the holder of a benefice had to furnish of course varied with the size of his holding. The great lords raised the necessary troops by giving portions of their lands to their retainers on condition that the retainers should accompany them to war. So the obligation to perform military service was attached also to the small estates held not directly from the king, but from a great lord. We give here references to the appropriation of church lands, to the relation of the holder of the lands to the church and to the king, and to the extension of the name and practice to other than church lands. 197. Capitulary of Lestinnes, 743. M. G. LL. 4to, II, 1, no. 11. This is a capitulary of Carlmann, the brother of Pippin. It is the earliest case which has come down to us of appropriation of church lands for the purpose referred to. 2. Because of the threats of war and the attacks of certain tribes on our borders, we have determined, with the consent of God and by the advice of our clergy and people, to appropriate for a time part of the ecclesiastical property for the support of our army. The lands are to be held as _precaria_ for a fixed rent; one solidus, or twelve denarii, shall be paid annually to the church or monastery for each _casata_ [farm]. When the holder dies the whole possession shall return to the church. If, however, the exigency of the time makes it necessary, the prince may require the _precarium_ to be renewed and given out again. Care shall be taken, however, that the churches and monasteries do not incur suffering or poverty through the granting of _precaria_. If the poverty of the church makes it necessary, the whole possession shall be restored to the church. The whole capitulary, of which paragraph 2 is translated, is concerned with ecclesiastical matters; accordingly only the interests of the church in the military benefice is explained here. The relation of the holder to the state comes out in other documents. Notice the express reason given for the appropriation, and the relation of the holder to the church from which the land was held. 198. Capitulary of Aquitaine, Pippin, 768. M. G. LL. 4to, II, 1, no. 18. 5. Whoever holds a benefice from us shall be careful and diligent in its management; otherwise he shall lose the benefice, but retain his own property. 11. All secular persons who hold church lands shall hold them as _precaria_. Paragraph 5 refers to lands held from the king. Notice the distinction made between such land and land held in full ownership. Paragraph 11 repeats the provision made in the preceding number, that lands held from the church as benefices are to be regarded as _precaria_; this is found in a number of capitularies of this period, suggesting that the holders were apt to forget their obligation to the church and to treat the land as their own property. 199. Capitulary of Heristal, 779. M. G. LL. 4to, II, 1, no. 20.