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.