Chapter XXVI: Book IX: Concerning Fugitives and Refugees

TITLE I. CONCERNING FUGITIVES, AND THOSE WHO CONCEAL,
AND ASSIST THEM IN THEIR FLIGHT.

=I.= _Where a Freeman or a Slave is Found to have Concealed a
Fugitive._

=II.= _Where a Fugitive is Released from his Chains by any
Person._

=III.= _Within what Time a Fugitive Slave that has been Found,
shall be Produced Before the Judge._

=IV.= _Where Anyone, Ignorantly, Receives a Fugitive Slave,
and Cares for Him._

=V.= _Where Anyone Persuades the Slave of Another to Flee, or
Shows him Hospitality._

=VI.= _Where a Man, Unknown to be a Slave, is Received by
Another, and Remains with him Several Days._

=VII.= _Where a Slave, Knowingly, Directs a Fugitive Slave in
his Flight._

=VIII.= _Concerning the Reception of Fugitive Slaves; and
Whether a Master or a Slave may Receive a Fugitive Slave
Belonging to Another._

=IX.= _Where a Fugitive Slave Comes to the House of any
Person, Notice of the Fact must be Given to the
Neighbors and Authorities of the District._

=X.= _Where a Slave that has been Sold into a Foreign Country,
Returns as a Fugitive, and is Sold a Second Time, he
shall be Entitled to his Freedom._

=XI.= _Where a Fugitive Slave Takes Refuge with Another Person,
an Investigation must be Made, to Ascertain whether he
was not Sent by his Master, in Order that the Latter
might Receive Compensation from the Person who Received
said Slave._

=XII.= _Where a Slave, Falsely Declaring that he is Free,
Serves Another for Hire._

=XIII.= _Where a Fugitive Slave is Found in the House of any
Person._

=XIV.= _Concerning the Reward for Arresting a Fugitive Slave._

=XV.= _Where a Fugitive Slave Falsely Declares that he is
Freeborn._

=XVI.= _Where a Fugitive Slave, Declaring that he is Freeborn,
Marries a Freeborn Woman._

=XVII.= _Concerning Property Acquired by Fugitive Slaves._

=XVIII.= _Concerning Those who Refuse to Restore Fugitive
Slaves to their Masters._

=XIX.= _Where a Freeman, or a Slave, Undertakes the Concealment
of Robbers._

=XX.= _A Judge must Surrender a Fugitive Slave, with all the
Property Found in his Possession, to his Master._

=XXI.= _Concerning Fugitive Slaves, and those who Shelter Them._

=I. Where a Freeman or a Slave is Found to have Concealed a Fugitive.=

Where a freeman conceals a fugitive slave, he shall be compelled to give up said slave to his master, along with another slave of equal value. If a slave, without his master’s knowledge, should conceal another slave who is a fugitive, both shall receive a hundred lashes; and the master shall be in no respect responsible for damages.

=II. Where a Fugitive is Released from his Chains, by any Person.=

If anyone should set free the slave of another, while the latter is fettered with irons, or bound in any way, he shall give to the master of the slave ten _solidi_, on account of his interference. In case he should not have the property wherewith to pay said amount, he shall receive a hundred lashes by order of the judge, and shall, at once, restore the slave to his master. Where said slave cannot be found, he shall be compelled to give another of equal value to the master; or, if he should not have the means to render satisfaction, he shall himself be delivered up as a slave to him whose own slave he released. Where a slave committed this offence without the knowledge of his master, he shall receive a hundred lashes in the presence of the judge; and if the slave who was set free cannot be found, he who liberated him shall be delivered up to the master of the one who was released. But whenever the fugitive slave shall be found, he shall be restored to his master, and the one who was surrendered in his place shall be returned to his master. If, however, one slave should release another with the knowledge of his master, said master must make such compensation as has been hereinbefore provided in the case of freeborn persons.

=III. Within what Time a Fugitive Slave that has been Found, shall be Produced Before the Judge.=

Where a fugitive slave takes refuge with any person, the latter must straightway bring him before a judge. Should he not produce him as aforesaid, and the slave should remain with him until the eighth night, and then go elsewhere, the person who sheltered him shall be compelled to give two slaves of equal value to his master. If, however, he should be found to have concealed the slave who took refuge with him, he must restore him and give another slave to the master, without delay; because he neglected to give notice to the latter within the legally appointed time.

=IV. Where Anyone, Ignorantly, Receives a Fugitive Slave, and Cares for Him.=

Where any person ignorantly receives a fugitive slave, and treats him with hospitality, and he should not remain in his house longer than one day or one night, he shall make oath before the master who is searching for said fugitive, that he did not know that he was a fugitive slave; and, if he can prove, without doubt, that he did not conceal him, he shall incur no liability whatever. If, however, said slave should remain in his house for the space of two, three, or four days, for any reason whatever, the said person must show where he was, or by whom he was sheltered, afterwards; and he must either find the fugitive within six months, or prove with whom the slave took refuge after he left his house. If he should not be able to find said slave, he must purge himself by oath of all complicity in his flight, as well as of all knowledge with whom the slave took refuge subsequently; and he shall either restore the fugitive, or give another slave of the same value to his master. If the fugitive should be afterwards found, the slave given in his place shall be returned to his former master, and the latter shall incur no liability whatever.

