Arrius Menander, On Military Affairs, Book V. Where anyone institutes proceedings to obtain his freedom, and enlists in the army before a decision is rendered, he should be held to occupy the same position as other slaves, and he will not be relieved because, in some respects, he is considered as free. And, although he may have appeared to be free, he can be dishonorably discharged, that is, dismissed from the army, and driven from the camp as one who demanded freedom while in slavery, or who was at liberty through fraud. But anyone who has been falsely and maliciously claimed as a slave shall be retained in the service. 1Where anyone who has been judicially declared freeborn enlists in the army, and the decision is reversed within five years, he shall be returned to his new master.

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.

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.

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.

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.

Arrius Menander, On Military Affairs, Book III. Veterans, among other privileges, have one relating to their offences, namely, that they are distinguished from other persons with reference to the penalties imposed upon them; therefore a veteran is neither thrown to wild beasts, nor beaten with rods.