De re militari
(Concerning military affairs.)
1 Ulpianus libro sexto ad edictum. Miles, qui in commeatu agit, non videtur rei publicae causa abesse.
1 Ulpianus, On the Edict, Book VI. A soldier who is on furlough is not considered to be absent on business for the State.
2 Arrius Menander libro primo de re militari. Militum delicta sive admissa aut propria sunt aut cum ceteris communia: unde et persecutio aut propria aut communis est. proprium militare est delictum, quod quis uti miles admittit. 1Dare se militem, cui non licet, grave crimen habetur: et augetur, ut in ceteris delictis, dignitate gradu specie militiae.
2 Arrius Menander, On Military Affairs, Book I. Offences committed by soldiers are either special or common to other persons, therefore their prosecution is either special or general. A purely military offence is one which a man commits as a soldier. 1It is considered a serious crime for anyone to enlist as a soldier who is not permitted to do so, and its gravity is increased, as in the case of others, by the dignity, the rank, and the branch of the service.
3 Modestinus libro quarto de poenis. Desertorem auditum ad suum ducem cum elogio praeses mittet, praeterquam si quid gravius ille desertor in ea provincia, in qua repertus est, admiserit: ibi enim eum plecti poena debere, ubi facinus admissum est, divi Severus et Antoninus rescripserunt. 1Poenae militum huiuscemodi sunt: castigatio, pecuniaria multa, munerum indictio, militiae mutatio, gradus deiectio, ignominiosa missio. nam in metallum aut in opus metalli non dabuntur nec torquentur. 2Emansor est, qui diu vagatus ad castra regreditur. 3Desertor est, qui per prolixum tempus vagatus reducitur. 4Is, qui exploratione emanet hostibus insistentibus aut qui a fossato recedit, capite puniendus est. 5Qui stationis munus relinquit, plus quam emansor est: itaque pro modo delicti aut castigatur aut gradu militiae deicitur. 6Si praesidis vel cuiusvis praepositi ab excubatione quis desistat, peccatum desertionis subibit. 7Si ad diem commeatus quis non veniat, perinde in eum statuendum est, ac si emansisset vel deseruisset, pro numero temporis, facta prius copia docendi, num forte casibus quibusdam detentus sit, propter quos venia dignus videatur. 8Qui militiae tempus in desertione implevit, emerito privatur. 9Si plures simul primo deseruerint, deinde intra certum tempus reversi sint, gradu pulsi in diversa loca distribuendi sunt. sed tironibus parcendum est: qui si iterato hoc admiserint, poena competenti adficiuntur. 10Is, qui ad hostem confugit et rediit, torquebitur ad bestiasque vel in furcam damnabitur, quamvis milites nihil eorum patiantur. 11Et is, qui volens transfugere adprehensus est, capite punitur. 12Sed si ex improviso, dum iter quis facit, capitur ab hostibus, inspecto vitae eius praecedentis actu venia ei dabitur, et, si expleto tempore militiae redeat, ut veteranus restituetur et emerita accipiet. 13Miles, qui in bello arma amisit vel alienavit, capite punitur: humane militiam mutat. 14Qui aliena arma subripuit, gradu militiae pellendus est. 15In bello qui rem a duce prohibitam fecit aut mandata non servavit, capite punitur, etiamsi res bene gesserit. 16Sed qui agmen excessit, ex causa vel fustibus caeditur vel mutare militiam solet. 17Nec non et si vallum quis transcendat aut per murum castra ingrediatur, capite punitur. 18Si vero quis fossam transiluit, militia reicitur. 19Qui seditionem atrocem militum concitavit, capite punitur: 20Si intra vociferationem aut levem querellam seditio mota est, tunc gradu militia deicitur. 21Et cum multi milites in aliquod flagitium conspirent vel si legio deficiat, avocari militia solent. 22Qui praepositum suum protegere noluerunt vel deseruerunt, occiso eo capite puniuntur.