=V. Where Anyone Persuades the Slave of Another to Flee, or Shows him Hospitality.=

If anyone, knowing him to be a fugitive, should persuade the slave of another to escape, or anyone should entertain or disguise said slave, and the latter is found, the party aforesaid shall be compelled to give two others of equal value to his master. Should said fugitive not be found, said party must give three slaves of equal value to his master. The same rule shall also apply to the case of female fugitives.

=VI. Where a Man, Unknown to be a Slave, is Received by Another, and Remains with him Several Days.=

If a stranger, who is a fugitive, should remain, for the space of five or seven days, upon the premises of any person, he who received or entertained him, must give notice of the fact, before the eighth day, to the judge, or governor of the nearest town or province, as has been provided by the law recently promulgated, concerning fugitive slaves; in order that said fugitive may be examined by the authorities, and it be ascertained who he is, and why he has come to that locality. In this way, every provision of the law relating to the treatment of fugitive slaves which we have recently published, shall be complied with in every respect. The greatest diligence must be employed throughout all the provinces of our kingdom, to the end that the appearance of a fugitive, as aforesaid, may become publicly known upon the day of his arrival, or the day afterwards. Where, however, the person who entertains a fugitive slave does not give notice within eight days, and permits him to remain in his house, he shall restore the fugitive to his master, and give the latter another slave, as a penalty for not having given the notice required by law. If, however, the fugitive should escape, he who entertained him must find him; and, if he cannot do so, he shall be compelled to give two slaves of the same value to his master.

=VII. Where a Slave, Knowingly, Directs a Fugitive Slave in his Flight.=

Where one slave knowingly assists another in his flight, he shall receive a hundred lashes, whether the fugitive is found, or not; and the master of the delinquent shall be in no way responsible for his act.

=VIII. Concerning the Reception of Fugitive Slaves; and Whether a Master or a Slave may Receive a Fugitive Slave Belonging to Another.=

If a fugitive slave should take refuge at the house of any person, and, being unknown to said person, should receive assistance from him, and then straightway continue his journey, no liability of any kind shall attach to him who entertained, as it were, a passing traveller, after said person has sworn that he whom he assisted was unknown to him. But where a fugitive remains, for two or three days, in the house of said person, the latter must cause him to be produced, as was provided by a former law, before the eighth day, before the authorities of the district; that is to say, before the judge, deputy, or governor, along with a competent witness. A thorough investigation shall then be made by the judge, or other magistrate, to ascertain whether said fugitive is a slave; and, should he be such, when he escaped from his master, as well as when and where he took refuge with the party who produced him. Said examination shall be committed to writing and signed by the judge, or other official, who conducted the investigation.

If the fugitive should declare that he is a slave, he shall be delivered up to the party who produced him, and the latter, within eight days, must return him to his master. Where the latter lives at a distance from the place the slave was taken, the number of days during which the fugitive remained under the control of him who received him, shall be computed, and twenty miles shall be set down for each day; and when said person shall restore the fugitive to his master, either in his own person, or by an agent, he shall be entitled to receive the compensation allowed by law in such cases; that is to say, one _tremisa_ for every thirty miles traversed by said fugitive slave. If, however, on account of the great distance, it should be a hardship for the party who received the slave to restore him to his master, he must deliver him, in the presence of witnesses, either to the steward in control of any property of the master in the neighborhood, or to a magistrate of the district; and, having received from him the compensation hereinbefore specified, he shall be free from all liability whatever. If, however, the fugitive, when brought before the judge, and interrogated by him, should refuse to disclose whose slave he is, he who produced him must leave him in the custody of the judge. The judge shall keep said fugitive in strict confinement, and shall bring him before the king, in council, within the time, and according to the manner, hereinbefore prescribed, in order that further inquiry may be had, in a place where general publicity may secure the identification of the fugitive. The preceding law having thus been established, whoever, hereafter, does not obey the same, and produce a fugitive before the judge, whether he is known to be a slave, or not, and where he is a slave, does not restore him to his master, shall be compelled to restore him, and give another slave, by way of satisfaction. If the fugitive should die, the master shall be entitled to receive two slaves, of equal value, from him who sheltered him. The judge shall also be liable to a similar penalty, should he neglect to execute the law as hereinbefore provided. If a slave, without the consent of his master, should shelter another who is a fugitive, he shall receive a hundred lashes in the presence of the judge; and the fugitive shall be returned to his master, upon the demand of the latter. If, however, the fugitive, who was sheltered by a slave, should not be found, the master of him who sheltered the fugitive shall be compelled to give in his stead another slave, of the same value, to the owner of the same. If the master should be unwilling to render satisfaction for the act of his slave, he must deliver up the offender by way of amends.

=IX. Where a Fugitive Slave Comes to the House of any Person, Notice of the Fact must be Given to the Neighbors and Authorities of the District.=

Where a fugitive slave takes refuge in the house of any person, the latter must give notice to the authorities of the district; and should he desire to keep said fugitive in custody, in his house, it shall be lawful for him to do so. When the master of said slave comes after him, he shall be restored to him, and he who sheltered said slave shall incur no liability. But if, in the meantime, the said fugitive slave should betake himself elsewhere, he who gave notice to the authorities shall make oath, in their presence, that he did not persuade said fugitive to escape, or assist him in his flight, and that he is ignorant of his present whereabouts; and, after having done this, he shall be in no way responsible.

