restricted access 16. MILITARY LAW
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BOOK FORTY-NINEIMILITARY LAW MILITARY LAW 1 ULPIAN,Edict, book 6: A soldier who is on leave is not seen as being absent on state business. 2 ARRIUSMENANDER, Military Law, book 1: Soldiers' crimes or offenses are either peculiar or common to other men; and accordingly, their prosecution is either peculiar or common. A peculiar military crime is one which a man commits in his capacity as a soldier. 1. It is reckoned a serious offense for a man, who may not lawfully do so, to enlist as a soldier; and [the seriousness] is increased, as with other crimes, by the status, the rank, and the type of service. 3 MODESTINUS, Punishments, book 4: The provincial governor, after giving a deserter a hearing , shall send him to [his]commanding officer with a written statement, except in the case where that deserter commits some more serious offense in the province in which he was found; for the deified Severus and Antoninus wrote in a rescript that he ought to be inflicted with punishment in the place where his misdeed was committed. 1. Soldiers' punishments are of such kinds as these: reprimand, money fine, imposition of duties, change of branch of the service, reduction in military rank, dishonorable discharge. For [soldiers] shall not be handed over to the mines or to the opus metalli, nor are they tortured. 2. A soldier absent without leave is one who, after absence for rather a long time, makes his own way back to camp. 3. A deserter is one who, after absence for a prolonged period, is brought back. 4. He who absents himself on reconnaissance in the face of the enemy, or who retreats from an entrenchment, should suffer capital punishment . 5. A man who abandons his post of duty is more than one absent without leave; therefore, he is corporally punished or reduced in rank according to the seriousness of his offense. 6. If anyone should abandon his guard duty over the governor or any superior officer, he shall suffer [the penalty for] the crime of desertion. 7. If anyone does not come back on the last day of his leave, he is to be punished, just as if he had gone absent without leave or had deserted, according to the length of time [hehas been away]; [but this] after he has first been given the opportunity to show whether he has by ill-luck been delayed by various accidents on account of which he may appear to deserve pardon. 8. A man who has completed the term of his military service in desertion is deprived of his pension. 9. If a number of men together first desert and then return within a set period, they should be reduced in rank and posted to separate stations. New recruits, however, should be pardoned; but if they again commit this offense, they are visited with an appropriate punishment. 10. A man who has deserted to the enemy and has returned shall be tortured and condemned to the beasts or to the gallows, although soldiers suffer none of these [punishments]. 11. A man who intends to desert to the enemy and is caught suffers capital punishment . 12. However, if anyone is captured unexpectedly by the enemy while in the course of making a journey, then after the conduct of his previous [military]life has been examined he shall be granted pardon, and if he should return after the expiry of his term of service, he shall be restored to the status of a veteran and shall receive his pension. 13. A soldier who has lost or disposed of his weapons in wartime suffers capital punishment; by indulgence, he changes his branch of the service. 14. Anyone who has stolen another's weapons is to be reduced in rank. 15. In wartime anyone who has done something forbidden by his commanding officer or has not obeyed his orders suffers capital punishment, even if his action is successful. 16. However, a man who has fallen out of line is normally either beaten with rods or changes his branch of service according to the circumstances. 17. Also anyone who climbs over the ramparts or enters camp over the wall suffers capital punishment. 18. If, indeed, anyone has jumped over thefossa, he is discharged from the army. 19. The man who has incited severe unrest among the soldiers suffers capital punishment. 20. If the disorder stirred up was confined to a noisy argument or a trivial complaint, then he is...


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