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.