=X. Where a Slave that has been sold into a Foreign Country, Returns as a Fugitive, and is Sold a Second Time, he shall be Entitled to his Freedom.=

Where a master sells his slave, and he is taken into a foreign country, and afterwards returns, and his master sells him a second time, the master shall be forced by the judge to redeem said slave from the purchaser; and the latter shall then be liberated, and subjected to no further annoyance. He who, actuated by avarice, thus placed a slave, returning from a foreign country, in bondage a second time, shall be compelled to give to the purchaser another slave of the same value, in addition to the price which was paid. The former master of the returned slave shall not sell him, or have any right to his services; but said slave shall be forever entitled to the full enjoyment of his freedom.

=ANCIENT LAW.=

=XI. Where a Fugitive Slave Takes Refuge with Another Person, an Investigation must be Made, to Ascertain whether he was not Sent by his Master, in Order that the Latter might Receive Compensation from the Person who Received said Slave.=

A fugitive slave shall be compelled to disclose the name of his master, and shall be thoroughly examined by the judge, in order to ascertain whether his master did not cause him to take refuge with another person for the sake of illegal gain. And if it should be established that his master was guilty of fraud, whereby he desired to implicate another in the crime of having knowingly concealed his slave, he shall be liable for such damages as are imposed upon those who wilfully conceal slaves. For it is but just that he who is guilty of such malignant treachery should pay the penalty which he attempted to impose upon another.

=ANCIENT LAW.=

=XII. Where a Slave, Falsely Declaring that he is Free, Serves Another for Hire.=

Where a fugitive slave asserts that he is freeborn, and remains with anyone, for hire, in a place where he is unknown, he shall be produced and examined before the judge, as has been provided by a former law. And if the investigation should disclose that he is merely a laborer, and not a fugitive slave; and if, afterwards, this should be found to be false, and his master should appear; he who ignorantly employed him, not knowing that he was a fugitive, shall in no wise be held responsible. The master, however, shall receive the compensation due to the slave, according to the contract made by the latter. If the slave should escape from his master a second time, and should take refuge with him who formerly employed him, he must at once deliver him up to the judge, or restore him to his master; and if he should not do so, he shall be liable to the penalty imposed upon those who shelter fugitive slaves.

=XIII. Where a Fugitive Slave is Found in the House of any Person.=

Where a fugitive is found in the house of a person of rank, or of anyone else, whether he declares that he is free or not, he shall, without delay, be delivered up to whoever claims him. He in whose house said slave was found shall require security that he shall be brought into court, and that he shall not be tortured, in any way, before his case is decided, until he himself establishes the fact of his freedom, or he who claims him proves that he is a fugitive slave. Where the claimant is unwilling to do this, the fugitive shall remain in charge of him who found him, until it is ascertained what disposition the judge shall make of him.

=FLAVIUS RECESVINTUS, KING.=

=XIV. Concerning the Reward for Arresting a Fugitive Slave.=

Whoever arrests a fugitive slave, shall be entitled to one _tremisa_ for every thirty miles, or less, which said slave has traversed in his flight, and a _solidus_ for every hundred miles, as a reward for the capture; and the number of _solidi_ paid shall increase with the number of miles traversed. He who finds a fugitive slave, must deliver him, at once, with all the property which is in his possession, to his master. If, however, a fugitive slave should escape from his captor, the latter must swear before the master that the fugitive did not gain his liberty through any design or fraud on his part, and he shall then incur no liability therefor. But if, after having made oath as aforesaid, he should be proved to have accepted anything from said fugitive, or to have committed any fraud, whereby the latter might take refuge elsewhere, and said fugitive should be afterwards found, said party shall be required to give another slave, of the same value, to his master; but if the fugitive should not be found, he shall be compelled to give him two slaves in his stead.

=XV. Where a Fugitive Slave Falsely Declares that he is Freeborn.=

Where a fugitive slave comes among persons to whom he is unknown, and asserting that he is freeborn, afterwards marries a freeborn woman, and said woman, or her parents, or relatives, should be convinced of the fact that he is a slave, and the judge should have investigated the matter, in behalf of the woman, and the master of said slave should add his testimony; no reproach shall attach to said woman, nor shall she be liable for any damages, but she shall continue to be free, and any children she may have had by said slave, shall follow the condition of their mother. She shall not be separated from said slave should she desire to remain with him, provided his master gives his consent.

=FLAVIUS CHINTASVINTUS, KING.=

=XVI. Where a Fugitive Slave, Declaring that he is Freeborn, Marries a Freeborn Woman.=

For the reason that fugitive slaves falsely declaring themselves to be freemen, frequently contract marriages with freeborn women, we now decree by the following law, that where a slave, having escaped from his master, by any means whatever, takes refuge with anyone, whether he declares that he is free or not, and, under such circumstances, marries a freeborn woman, the issue of said fraudulent union shall invariably follow the condition of the father; and when the master of the slave appears, he shall have a right to claim as his own, not only said fugitive, but also his children, and such property as they may be possessed of. A similar rule shall apply to female slaves who, escaping from their masters, presume to contract marriages with freeborn men.[45]

=FLAVIUS CHINTASVINTUS, KING.=

=XVII. Concerning Property Acquired by Fugitive Slaves.=

If a fugitive slave should acquire any property through his labor and skill, when his master appears, the latter shall have the right to the whole of it. But where his master finds him in possession of property stolen from another, he can advance no claim to it, but must restore said property to him who lost it. If, however, said fugitive slave should have caused any damage, or committed any crime, he who concealed him must render satisfaction for the same.