3 Modestinus, Concerning Punishments, Book IV. The Governor of a province shall send back a deserter to his own commander, after he has been heard, with a report, unless the deserter has committed some serious offence in the province in which he was found; for the Divine Severus and Antoninus stated in a Rescript that the penalty should be inflicted upon him in the place where he perpetrated the crime. 1Military punishments are of the following kinds: namely, castigation, fines, the imposition of additional duties, transfer to another branch of the service, degradation from rank, and dishonorable discharge; for soldiers are neither condemned to labor in the mines nor subjected to torture. 2A vagabond is one who having wandered for a long time, voluntarily returns to the camp. 3A deserter is one who, after having been absent for some time, is brought back. 4He who leaves the army for the purpose of scouting in the presence of the enemy, or who goes beyond the ditch surrounding the camp, shall be punished with death. 5He who abandons the post to which he has been assigned commits a greater offence than a vagabond; and he is therefore either punished in proportion to the gravity of his crime, or is deprived of his rank. 6He who leaves while performing the duty of sentinel for the Governor of a province, or any commander whomsoever, is guilty of the crime of desertion. 7When a soldier does not return on the day when his furlough expires, he must be treated as if he had wandered away, or deserted, according to the time he has been absent. He should, however, be given the opportunity of showing that he has been detained by accident, on acount of which he may appear to be excusable. 8Anyone who remains a deserter for the entire time of his service is deprived of the privileges of a veteran. 9If several soldiers desert simultaneously, and return within a certain time; after having been reduced in rank, they shall be distributed in different places, but indulgence should be shown to new recruits. If, however, they repeat the offence, they shall undergo the prescribed punishment. 10He who escapes to the enemy and returns shall be tortured, and sentenced to be thrown to wild beasts, or to the gallows, although soldiers are not liable to either of these penalties. 11He who, intending to escape, is caught, is punished with death. 12But where a soldier is captured by the enemy unexpectedly, while he is on a journey, he shall be granted pardon after the conduct of his former life has been investigated; and if he returns to the army after his term of service has expired, he shall be restored as a veteran, and shall be entitled to the privileges which veterans enjoy. 13A soldier who has lost his arms in time of war, or has sold them, is punished with death, and it is only through indulgence that he may be transferred to another branch of the service. 14Anyone who steals the arms of another should be degraded from his rank in the army. 15He who, in time of war, does something which has been forbidden by his commander, or does not obey his orders, is punished with death; even if the transaction was brought to a successful conclusion. 16He, however, who leaves the ranks, shall, according to circumstances, be beaten with rods, or compelled to change his branch of the service. 17When anyone crosses the intrenchments of the camp, or returns to it by the wall, he is punished with death. 18Anyone who leaps over the ditch shall be dismissed from the army. 19He who excites a violent sedition among the soldiers is punished with death. 20Where a tumult attended with clamor or moderate complaints arises, the soldier will then be degraded from his rank. 21When several soldiers conspire to commit some crime, or where a legion revolts, it is customary for them to be disbanded. 22Those who refuse to protect their commander, or abandon him, are punished with death if he should be killed.
