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
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