=FLAVIUS CHINTASVINTUS, KING.=

=XVIII. Concerning Those who Refuse to Restore Fugitive Slaves to their Masters.=

For the reason that many persons are prone to controversy, and frequently pervert the meaning of the laws; and because it was declared by an ancient law that whenever a master comes upon his slave he may take him; and for the reason that said persons frequently refuse to surrender a fugitive slave, and, under such circumstances, cause delay, that they may have the benefit of the services of said slave for a time; and also, as said delay is entirely useless, and it is unjust that a master, for the sake of a vile slave, should be compelled to remain, for an indefinite period, two or three hundred miles from home; and because such proceedings are rather the result of artifice than of truth; we hereby decree that henceforth, whenever anyone refuses to surrender a fugitive slave to his master, or to the agent of the latter, or rescues him after he has been arrested, he shall be compelled to restore said fugitive to his master, along with four other slaves of equal value; or, if said fugitive should die, he shall be compelled to give his master five slaves of equal value; and if the fugitive should afterwards be found by said person, or by his former master, he shall belong to the latter, and one of those who was given in his stead shall be returned to the donor of the same. And if a slave, without the knowledge of his master, should commit any of the offences hereinbefore described, and his master is willing, he must give two slaves, of equal value, by way of compensation, to the owner of the fugitive; but should he be unwilling to do so, the slave shall be delivered to the owner of the fugitive to be his property forever. The same rule shall apply in the case of female slaves.

=ANCIENT LAW.=

=XIX. Where a Freeman, or a Slave, Undertakes the Concealment of Robbers.=

Any freeman or slave who knowingly conceals robbers, shall be compelled to produce them, and shall receive two hundred lashes with the scourge; and should he not produce them, he shall be liable for the penalty for their crime.

=XX. A Judge must Surrender a Fugitive Slave, with all the Property Found in his Possession, to his Master.=

Whatever property a judge finds in the possession of a criminal or a fugitive slave, in the absence of him who has a right to claim said criminal or slave, must be delivered to the governor of the city, and kept by him, to be restored to the owner when he arrives.

=EGICA, KING.=

=XXI. Concerning Fugitive Slaves, and those who Shelter Them.=

It has been plainly set forth in former laws, by what means and investigations the secret escape of fugitive slaves may be repressed. But as, under various legal pretexts of judges, or through the fraud of those who shelter them, their flight is concealed, and the enforcement of the laws becomes difficult, and with the increasing number of fugitives, the facilities for their concealment become greater, to such an extent has this evil grown that there is scarcely a town, castle, village, or hamlet, where a number of fugitive slaves are not known to be in hiding.

Leaving the provisions of a former law relating to fugitive slaves in full force, we now decree that hereafter, whoever shelters a fugitive slave belonging to another, shall immediately subject him to a judicial examination, even though he should assert that he is freeborn, in order that it may be ascertained whether he is a freeman or a slave, and should he prove to be a slave, that he may be returned to his master. If, however, said person should not produce said fugitive in court, or restore him to his master, whether he proves to be either a slave or a freeman, said person shall receive a hundred and fifty lashes by order of the judge. In case he should be freeborn, he shall receive a hundred and fifty lashes, and shall pay in addition a pound of gold to the master of the fugitive slave, and should he not have the means to pay said sum, he shall receive two hundred lashes. All other residents of that neighborhood, whether they be natives, or foreigners, freemen or slaves, whether they belong to the clergy or are in the service of the Crown, shall be liable to similar penalties, if they do not give notice of said fugitive, or drive him from the possession of him who concealed him, when they are aware of the presence of said slave.

And we also provide that the following shall be strictly observed, to wit: that whenever any fugitive slaves come into any locality, all the inhabitants shall assemble, and shall make a thorough examination of said fugitive slaves, either by the application of torture, or by any other severe method; in order to ascertain whose slaves they are, when they escaped from their masters, and when they arrived in that vicinity; and to this end they must use every means possible, in order that said slaves may be delivered up, or sent to their masters, as provided by a former law. If, however, said persons should not comply with this provision, and should neither make inquiry concerning said fugitive slaves, nor endeavor to restore them to their masters, nor subject them to judicial examination, as aforesaid, but said slaves should subsequently be found in the place where they had first taken refuge, all the inhabitants of that neighborhood, both men and women, of whatever race, family, rank, or dignity to which they may belong, shall each receive two hundred lashes in public, by order of the judges. And if the _tiuphadi_ or deputies, or all invested with judicial power, or officials of the treasury, or attorneys, or priests, or any employees of the royal service, should, in any way, connive at the concealment of said fugitive slaves, or should neglect to execute the sentence of this law upon all persons subject to their jurisdiction, they shall be arrested by the bishop, or the governor of the province, and shall publicly receive two hundred lashes. If any bishop having jurisdiction of such a cause either influenced by friendship, or corrupted by a bribe, or through lukewarmness, should not carry out the sentence of the law upon those who are guilty, he shall bind himself before God, and in the presence of the governor, or his deputy, that, by way of penance, for thirty days he will not touch wine or food, excepting each day at vespers, and then only a morsel of barley bread and a cup of water, for the sustenance of his body; and this bitter penalty he must endure for the reason that he refused to carry out the provisions of the law. We hereby admonish all judges and governors to execute the sentence aforesaid; and, should they neglect to perform their executive and judicial duties, they shall each forfeit three pounds of gold to the royal treasury.