4 Arrius Menander libro primo de re militari. Qui cum uno testiculo natus est quive amisit, iure militabit secundum divi Traiani rescriptum: nam et duces Sulla et Cotta memorantur eo habitu fuisse naturae. 1Ad bestias datus si profugit et militiae se dedit, quandoque inventus capite puniendus est: idemque observandum est in eo, qui legi se passus est. 2In insulam deportatus si effugiens militiae se dedit lectusve dissimulavit, capite puniendus est. 3Temporarium exilium voluntario militi insulae relegationem adsignat, dissimulatio perpetuum exilium. 4Ad tempus relegatus si expleto spatio fugae militem se dedit, causa damnationis quaerenda est, ut, si contineat infamiam perpetuam, idem observetur, si transactum de futuro sit et in ordinem redire potest et honores petere, militiae non prohibetur. 5Reus capitalis criminis voluntarius miles secundum divi Traiani rescriptum capite puniendus est, nec remittendus est eo, ubi reus postulatus est, sed, ut accedente causa militiae, audiendus: 6si dicta causa sit vel requirendus adnotatus, ignominia missus ad iudicem suum remittendus est nec recipiendus postea volens militare, licet fuerit absolutus. 7Adulterii vel aliquo iudicio publico damnati inter milites non sunt recipiendi. 8Non omnis, qui litem habuit et ideo militaverit, exauctorari iubetur, sed qui eo animo militiae se dedit, ut sub optentu militiae pretiosiorem se adversario faceret. nec tamen facile indulgendum, iudicationis qui negotium antehabuerunt: sed si in transactione reccidit, indulgendum est. exauctoratus eo nomine non utique infamis erit nec prohibendus lite finita militiae eiusdem ordinis se dare: alioquin et si relinquat litem vel transigat, retinendus est. 9Qui post desertionem in aliam militiam nomen dederunt legive passi sunt, imperator noster rescripsit et hos militariter puniendos. 10Gravius autem delictum est detrectare munus militiae quam adpetere: nam et qui ad dilectum olim non respondebant, ut proditores libertatis in servitutem redigebantur. sed mutato statu militiae recessum a capitis poena est, quia plerumque voluntario milite numeri supplentur. 11Qui filium suum subtrahit militiae belli tempore, exilio et bonorum parte multandus est: si in pace, fustibus caedi iubetur et requisitus iuvenis vel a patre postea exhibitus in deteriorem militiam dandus est: qui enim se sollicitavit ab alio, veniam non meretur. 12Eum, qui filium debilitavit dilectu per bellum indicto, ut inhabilis militiae sit, praeceptum divi Traiani deportavit. 13Edicta Germanici Caesaris militem desertorem faciebant, qui diu afuisset, ut is inter emansores haberetur. sed sive redeat quis et offerat se, sive deprehensus offeratur, poenam desertionis evitat: nec interest, cui se offerat vel a quo deprehendatur. 14Levius itaque delictum emansionis habetur, ut erronis in servis, desertionis gravius, ut in fugitivis. 15Examinantur autem causae semper emansionis et cur et ubi fuerit et quid egerit: et datur venia valetudini, affectioni parentium et adfinium, et si servum fugientem persecutus est vel si qua huiusmodi causa sit. sed et ignoranti adhuc disciplinam tironi ignoscitur.
4 Arrius Menander, On Military Affairs, Book I. He who is born with only one testicle, or has lost one by accident, can legally serve in the army, in accordance with the Rescript of the Divine Trajan; for both the Generals Sylla and Cotta are said to have been in this condition. 1Where anyone who has been condemned to be thrown to wild beasts enlists in the army, he shall be punished with death, whenever he is found. The same rule applies to one who permits himself to be enrolled. 2When anyone who has been deported to an island escapes, and enlists in the army; or, having been enrolled, conceals his condition, he must be punished with death. 3Temporary exile incurs the penalty of relegation to an island in the case of a soldier who voluntarily enlists, and concealment of his condition renders him liable to perpetual exile. 4Where a soldier has been relegated for a certain time, and then, after his term has expired, enlists, the cause of his conviction must be ascertained, and if it involves perpetual infamy, the same rule shall be observed. Where, however, a compromise has been made with reference to the future, he can re-enter the ranks, and is not forbidden to claim any military honors to which he may be entitled. 5When a volunteer is guilty of a capital crime, he must be punished with death, according to a Rescript of the Divine Trajan, and should not be sent back to the place where he was accused, but he ought to be tried as if he had committed a military offence, even though his case already may have been begun, or a warrant may have been issued for his arrest. 6If he is dishonorably discharged, he should be sent back to his judge; nor should he be accepted if he afterwards desires to serve in the army, even though he may have been acquitted. 