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.