Any person who, within the limits of Spain, desires to purchase any slave from a party unknown to him, must not conclude said purchase until inquiries have been made to determine whether said stranger is selling a slave of his own, or one belonging to some other person. Said inquiries shall take place in the presence of the judge, or of persons of respectability who are present where said slave is offered for sale; and the vendor of the slave shall make his statements under oath. The slave who is offered for sale shall himself be subjected to a severe examination; and, should it be ascertained that he is not the property of the person who offered him for sale, but that he belongs to another, then the judge shall order him to be restored to his master. The judge shall retain in custody the party who attempted to sell the slave of another, as well as the slave in question, until the arrival of the master, when the judicial examination shall be completed, and the satisfaction required by law shall be made. Given and confirmed at Cordova, in the sixteenth year of our happy reign.[46]

TITLE II. CONCERNING THOSE WHO REFUSE TO GO TO WAR,
AND DESERTERS.

=I.= _Where an Officer of the Army, Corrupted by a Bribe,
Permits a Soldier to Depart, or does not Compel him to
Leave his Home._

=II.= _Where Conscription Officers Appropriate the Property of
Those they Call to Arms._

=III.= _Where an Officer of the Army Abandons the War, and
Returns Home, or Permits Others to do so._

=IV.= _Where an Officer of the Army, Deserting the Service,
Returns Home, or Compels Others to do so._

=V.= _Where a Conscription Officer Receives a Bribe to Permit
Soldiers who are not Ill, to Remain at Home._

=VI.= _Concerning those who Appropriate Army Rations, or are
Guilty of Fraud in the Distribution of the Same._

=VII.= _What Reward he who Rescues Slaves, or Property, from
the Possession of the Enemy, shall be Entitled to._

=VIII.= _What Conduct shall be Pursued when Public Scandal
Arises within the Bounds of Spain._

=IX.= _Concerning Those who Fail to Enlist at the Appointed
Time or Place, or Desert; and What Proportion of the
Slaves Belonging to any Person shall Join the Army._

=I. Where an Officer of the Army, Corrupted by a Bribe, Permits a Soldier to Depart, or does not Compel him to Leave his Home.=

Where the commander of a force of a thousand men, corrupted by a bribe, permits a soldier to return to his home, he shall pay ninefold the amount which he received, to the governor of the city in whose territory he was at the time. If, however, without receiving any bribe, he should permit a soldier, who is well, to depart as aforesaid, or should not compel him to leave his home and join the army, he shall pay thirty _solidi_; a commander of five hundred men shall pay fifteen _solidi_; a centurion, ten _solidi_; and a decurion, five _solidi_; and the said sums shall be divided among the soldiers, by hundreds, where said sums were paid.[47]

=II. Where Conscription Officers Appropriate the Property of those they call to Arms.=

If the conscription officers of the army, when they summon the Goths to arms, should take anything from any person, or should presume to seize, against his will, any of his property, in his presence, or while he is absent, and this fact should be established in court, the offender shall be forced to restore said property elevenfold, and shall receive a hundred lashes in the presence of his assembled command.

=ANCIENT LAW.=

=III. Where an Officer of the Army Abandons the War, and Returns Home, or Permits Others to do so.=

Where a centurion deserts, in the face of the enemy, and returns home, he shall be beheaded. If, however, he should seek sanctuary at the altar, or with the bishop, he shall pay three hundred _solidi_ to the governor of the city, and shall not be liable to the penalty of death. The governor of the city shall then notify the king of the occurrence, and the above mentioned _solidi_ shall be divided among the soldiers under the command of said centurion. The latter shall not thereafter be entitled to the command of a hundred men, under any circumstances; but he may be appointed to the command of ten. Where a centurion, without the consent of the general, or of any of his superior officers, and induced by a bribe, or persuaded by the entreaty of any of his soldiers, permits said soldiers to return home, or releases them from service in the army, he shall be compelled to pay to the governor of the city where he was at the time, ninefold the amount he corruptly received; and, as has been hereinbefore stated, said governor shall, at once, give notice to the king; in order that the fine paid to said officer may, under our direction, be divided among the soldiers of his command. But if a centurion, without receiving any bribe, should permit a soldier to return home, he shall pay to the governor of the city ten _solidi_, as above mentioned.

