The most holy emperor justinian. Second edition

When, however, any merchants whom We have forbidden to enter the military service have already enlisted, We grant them permission to abandon their occupations and retain their rank in the army, being Well aware that if they afterwards engage in any mercantile transactions, they will be dismissed from the service. We wish any bankers

of this city, who have already enlisted, to remain in the army, as they should be permitted to do so if they abandon their business.

Therefore, after the promulgation of this law, all merchants shall be discharged from military service with the exception of those engaged in the fabrication of arms, who shall not be prohibited from pursuing their occupation, and shall still retain authority to transact business of this kind.

TITLE XXXVI.

CONCERNING MILITARY AFFAIRS.

1. The Emperor Antoninus.

You cannot, under the right of postliminium, legally demand your pay and your donations for the time during which you allege you were a captive in the hands of the enemy.

2. The Same Emperor.

If you have served for twenty years in the army, no degrading services can be imposed upon you.

3. The Emperor Augustus.

Soldiers who have been dishonorably discharged from the service are branded with infamy, and are not entitled to any honors which are ordinarily conferred upon men of good reputation. They shall, however, have the right to reside wherever they please, with the exception of places from which they are expressly excluded.

4. The Emperor Alexander.

My father, the Divine Marcus Antoninus, decreed that the property of deceased deserters should be confiscated.

5. The Emperor Gordian.

As you state that your sister's husband, after having been a deserter for seven years, was pardoned by Us, you have no right to ask that he should be considered as having been in the military service during that time. Hence, as We have pardoned him, he will be held to have served in the army, except while he was a deserter, and therefore he cannot collect his pay during the period of his desertion.

6. The Same Emperor.

When soldiers have been discharged on account of illness, it is not customary for them to be reinstated under the pretext that their health has been restored when they were not hastily dismissed, unless it is shown by the report of physicians, and after examination by a competent magistrate, that they have contracted some disease.

7. The Same Emperors.

You have no ground for apprehension that your reputation as a veteran will be injured because you have been guilty of some violation

of military law, especially as it has been decided that soldiers, after having been honorably discharged, cannot be branded with infamy for offences previously committed, even where these could be perpetrated by persons in civil life.

8. The Emperor Philip.

A soldier who has been discharged because of illness will suffer no loss of reputation.

9. The Emperor Constantine and the Caesar.

Where anyone, with malicious intent, affords an opportunity for barbarians to commit depredations against the Roman people, or if he should share the booty obtained by them in some other way, he shall be burned alive.

10. The Same Emperor.

Soldiers, who have been authorized by Us to have their families join them, shall only include their wives, children, and the slaves purchased with their peculium castrense, but not those registered in the Bureau of the Census, and Your Excellency shall see that this rule is complied with.

11. The Emperors Gratian, Valentinian, and Theodosius.

Neither tribunes, nor common soldiers, shall have the right to wander about, but shall remain with their standards in the barracks and other places allotted to them. If anyone should violate this law, which has been promulgated as necessary, a report shall immediately be made to Us with reference to the said soldiers or tribunes, by the Governor or the defender of the district, in order that the severest penalty may be inflicted upon them.

12. The Emperors Arcadius and Honorius.

As all the legions are encamped on the banks of the river, We, by way of precaution, decree that no one shall defile the waters of the stream, which are used for drinking purposes, by depositing any filth therein, and that no one shall violate public decency by washing horses while naked, but this shall be done in a lower part of the river, far from the sight of anyone.

13. The Same Emperors.

No soldier belonging to the Imperial bodyguard, at present stationed in this Capital, whether he is attached to a legion or to some other branch of the service, shall dare to engage in any other occupation, either in his own behalf, or for the benefit of someone else, without the consent of his commander; and whoever is convicted of an offence of this kind shall be discharged from the army and compelled to suffer the usual penalties. Those who are proved to have employed a soldier in any private undertaking shall be fined five pounds of gold. Where anyone, having been sent by his company, or by the tribune (for We

forbid this to be done under other circumstances) comes to Our Court, he must immediately present himself before the illustrious Counts having jurisdiction of such matters, and explain the cause of his journey, in order that he may receive a favorable answer, and speedily obtain permission to return. When the Governors of provinces ascertain that soldiers, having left their commands, are wandering about the country, they must cause them to be arrested and placed in custody until We can be notified and determine what should be done under the circumstances.