7Persons who have been convicted of adultery, or any other public crime, should not be admitted into the army. 8Everyone who is involved in litigation, and enters the military service on this account, should not be ordered to be discharged from the army, but only he who enlisted with the intention of rendering himself, as a soldier, more formidable to his adversary. Those who have had a lawsuit previous to their enlistment should not readily be exculpated without an inquiry into the facts; and they should be excused if they have compromised it. A soldier who is dismissed from the service on this account does not, by any means, become infamous, nor, after his lawsuit has terminated, should he be prohibited from entering the same branch of the service; otherwise if he either abandons the suit, or compromises it, he should be retained. 9Those who, after desertion, voluntarily enlist, or permit themselves to be enrolled in another part of the army, should be punished by military law; as was stated by Our Emperor in a Rescript. 10It is a more serious offence to decline military service than to intrigue to obtain it. For formerly, those who did not answer the call to arms were reduced to servitude as traitors to liberty. But as the condition of the army has been changed, capital punishment in this instance has been abandoned, because, for the most part, the army is composed of volunteers. 11He who, in time of war, withdraws his son from the army, should be punished with exile and a loss of a part of his property; if he does this in time of peace, he is ordered to be whipped with rods; and if the young man who was conscripted is afterwards produced by his father he should be placed in an inferior corps, for he does not deserve pardon who allowed himself to be solicited by another. 12A Decree of the Divine Trajan sentenced to deportation a man who, in order that his son might be rendered incapable of military service, mutilated him after he had been conscripted for war. 13The Edicts of Germanicus Cæsar classed as a deserter one who had been absent long enough to be considered a vagabond, but whether he voluntarily returns and presents himself, or whether, having been caught, he is produced, he escapes the penalty of desertion; and it does not make any difference to whom he presents himself, or by whom he was seized. 14The offence of vagabondage is considered of less gravity than the same offence is in the case of slaves; and that of desertion is more serious, as it corresponds to the case of fugitive slaves. 15The reasons for vagabondage, however, are examined, and also why the soldier departed, and where he was, and what he did; and pardon is granted in case of absence caused by illness, or affection for relatives and connections, and also where the accused was pursuing a fugitive slave, or where some reason of this kind is given; and a new recruit, who was still unfamiliar with discipline, is also excused.
5 Idem libro secundo de re militari. Non omnes desertores similiter puniendi sunt, sed habetur et ordinis stipendiorum ratio, gradus militiae vel loci, muneris deserti et anteactae vitae: sed et numerus, si solus vel cum altero vel cum pluribus deseruit, aliudve quid crimen desertioni adiunxerit: item temporis, quo in desertione fuerit: et eorum, quae postea gesta fuerint. sed et si fuerit ultro reversus, non cum necessitudine, non erit eiusdem sortis. 1Qui in pace deseruit, eques gradu pellendus est, pedes militiam mutat. in bello idem admissum capite puniendum est. 2Qui desertioni aliud crimen adiungit, gravius puniendus est: et si furtum factum sit, veluti alia desertio habebitur: ut si plagium factum vel adgressura abigeatus vel quid simile accesserit. 3Desertor si in urbe inveniatur, capite puniri solet: alibi adprehensus ex prima desertione restitui potest, iterum deserendo capite puniendus est. 4Qui in desertione fuit, si se optulerit, ex indulgentia imperatoris nostri in insulam deportatus est. 5Qui captus, cum poterat redire, non rediit, pro transfuga habetur. item eum, qui in praesidio captus est, in eadem condicione esse certum est: si tamen ex improviso, dum iter facit aut epistulam fert, capiatur quis, veniam meretur. 6A barbaris remissos milites ita restitui oportere Hadrianus rescripsit, si probabunt se captos evasisse, non transfugisse. sed hoc licet liquido constare non possit, argumentis tamen cognoscendum est. et si bonus miles antea aestimatus fuit, prope est, ut adfirmationi eius credatur: si remansor aut neglegens suorum aut segnis aut extra contubernium agens, non credetur ei. 7Si post multum temporis redit qui ab hostibus captus est et captum eum, non transfugisse constiterit: ut veteranus erit restituendus et praemia et emeritum capit. 8Qui transfugit et postea multos latrones adprehendit et transfugas demonstravit, posse ei parci divus Hadrianus rescripsit: ei tamen pollicenti ea nihil permitti oportere.