=ANCIENT LAW.=

=IV. Where an Officer of the Army, Deserting the Service, Returns Home, or Compels Others to do so.=

If a decurion should leave his command and return to his home, or should refuse to leave his home and join the army, while he is in good health, he shall pay ten _solidi_ to the governor of the city. And if he should permit anyone else to leave the army, he shall pay five _solidi_ to the governor of the city; and said governor shall inform us of the fact, that, under our direction, said sum may be divided among the members of the command of said decurion. If a soldier, without the permission of any of his officers, should desert the army, and return home, or should refuse to leave his home in order to be enrolled in the forces of the king, he shall pay ten _solidi_, and shall be publicly scourged in the market-place.

=ANCIENT LAW.=

=V. Where a Conscription Officer Receives a Bribe to Permit Soldiers who are not Ill, to Remain at Home.=

Where any conscription officer accepts anything from any person, to release him from military service, he shall be compelled to pay to the governor of the city, ninefold the amount which he accepted; and where he neglects to enroll a person in the army, who was in good health at the time, even though he accepted no bribe from him, he shall be compelled to pay five _solidi_ to the governor of the city. The commander of a thousand men shall make diligent inquiry by his centurions, and the centurions by their decurions, and if it should be ascertained that anyone was released from the service, either through bribery, or entreaty, or, remaining at home, refused to join the army, the _tiuphadus_ shall then notify the lieutenant-general who, in his turn, must write to the governor in whose jurisdiction the offence was committed, in order that the latter may enforce the law provided in such cases; and said governor, as soon as they are collected, shall deliver all sums received as penalties to the officers entitled to receive the same. And if said governor should receive said penalties and appropriate them, or not surrender the same, he shall restore ninefold the amount which he received; and if, through the bribery or entreaty of anyone, he should delay to pay over any of said sums, he shall be compelled, out of his own property, to pay double the amount, to those among whom they should have been divided. If, after the collection of said penalties, he should not notify the king, in order that the latter may provide for their proper distribution, and should not surrender them, he shall be compelled to pay elevenfold the amount, by way of reparation.

=ANCIENT LAW.=

=VI. Concerning those who Appropriate Army Rations, or are Guilty of Fraud in the Distribution of the Same.=

We deem it advisable that, in every province and castle, some one shall be appointed as a collector of provisions, for the use of the army; and said collector, whether he be the governor of a city, or not, shall at once deliver all provisions collected by him in his district, to those who are entitled to receive the same. If it should happen, however, that the governor of the city, or the collector, should delay to deliver them, either because through his negligence, he has not taken possession of them, or because of his unwillingness to do so, the officers of the army may lodge a complaint against him on account of his refusal to deliver said provisions to those charged with their distribution. The general of the army shall then give notice to the king, and the days which have elapsed since said provisions should have been delivered shall be computed. Said governor of the city, or collector of provisions, shall then be compelled to pay from his own property, four times the value of said provisions, for each day lost by his neglect. We hereby decree that a similar rule shall apply to all officers of the army who are charged with such duties.

=ANCIENT LAW.=

=VII. What Reward he who Rescues Slaves, or Property, from the Possession of the Enemy, shall be Entitled to.=

Where any person makes a desperate attack upon the enemy, in order to rescue slaves, or money, or any other kind of property, and the owner of said property subsequently appears, and establishes his ownership of the same, two thirds of said property shall be restored to the owner, and he who recovered it shall be entitled to the other third for his services. In like manner, if any person should induce a slave to desert from the enemy, and should assist said slave, or offer him protection, and should afterwards restore him to his master, said person shall be entitled to receive a tenth part of the value of the slave, as a reward.

=THE GLORIOUS FLAVIUS WAMBA, KING.=

=VIII. What Conduct shall be Pursued, when Public Scandal Arises within the Bounds of Spain.=

Our solicitude for our subjects induces us, as we have already made laws to suppress litigation, to promulgate other regulations for the maintenance of protection and safety in the presence of war. For peace is the more easily preserved, and the common benefit more readily secured, where every one is compelled to perform his duty; and this may be best accomplished when omissions in former laws are remedied by the enactment of others hereafter. For this reason we desire to abolish such evil customs as are injurious to the interests of our country, through the neglect or ill conduct of our subjects. For, whenever an enemy invades the provinces of our kingdom, the urgent necessity of defence imposes itself upon those who inhabit the border, and, at such times, many of them, induced by hatred, or through treachery, disappear; so that, by this means, there is no mutual support in battle; and, under such circumstances, he who ought to give his service in the defence of his country, deserts his brethren; or, on the other hand, should he attack the enemy with too great audacity, while not properly supported, he runs imminent risk of being destroyed. We therefore decree that from this time henceforth, if any enemy should attack our country, all of our subjects, whether they be bishops or other members of the clergy, generals, or governors, as well as other officials of every rank who are in the public service, and whether, at the time, they are near the frontier invaded by the enemy, or within a hundred miles of the same, as soon as the necessity shall arise, and they shall be notified by their generals, governors, or any other officers; or whether information of said invasion shall come to their notice from any other quarter whatsoever; if they do not hasten to the defence of their country and of our people, and do not assist in such defence with all their valor and ability; or, upon any fraudulent pretext, or with any false excuse, attempt to escape their responsibility, so that their assistance may be lacking to their brethren in the protection of their country, and the enemy, by reason of their want of co-operation, should commit any injury in any province of our kingdom, or reduce any of its inhabitants to captivity; anyone who thus, through delay, fear, malice, or lukewarmness, fails to exert himself, with all his power, against our enemies for national defence, if he be a priest, or belong to any sacerdotal order, and does not have the means to satisfy the damages incurred by the invasion of said enemy, he shall be exiled to such place as the king may select. This sentence shall be imposed only upon bishops, priests, and deacons. All other members of the clergy shall undergo the sentence elsewhere prescribed for the laity.