14. The Same Emperors.

We are unwilling for Our soldiers to be transferred from one corps to another. Therefore the counts and dukes to whom the duty of controlling the soldiers is entrusted are notified that not only are soldiers not allowed to be transferred from the corps appointed for the service of the Emperor or the palace to others, but that they, themselves, have no authority to permit soldiers belonging to the legions of the Emperor, or stationed in camps established on the frontiers, to be transferred to the command of either of them, unless the Emperor orders this to be done for reasons connected with the public welfare; because every soldier should have an opportunity to increase his reputation, not through intrigue, but by experiencing the hardships of the service.

If anyone should violate this law, he is hereby warned that a pound of gold will be exacted by way of fine for every soldier transferred in this manner.

15. The Emperor Leo to Aspar, General of the Army.

Soldiers who are armed and supported by the State ought to devote themselves to the public welfare alone, and not engage in the cultivation of the soil, the care of animals, or the pursuit of commerce, but should apply themselves exclusively to the performance of their military duties; and Your Highness must not hereafter permit them to concern themselves with any of the above-mentioned occupations, but order them to be constantly with the company to which they belong, so that they may be prepared for war by the daily exercise of arms.

If any military judge should, contrary to Our prohibition, cause a soldier to be employed on any private estate, or in any private houses, or in any other similar services, he is hereby notified that a fine of one pound of gold for every soldier so employed will immediately be imposed by way of fine upon him who violated this law, as well as upon the person who profited by the labor.

16. The Same Emperor to Dioscoms.

We forbid military men to perform civil duties, and if they should undertake anything of this kind, We decree that they shall at once be immediately dismissed from the army, and deprived of all privileges.

This law will render Our authority formidable to anyone who may rashly attempt to violate its salutary provisions.

17. The Emperor Zeno.

We do not permit anyone hereafter to enlist in a corps of cavalry or infantry on the frontier without first obtaining Our consent. By an ancient custom, which has prevailed up to the present time, permission was granted to magistrates or officers to examine those who desired to enlist, so that those only might serve on the frontiers who had been accepted by the Emperor. The distinguished generals of the army, as well as the other commanders, thought, however, that it was necessary to supply the places of those who were killed, and having made a careful investigation, We have resolved, at their suggestion, to determine what and how many soldiers shall be enlisted in each corps, and on each boundary, so that, finally, We have come to the conclusion that this snail be decided by casting lots.

It is part of the duty of the office of Your Highness to impose a fine of a hundred pounds of gold if this law, which We have promulgated, should, in any respect, be violated.

18. The Emperor Anastasius to John, General of the Army.

For the purpose of controlling the collectors of taxes and the inhabitants of the provinces, as well as soldiers, without subjecting them to any injury or expense, as far as this can be done, We have decided that it is necessary for all soldiers who are at present serving in the East to obey the orders of their illustrious commanders, so that when anything involving the common safety arises and must be attended to, the proper remedy may be applied by the military garrison stationed in the neighborhood; in other words, both civil and criminal cases which affect the soldiers aforesaid shall not be brought for hearing before the magistrate of highest authority in the East, but shall be determined by the tribunal of Your Highness, under whose jurisdiction they are, or by that of their own commanders.

(1) While it has been the custom, up to this time, for the opinions of Your Highness to be referred to the above-mentioned magistracy, established in the East, they must now be submitted to the illustrious commanders whom the civil magistrates and their assistants are required to recognize as judges, and whose orders they must be careful to obey. Permission shall not be refused to such a magistrate, or to his successor, to render a decision in cases where Your Highness cannot interpose your authority according to the rule which We have promulgated, and which properly come under the jurisdiction of the general-in-chief.