5 The Same, On Military Affairs, Book II. All deserters should not be punished in the same way, but their rank, the amount of their pay, the place where they deserted, and their conduct previous to that time, should all be taken into account. The number of the offenders should also be considered, whether there was but one, or whether one deserted with another, or with several; or if he added some crime to desertion. The time during which the soldier was a deserter, and whatever occurred afterwards, should also be ascertained. If, however, he returned of his own accord, and without being compelled to do so, his fate will be different. 1If a cavalry soldier deserts in time of peace, he shall be degraded from his rank, and a foot soldier must change the corps in which he serves. An offence of this kind committed in time of war should be punished with death. 2He who adds another crime to desertion must be punished more severely; and if he has committed theft, or kidnapping, or has attacked anyone, or has driven away cattle, or done anything else of this kind, it will be just as if he had been guilty of a second desertion. 3When a deserter is found in a city, it is usual for him to be punished with death; if he is caught elsewhere, he can be reinstated after a first desertion, but if he deserts a second time, he must be punished capitally. 4Anyone who has deserted, and presents himself, will be deported to an island by the indulgence of Our Emperor. 5He who has been captured and does not return when he is able to do so is considered a deserter. Likewise, it is certain that one who has been captured in one of our fortresses is in the same condition. Still, if anyone is captured unexpectedly while on a journey, or while carrying a letter, he deserves pardon. 6Hadrian stated in a Rescript that soldiers who had been returned by barbarians should be reinstated, where it was proved that after having been captured they had escaped, and had not fled to the enemy as deserters. But although this cannot positively be established, still it can be ascertained by sufficient evidence, and if the person in question had previously been considered a good soldier, his statements should almost absolutely be credited; but if he was a vagabond, or negligent in the performance of his duties, or lazy, or often left his tent, he should not be believed. 7When a soldier who had been captured by the enemy returns after a long time, and it is established that he was not a deserter, he should be reinstated as a veteran, and will be entitled to the rewards and privileges of one. 8The Divine Hadrian stated in a Rescript that a soldier who deserted and afterwards had seized several robbers, and detected other deserters, might be spared, but nothing should be promised to one who agreed to do anything of this kind.
6 Idem libro tertio de re militari. Omne delictum est militis, quod aliter, quam disciplina communis exigit, committitur: veluti segnitiae crimen vel contumaciae vel desidiae. 1Qui manus intulit praeposito, capite puniendus est. augetur autem petulantiae crimen dignitate praepositi. 2Contumacia omnis adversus ducem vel praesidem militis capite punienda est. 3Qui in acie prior fugam fecit, spectantibus militibus propter exemplum capite puniendus est. 4Exploratores, qui secreta nuntiaverunt hostibus, proditores sunt et capitis poenas luunt. 5Sed et caligatus, qui metu hostium languorem simulavit, in pari causa [ed. maior eis] <ed. minor eius> est. 6Si quis commilitonem vulneravit, si quidem lapide, militia reicitur, si gladio, capital admittit. 7Qui se vulneravit vel alias mortem sibi conscivit, imperator Hadrianus rescripsit, ut modus eius rei statutus sit, ut, si impatientia doloris aut taedio vitae aut morbo aut furore aut pudore mori maluit, non animadvertatur in eum, sed ignominia mittatur, si nihil tale praetendat, capite puniatur. per vinum aut lasciviam lapsis capitalis poena remittenda est et militiae mutatio irroganda. 8Qui praepositum suum non protexit, cum posset, in pari causa factori habendus est: si resistere non potuit, parcendum ei. 9Sed et in eos, qui praefectum centuriae a latronibus circumventum deseruerunt, animadverti placuit.
