding certain actions under a
See also:threat of punishment, which caused the second of these uses to arise out of the first, as the idea of wrong-doing became associated with the proclamation or ban . This bannum dominicum, as it was called, was employed by all feudal lords, from the
See also:king downwards, against offenders, and played an important
See also:part in the administration of
See also:justice in feudal times . It usually took the form of an
See also:order to make some amend for wrong-doing, which, if not complied with, was followed by the withdrawal of all
See also:protection from the offender, i.e. by
See also:outlawry . After the break-up of the Carolingian
See also:empire another use of the word arose in France . " Ban " had occasionally been used in a restricted sense referring only to the summons calling out the
See also:host; and as France became separated from the Empire, French
See also:law and
See also:custom seized upon this use, and soon the men liable to military service were known as " the ban." A variant form of this word was heriban or ariban, and it is possible that some confusion between the early syllables of this word and the word arriere led to a distinction between the ban and the arriere-ban or retro-bannum . At all events this distinction arose; the ban referring to the vassals called out by the king, and the arriere-ban to the sub-vassals called upon by the vassals in their turn . As in England, the liability to military service was often commuted for a monetary payment, and there were various exemptions . In the 17th and 18th centuries the ban and arriere-ban were lacking in discipline when called out, and were last summoned in 1758 .
See also:Local levies, however, called out between this date and the Revolution were sometimes referred to by these names . In the
See also:medieval Empire and in Germany the word "ban" retained the
See also:special sense of punishment .
See also:equivalent.of ban is Acht, and the
See also:sentence soon became practically one of outlawry . Connected possibly with the power enjoyed in earlier times by the assemblies of freemen of outlawing an offender, it was frequently used by the emperor, or German king, and the phrase " under the ban " is very common in medieval
See also:history . The execution of this sentence of placing an offender under the imperial ban, or Reichsacht, was usually entrusted to some
See also:prince or
See also:noble, who was often rewarded with a portion of the outlaw's lands . It was, . owever, only a serious punishment when the king or his supporters were strong enough to enforce its execution . Employed not only against individuals but also against towns and districts, it was sometimes divided into the Acht and the Oberacht, i.e. partial or
See also:complete outlawry . Documents of the
See also:time show that the
See also:person placed under the imperial ban drew down absolute destitution upon his relatives and frequently
See also:death upon himself . At first this sentence was the
See also:act of the emperor or king himself, but as the Empire became more German, and its administration less
See also:personal, it was entrusted to the imperial aulic council (Rcichshofret), and to the imperial
See also:court of justice or imperial chamber (Reichskammergericht) . These courts were deprived of this power in 1711, retaining only the right of suggesting its use . The imperial ban had, however, been used for the last time in 1706, when Maximilian Emanuel, elector of
See also:Bavaria, was placed under it . There are many other uses of the word in the sense of a prohibition . In earlier French law the ban of
See also:wine or bannum vini, was the exclusive right of a
See also:lord to sell wine during a stated number of days, and the ban of
See also:March and
See also:April forbade the pasturing of
See also:cattle in certain
See also:fields during these months . There were also other similar uses dating from feudal times .
See also:modern French law the phrase rupture de ban described, previous to 1885, the departure without
See also:notice of any released criminal living under the special surveillance of the
See also:police . The French
See also:government still retains the rights of appointing an obligatory place of residence for any criminal, and any
See also:escape from this place is a rupture de ban . A Scandinavian use of the word gives it the sense of a curse . This usage mingling with the use which spiritual lords shared with temporal lords of issuing the ban over their dependents, has become in a special sense ecclesiastical, and the sentence of excommunication is frequently referred to as " under the papal ban." The word is also used in this way by
See also:Shakespeare and Milton . The modern
See also:English use of the phrase " under the ban " refers to any
See also:line of conduct condemned by custom or public opinion . In its earlier and general sense as a proclamation, the ban may be said to have been suspended by the -writ . The word, however, survives in the sense of a proclamation in the " banns of
See also:marriage " (q.v.) . The Persian word ban, meaning lord or
See also:master, was brought into
See also:Europe by the
See also:Avars . It was long used in many parts of south-eastern Europe, especially in
See also:southern Hungary, to denote the
See also:governors of military districts called banats, and is almost equivalent to the German
See also:margrave . After enjoying very extensive
See also:powers the bans were gradually reduced, both in numbers and importance . Since 1868, however, the
See also:governor of Croatia and Slavonia has been known as the ban of Croatia, Slavonia and Dalmatia, but his duties are
See also:civil and not military . He is appointed by the emperor of
See also:Austria, as king of Hungary, and has a seat in the upper
See also:house of the Hungarian parliament .
See Du Cange, Glossarium, tome i . (
See also:Niort, 1883) H .
See also:Brunner, Grundzii.ge der deutschen Rechtsgeschichte (
See also:Leipzig, 1901); E . P . Boutaric, Institutions militaires de la France (
See also:Paris, 1863) ; Pere G . Daniel, Histoire de la milice francaise (Paris, 1721) .
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