We also grant permission to the official who formerly had sole cognizance of these matters not only to have them investigated by his assistants, but to encourage the latter to aid one another, so that the examination of public and private causes, and even executions, shall not take place in their absence.

We do not consider it necessary to appoint attendants for each of these commanders, for fear that such a large number of individuals may cause some injury to Our soldiers.

(2) But in order that the public welfare, as well as that of our brave soldiers, may, in every respect be provided for, We think that the amount of sportulse should be reduced, and We order that the magistrates themselves shall not, either in criminal or civil cases, even if they are the result of public prosecutions, be permitted to exact more than one solidus from each individual, whether the soldiers are unwilling to pay, or voluntarily make the tender, so that if the entire corps or all the leaders are involved, only a double amount of fees shall be paid; for in instances of this kind We do not permit more than two of the principal defendants who have been mentioned at the institution of the proceedings to be sued, which is provided by the laws, when a syndic is nominated, as is customary.

(3) This provision having been added, the soldiers, or their syndics, as well as all those who incur expense by coming into court, cannot be forced to pay more than one solidus, which should be employed to compensate the magistrates and their assistants; and the latter shall not be permitted to exact any more, either personally or through the pious men who comply with the Ducian judgment or cause it to be obeyed; so that so far as the expenses of litigation are concerned, the same rule may be observed with reference to those who desire to bring actions against soldiers.

(4) It will depend upon the judgment and wisdom of the illustrious generals, according to the nature of the matter in dispute, or the amount which is demanded by their adversaries from the soldiers, whether the case shall be referred to the military commanders themselves, or to the judges invested with jurisdiction in the same district.

(5) These commanders shall have supervision over the magistrates and their assistants, and shall see that the decurions, or collectors of taxes, do not cause soldiers who are under the orders of their commanders any expense, so that the said commanders can, in time of peace, review and call the troops together whenever they desire to do so.

(6) If, however, it should become necessary for the soldiers to go elsewhere, they must, by all means, abstain from committing any wrong against the decurions, or the collectors of taxes; and if, in going and coming, only thirty days should be required, they can compel their expenses to be paid (without, however, subjecting the collectors or decurions to annoyance), but if they should be forced to remain longer in strange places, the expense incurred during the thirty days, as aforesaid, shall be paid after they have arrived at their destination.

(7) But as We have ascertained that certain persons have been so rash and unjust as to bring some of the soldiers above mentioned not only before the tribunal of Your Highness, but also before that of the eminent magistrate who presides in the East,, for the purpose of accusing them at the same time before both tribunals, and obtaining different judgments against the same persons for the same causes, in order that, hereafter, such snares may not be laid for Our soldiers, and to prevent confusion from arising in complaints brought against them, no one shall be permitted to accuse any soldier, or soldiers, before

the tribunal of Your Highness, and prosecute him, or them, either civilly or criminally, even though he may have obtained an order of the judges, or of the commanders, when the former have any matter before you which has not yet been decided.

(8) On the other hand, it should be observed that, when any soldier, or soldiers, attached to the service of the Emperor, are accused by order of the distinguished commander-in-chief, and reprimanded, permission shall be refused the prosecutor to accuse, or bring the same soldier, or soldiers, before the tribunal of Your Highness, and he shall not be permitted to do so, even if he can prove that the said soldier, or soldiers, have committed a criminal offence, or are civilly liable; and the complaints having been separated, Your Highness must decide the criminal cases, and the military commander, the civil ones, or vice

versa.

(9) Where any such soldier has committed an offence audaciously, as well as in violation of justice, he shall be punished in pecuniary cases by the loss of the suit, and shall have judgment rendered against him for damages on account of the act for which he was responsible; and, in criminal cases, he shall suffer the penalty of the law for malicious prosecution.

(10) We intend that the laws previously enacted shall be applicable to the preservation of public security and the protection of different places, and not employed for the purpose of diminishing the power of the magistrate invested with the administration of justice in the East, as there is no doubt that the military commanders themselves, whom the soldiers are obliged to obey, are subject to the supreme authority of this official.

TITLE XXXVII.