6 The Same, On Military Affairs, Book V. A military crime is every offence committed against what is demanded by ordinary discipline, as, for instance, those of laziness, insubordination, and cowardice. 1Anyone who raises his hand against his commander shall be punished with death; and the crime of his audacity is increased in gravity by the rank of his superior officer. 2All disobedience of a general or the Governor of a province should be punished with death. 3He who was the first to take to flight in battle must be put to death in the presence of the soldiers, by way of example. 4Spies who have betrayed any secrets to the enemy are traitors, and should suffer the penalty of death. 5A private soldier is in the same condition, who pretends to be ill, through fear of the enemy. 6If anyone should wound a fellow-soldier, and this is done by means of a stone, he shall be expelled from the army; if it was done with a sword, he commits a capital crime. 7The Emperor Hadrian stated in a Rescript that when a soldier has wounded himself in an attempt at suicide, an investigation should be made of the case, and he should not be punished, but dishonorably discharged, if he had preferred to die because he was unable to bear pain, or was influenced by weariness of life, or by disease, insanity, or the fear of dishonor; and if he did not allege any of these things as an excuse, that he should be punished with death. Those who commit such an act as the result of indulgence in wine or debauchery should not be put to death, but should be sentenced to change their corps. 8Anyone who did not defend his superior in rank when he could have done so is in the same condition as if he had attacked him; but if he was unable to resist, he should be pardoned. 9It has been decided that those should be punished who abandoned their centurion when he was attacked by robbers.
7 Tarruntenus Paternus libro secundo de re militari. Proditores transfugae plerumque capite puniuntur et exauctorati torquentur: nam pro hoste, non pro milite habentur.
7 Tarruntenus Paternus, On Military Affairs, Book II. Traitors and deserters are generally tortured and punished with death, after having been discharged; for they are considered as enemies, and not as soldiers.
8 Ulpianus libro octavo disputationum. Qui status controversiam patiuntur, licet re vera liberi sunt, non debent per id tempus nomen militiae dare, maxime lite ordinata, sive ex libertate in servitutem sive contra petantur. nec hi quidem, qui ingenui bona fide serviunt: sed nec qui ab hostibus redempti sunt, priusquam se luant.
8 Ulpianus, Disputations, Book VIII. Those whose condition is in dispute, although, in fact, they may be free, should not enlist during the time that their status is undetermined, and especially during the trial of the case; whether an attempt is being made to reduce them to slavery from freedom, or vice versa,. Nor can those who are freeborn and who are serving in good faith as slaves, nor persons who have been ransomed from the enemy, before they have paid the amount of their ransom, enlist in the army.
9 Marcianus libro tertio institutionum. Milites prohibentur praedia comparare in his provinciis, in quibus militant, praeterquam si paterna eorum fiscus distrahat: nam hanc speciem Severus et Antoninus remiserunt. sed et stipendiis impletis emere permittuntur. fisco autem vindicatur praedium illicite comparatum, si delatus fuerit. sed et si nondum delata causa stipendia impleta sint vel missio contigerit, delationi locus non est. 1Milites si heredes extiterint, possidere ibi praedia non prohibentur.
9 Marcianus, Institutes, Book II. Soldiers are forbidden to purchase land in the provinces in which they serve, except where property of their parents is sold by the Treasury; for Severus and Antoninus made an exception under such circumstances. They are, however, permitted to make such purchases when their terms of service have expired. Where land is unlawfully purchased, it is confiscated to the Treasury, if information of the fact is given, but there will be no ground for such information if it is not given until the term of service has expired, or the soldier has been discharged. 1When soldiers are heirs, they are not forbidden to have possession of land where they are serving.
11 Marcianus, Rules, Book II. Slaves are forbidden every kind of military service, under penalty of death.
12 Macer libro primo de re militari. Officium regentis exercitum non tantum in danda, sed etiam in observanda disciplina constitit. 1Paternus quoque scripsit debere eum, qui se meminerit armato praeesse, parcissime commeatum dare, equum militarem extra provinciam duci non permittere, ad opus privatum piscatum venatum militem non mittere. nam in disciplina Augusti ita cavetur: ‘Etsi scio fabrilibus operibus exerceri milites non esse alienum, vereor tamen, si quicquam permisero, quod in usum meum aut tuum fiat, ne modus in ea re non adhibeatur, qui mihi sit tolerandus’. 2Officium tribunorum est vel eorum, qui exercitui praesunt, milites in castris continere, ad exercitationem producere, claves portarum suscipere, vigilias interdum circumire, frumentationibus commilitonum interesse, frumentum probare, mensorum fraudem coercere, delicta secundum suae auctoritatis modum castigare, principiis frequenter interesse, querellas commilitonum audire, valetudinarios inspicere.
