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.