And we hereby decree if the offender should be of noble rank, or of inferior station, that he shall forfeit his dignity and freedom, be reduced to slavery, and become the absolute property of whomever the king may select. For it is but just that he who neglects to defend the nobility of his race and maintain the integrity of his country, from whence he derives the dignity of his family, should receive this sentence; since he is both degenerate and useless, who openly refuses to defend the honor and possessions he derived from his ancestors. And, concerning the property of such transgressors, laity, and clergy, alike, who are inferior in rank, we decree as follows: that whoever, hereafter, commits such offences, shall render satisfaction for all damages done to our country, or to its people; and that, as a just punishment, those shall lose their dignity and honor, who, induced by malice or timidity, did not repel the attacking enemy, nor boldly showed themselves in the ranks of the national defenders.

Where any scandal arises within the limits of Spain, Gaul, Galicia, or in any other province of our kingdom, and said scandal affects, in any way, any of our subjects, or our government, or that of any of our successors, as soon as said scandal shall become public in the neighborhood, and anyone shall be especially notified of the same by any priest, clerk, general, governor, _tiuphadus_, deputy, or any other person, as elsewhere specified; and he does not straightway come to the defence of his king, his people, and his country, against whom said scandal has been circulated, and should not use all his efforts for the suppression of the same; if the party who is implicated in this infamous offence should be a bishop or any member of a clerical order, or a palatine or a noble of whatever rank, or a person of inferior station, he shall not only be sent into exile, but whatever property he is deprived of by judicial sentence, shall be given to the king.[48]

All persons, however, shall be exempt from the operations of this law, who are incapacitated by disease, or infirmity, from lending their aid to our faithful subjects as hereinbefore stated. Such persons as are prevented from actively exerting themselves as aforesaid, must, to the best of their ability, employ their power in aid of the bishops, clergy, and their brethren, and use their influence to the utmost in behalf of the royal dignity, and in the interest of their fellow citizens, and of their country; and, should they not do this, they shall be liable to the same penalties as actual transgressors. No person shall be liable to punishment, however, who can prove by a competent witness that he was prevented by illness, and was not able to afford assistance. We promulgate this law to abolish a vicious custom which has come down from former times, and deserves to be visited with severe legal censure, and to the end that unanimous concord may establish the peace of our people, and the defence of our country.

Given and confirmed on the Kalends of November, in the second year of our happy reign.

=THE GLORIOUS FLAVIUS WAMBA, KING.=

=IX. Concerning Those who Fail to Enlist at the Appointed Time or Place, or Desert; and What Proportion of the Slaves Belonging to any Person shall Join the Army.=

If those are designated lovers of their country who boldly throw themselves in the face of danger for its protection, should not such as refuse to defend it be classed as deserters? For as we believe that the former voluntarily desire to save their country, others who, when notified, do not exert themselves in its defence, and either delay to join the army, or, what is worse, after having been notified, choose to remain at home, or enter the ranks without arms or equipments; while some desirous of carrying on their work, conceal the great number of slaves they possess, and, for their own profit and safety, do not bring the twentieth part of the latter with them, desiring rather to preserve their crops than the bodies of their slaves, and, while they protect their property, leave themselves unprotected; thus showing greater diligence in the care of their possessions, than experience in arms, in order that, if they should prove victorious, they may have the more wealth to enjoy. Punishment must, therefore, be provided for such persons, since they disregard their duties to the state. Therefore, we order all subjects under our government to observe the following decree, to wit: that whenever the king shall issue an order for anyone to join the army, upon a certain day or date, or when he shall direct any of his generals or commanders to carry out any object for the public benefit, whoever receives such an order, or where he does not receive it in person, should be aware that it had been issued, or learns from any source, in what place the army is to assemble, shall make no delay, nor proffer any excuse whatever; but every such person shall present himself at the appointed place and time, as ordered by the king, general, commander, deputy, or any other official, invested with authority. Where anyone having thus been notified, or even if he has not been notified, but has received information, in any way, of the situation of the army, should be unwilling to march; or should neglect to present himself at the appointed time; if he is a person of high rank, that is to say, a general, governor, or any other officer of importance, he shall be deprived of all his property, and be driven into exile, by order of the king, and his confiscated possessions shall be at the absolute disposal of the latter. Where persons of inferior rank, as, for instance, commanders of a thousand men, recruiting officers, and all conscripts, delay to join the army, or neglect to report at the appointed time and place; or fail to march; or withdraw, under any fraudulent pretext, from military service; they shall not only each receive two hundred lashes, but shall also be scalped, and shall each forfeit a pound of gold to the king. And, should any of them not be possessed of the necessary amount, the king may then reduce said offender to perpetual slavery, and dispose of his property at his pleasure.