12 Macer, On Military Affairs, Book I. The duty of the commander of an army consists not only in enforcing discipline, but also in observing it. 1Paternus says that he who commands an army should remember to grant furloughs very sparingly, and not to permit a horse belonging to the military service to be taken out of the province where the soldiers are; and not to send a soldier to perform any private labor, or to fish or hunt; for this is laid down in the rules of discipline prescribed by Augustus. Although I know that it is not unlawful for soldiers to perform mechanical labor, still, I fear if I should allow any act to be performed for my benefit, or for yours, this would not be done in a way which would be tolerated by me. 2It is the duty of the tribunes, or of those who command the army, to confine the soldiers in camps; to compel them to go through their exercises; to keep the keys of the gates; sometimes to make the rounds of the watch; to oversee the distribution of grain; to test it to prevent fraud from being committed by those who measure it; to punish offences according to their authority; to be frequently present at headquarters to hear the complaints of their fellow-soldiers; and to inspect those who are ill.
13 Idem libro secundo de re militari. Milites agrum comparare prohibentur in ea provincia, in qua bellica opera peragunt, scilicet ne studio culturae militia sua avocentur. et ideo domum comparare non prohibentur. sed et agros in alia provincia comparare possunt. ceterum in ea provincia, in quam propter proelii causam venerunt, ne sub alieno quidem nomine eis agrum comparare licet: alioquin fisco vindicabitur. 1Is autem, qui contra disciplinam agrum comparaverit, si nulla de ea re quaestione mota missionem acceperit, inquietari prohibetur. 2Illud constat huius praescriptionis commodum ad eos, qui ignominiae causa missi sunt, non pertinere, quod praemii loco veteranis concessum intellegitur: et ideo et ad eum, qui causaria missus est, potest dici pertinere, cum huic quoque praemium praestatur. 3Missionum generales causae sunt tres: honesta causaria ignominiosa. honesta est, quae tempore militiae impleto datur: causaria, cum quis vitio animi vel corporis minus idoneus militiae renuntiatur: ignominiosa causa est, cum quis propter delictum sacramento solvitur. et is, qui ignominia missus est, neque Romae neque in sacro comitatu agere potest. et si sine ignominiae mentione missi sunt, nihilo minus ignominia missi intelleguntur. 4Inreverens miles non tantum a tribuno vel centurione, sed etiam a principali coercendus est. nam eum, qui centurioni castigare se volenti restiterit, veteres notaverunt: si vitem tenuit, militiam mutat: si ex industria fregit vel manum centurioni intulit, capite punitur. 5Eius fugam, qui, cum sub custodia vel in carcere esset discesserit, in numero desertorum non computandam Menander scripsit, quia custodiae refuga, non militiae desertor est. eum tamen, qui carcere effracto fugerit, etiamsi ante non deseruerit, capite puniendum Paulus scripsit. 6Desertorem, qui a patre suo fuerat oblatus, in deteriorem militiam divus Pius dari iussit, ne videatur, inquit, pater ad supplicium filium optulisse. item divus Severus et Antoninus eum, qui post quinquennium desertionis se optulit, deportari iusserunt. quod exemplum et in ceteris sequi nos debere Menander scripsit.
13 The Same, On Military Affairs, Book II. Soldiers are forbidden to purchase land in the province in which they are carrying on warlike operations, for fear that, through the desire of cultivating the soil, they may be withdrawn from military service, and therefore they are not forbidden to purchase houses. They can, however, buy land in another province, but they are not allowed to do so, even in the name of another or in the one to which they have come for the purpose of battle; otherwise, the land will be confiscated by the Treasury. 1He who purchases land contrary to the rule of military discipline cannot be molested if he has received his discharge before any action has been taken with reference to his purchase. 2It is established that soldiers who have been dishonorably discharged have no right to the benefit of this provision, as it is understood to have been granted to veterans as a reward; and therefore it may be said to apply to those who have been discharged for some good reason, because they also are entitled to rewards. 3There are three general kinds of discharges, namely, those which are honorable, those which are for some cause, and those which are ignominious. An honorable discharge is one which is granted after the term of military service has expired. A discharge for cause is where anyone is dismissed because he has become incapable of military duty, through some defect of mind or body. An ignominious discharge is where a soldier is released from his military oath, on account of the commission of a crime. Anyone who has been ignominiously discharged can neither remain at Rome, nor in the Imperial household. When soldiers are discharged without any mention of disgrace, they can still be understood to have been dishonorably discharged. 4A soldier who is guilty of disrespect should be punished, not only by the tribune or the centurion, but also by the Emperor, for the ancients branded with infamy anyone who resisted a centurion who desired to chastise him. If he seizes the staff of the centurion, he must change his corps; if he breaks it on purpose, or raises his hand against the centurion, he is punished with death. 5Menander says that he who takes to flight while under guard or in prison should not be considered a deserter, because he has escaped from custody, and is not a deserter from the army. Paulus says that he who breaks out of prison, even if he has not previously deserted, should be punished with death. 6The Divine Pius ordered a deserter, who had been produced by his father, to be placed in an inferior corps, in order to prevent his father from appearing to have surrendered him to undergo the extreme penalty. Likewise, the Divine Severus and Antoninus ordered a soldier to be deported who gave himself up after five years of desertion. Menander says that we should follow this example in the case of other deserters.
14 Paulus libro singulari de poenis militum. Qui commeatus spatium excessit, emansoris vel desertoris loco habendus est. habetur tamen ratio dierum, quibus tardius reversus est: item temporis navigationis vel itineris. et si se probet valetudine impeditum vel a latronibus detentum similive casu moram passum, dum non tardius a loco profectum se probet, quam ut occurrere posset intra commeatum, restituendus est. 1Arma alienasse grave crimen est et ea culpa desertioni exaequatur, utique si tota alienavit: sed et si partem eorum, nisi quod interest. nam si tibiale vel umerale alienavit, castigari verberibus debet, si vero loricam scutum galeam gladium, desertori similis est. tironi in hoc crimine facilius parcetur armorumque custodi plerumque ea culpa imputatur, si arma militi commisit non suo tempore.
14 Paulus, On Military Punishments. He who exceeds the time of his furlough is considered a vagabond, or a deserter. The number of days by which he has exceeded his leave of absence, when he returns, should be taken into consideration; as well as the time consumed by a sea voyage, or by his journey. If he proves that he was prevented by illness, or detained by robbers, or delayed by some reason of this kind, and shows that he had not departed from the place, where he was, too late to return within the time granted by his furlough, he should be restored to his rank. 1It is a serious crime for a soldier to sell his arms, and it is considered equal to that of desertion where he disposes of all of them, but if he only sells a portion, his punishment will depend upon what he sold. For if he sells the armor for his legs or shoulders, he shall be punished by scourging; if, however, he sells his breastplate, his shield, his helmet, and his sword, he resembles a deserter. A new recruit is more readily pardoned for this crime, and generally the custodian of the arms is to blame if he gave them to the soldier at an improper time.
15 Papinianus libro nono decimo responsorum. Ex causa desertionis notatus ac restitutus temporis, quod in desertione fuerit, impendiis expungitur. quod si ratio constiterit neque desertorem fuisse apparuerit, omnia stipendia citra temporis finem redduntur.
15 Papinianus, Opinions, Book XIX. A soldier who has been branded with infamy because of desertion, and reinstated, is deprived of his pay during the time of his desertion; because if he has a good excuse, and it appears that he was not a deserter, all his pay will be given him without deducting the time of his absence.
16 Paulus libro quinto sententiarum. Qui metu criminis, in quo iam reus fuerat postulatus, nomen militiae dedit, statim sacramento solvendus est. 1Miles turbator pacis capite punitur.