We decree, however, that those shall not be subject to punishment under this law, who have been freed from its operation by the royal order, or are exempt by being minors, or are incapacitated by age or sickness. If a person who is disabled by illness, should be able to prove, by a competent witness that, for this reason, he was unable to march with the army, he must devote such of his property as he can spare to the public benefit.

As we have already made provision concerning the general co-operation of all persons, we must now provide for money and supplies. Therefore, we hereby decree, that whenever anyone, whether he be general, count, or _gardingus_,[49] Goth, or Roman, freeman or manumitted slave, or any serf attached to the service of the Crown, joins the army, he shall bring the tenth of his slaves with him; and in order that said slaves may not come unarmed, but may be provided with the proper weapons, whoever brings them must furnish a part of them with suitable armor, and the greater portion must be provided with shields, two-edged swords, lances, bows and arrows, slings, and other arms, and he who brings them must parade them, armed in this manner, before the king, general, or commander-in-chief. Where anyone brings with him to the army less than the tenth part of his slaves, an estimate shall be made of the entire number of the latter, and whatever portion of the tenth part aforesaid is found lacking, shall be delivered to the king, to become his property, and be disposed of at his pleasure. And wherever anyone, who holds an office in the palace, shall so conduct himself in the army, as not to use every effort in the service of his prince, or properly perform his military duties, along with his fellow soldiers; he shall be liable to the penalty of this law, except where his manifest weakness shall disclose the fact that he is incapacitated by illness. And if anyone, who has already joined the army, and ought to have followed a duke, or count, or patron, should delay, for any reason, and not appear on duty under his commander, or should not exhibit proper zeal for the public service, his rank shall not be taken into consideration, but he shall be liable to the penalty hereinbefore provided, concerning persons of inferior station.

The matters aforesaid having been settled and determined, it now remains to place restraints upon the avarice of those who are summoned to military service. Therefore, no governor of a province, governor of a city, commander of a thousand men, or anyone charged with the duty of governing the people, shall excuse any of our subjects from military duty, for the sake of a bribe, or for any other inducement whatever; or shall suffer orders, made on the march, to be contested, or the regulation concerning the providing of arms to be disregarded. Whoever is guilty of any of the offences aforesaid, and, for any cause, accepts a gift from any person, or exacts a contribution of any kind from a soldier or anyone else; if he is of high rank among the officers of the palace, shall pay fourfold the amount received, to him from whom he accepted it, and shall give a pound of gold to the king, on account of his presumption. Persons of inferior rank shall be deprived of their honor and dignity, shall be delivered up to the king, and be placed absolutely in his power, to be disposed of as he may direct.

TITLE III. CONCERNING THOSE WHO SEEK SANCTUARY IN A CHURCH.

=I.= _No One, Claiming the Privilege of Sanctuary in a Church,
shall be Taken from Thence by Force, Unless he Defends
himself with Arms._

=II.= _Where a Person Seeks Sanctuary in a Church, and is Killed,
while Defending himself with Arms._

=III.= _Concerning the Penalty for Removing a Man from a Church
by Force._

=IV.= _A Debtor, or a Criminal, Cannot be Forcibly Removed from
a Church, and must Pay such Debts, or Penalties, as are
Due._

=I. No One, Claiming the Privilege of Sanctuary in a Church, shall be Taken from Thence by Force, Unless he Defends himself with Arms.=

No one shall dare to remove, by force, any person who has sought sanctuary in a church unless said person should attempt to defend himself with arms.

=II. Where a Person Seeks Sanctuary in a Church, and is Killed, while Defending himself with Arms.=

Where anyone takes refuge at the door of a church, and does not lay down his arms, and is killed; the person who struck him shall be liable to no penalty or reproach therefor.

=III. Concerning the Penalty for Removing a Man from a Church by Force.=

Where anyone removes his slave or a debtor from a church, or the altar where he sought sanctuary, without the consent of a priest, or of some other ecclesiastic who has charge of said church; as soon as the fact has been brought to the notice of the judge, if he is a person of high rank, said offender shall be compelled to pay a hundred _solidi_ to the church which sustained the injury. A person of inferior station shall pay thirty _solidi_, and if he should not have the means to do so, he shall be arrested by the judge, and receive a hundred lashes in public. The master shall then regain possession of his slave, and the debtor shall be surrendered to his creditor.

=IV. A Debtor, or a Criminal, Cannot be Forcibly Removed from a Church, and must Pay such Debts, or Penalties, as are Due.=

No one shall presume to seize a person who seeks sanctuary in a church, or at its doors; but he may petition a priest or a deacon to restore said person to him; and if a debtor or a criminal takes refuge there, and he should not be liable to the penalty of death, the ecclesiastic in charge of the church may interpose his good offices, and request that said party be pardoned or discharged. If a debtor should take refuge in a church, the church shall have no right to protect him, but the priest or deacon must surrender him, without delay, with the admonition that his creditor shall neither injure nor bind him who claimed the right of asylum; and the creditor must state, in the presence of said priest or deacon, within what time he shall expect the payment of the debt. Because the intervention of the church may be invoked for purposes of mercy, is no reason why persons should be deprived of their property. The laws relating to homicides and other malefactors are set forth under their respective titles.