CONCERNING THE CASTRENSE PECULIUM OF SOLDIERS AND THE SUBORDINATES OF THE PREFECTS.

1. The Emperor Alexander to Priscianus.

If your son was under your control at the time when he purchased property in his own name, there is no doubt that it belongs to you. Movable property, however, which is given to a son by his father, or his mother, or any other relatives or friends, on his departure to the army, is included in his peculium castrense, to which also belongs any inherited personal effects which he could not receive except as a soldier; and even immovable property is placed in this category. The estate of a mother, however, even when it passes while her son is in the army, is not embraced in his peculium castrense. Land which is donated is also not included, but that which has been purchased with money taken from the castrense peculium constitutes part of the latter.

2. The Same Emperor to Felix.

The son of a family cannot alienate any property without the consent of his father, unless he has a castrense peculium.

3. The Same Emperor to Felicianus.

He who informed you that the bond of paternal authority is abolished by the military oath, is mistaken, for soldiers still remain under the control of their fathers, but their peculium castrense is their own, and their fathers have no right to it.

4. The Emperor Gordian.

As you state that you have been appointed heir by your brother, who is serving with you in the same camp, it is reasonable that the estate should rather be included in your castrense peculium than that it should belong to your father, under whose control you are; for it is certainly probable that association with your comrade-in-arms in the toils and privations of foreign military service, and your participation in the same rewards, has increased fraternal affection, and rendered you dearer to one another.

5. The Emperors Diocletian and Maximian.

We understand that the peculium of a son who died while in the army belongs to his father, even though the latter may not have acquired his estate.

6. The Emperor Constantine.

It is well known that the Imperial Secretaries, the Recorders, and all others employed in the offices of Your Highness, can claim the right of castrense peculium, just as if they were enrolled in the First Legion of Our Empire, and We decree that this right shall remain inviolate.

TITLE XXXVIII.

CONCERNING THE DISTRIBUTION OP MILITARY SUBSISTENCE.

1. The Emperors Constantine and Julian.

A custom which has recently been revived provides that during the time of an expedition Our soldiers usually have not only biscuit and bread, wine and vinegar, but also pork and mutton, issued to them; so that they receive biscuit every other day, bread every third day, wine on one day and vinegar on another, pork every day, and mutton every two days.

2. The Emperors Valentinian and Valens.

We order that soldiers shall not bring straw for themselves beyond the twentieth milestone.

3. The Same Emperors to Victor, General of the Army.

Neither soldiers nor their commanders shall, under any circumstances, dare to take anything from the inhabitants of the provinces by way of subsistence; for all soldiers are notified that the advantages which they derive by having rations issued to them should cause no loss to residents of the provinces.

4. The Same Emperors.

We order by a salutary provision that, on all frontiers, the purveyors appointed by the inhabitants of the adjacent provinces shall transport provisions to cantonments from places in the neighborhood, so that the soldiers stationed in the veteran camps may thus obtain two-thirds of their supplies, and not be compelled to transport more than the third part of the same.

5. The Emperors Valentinian, Valens, and Gratian to Probus, Prse-torian Prefect.

Commissaries must, before the expiration of thirty days, punctually render their true accounts, and they shall be compelled to make restitution from their own property for any supplies which they may have misappropriated, or failed to deliver to their corps, and for which they are responsible, either to the soldiers themselves, or to the warehouses belonging to the government.

6. The Same Emperors to Modestus, Prsetorian Prefect.

Our brave and devoted soldiers shall receive their rations from the public stores and their pay, every day, or at the proper time, that is to say, before the expiration of a year; and if they wish to defer the receipt of what they are entitled to, and do not apply for it within the term designated by law, it shall be claimed by the Treasury for Our benefit.

7. The Emperors Theodosius, Arcadius, and Honorius.

No soldier shall be permitted to demand the price of supplies sent into the provinces during a time of scarcity, which he rejected in time of plenty, so that where anyone neglects to claim them on account of the abundance of the crops, during the year, and afterwards, what was rejected should be valued at a high price because of the dearth, he cannot, without violating this law, either demand, or obtain what he once declined to accept.

8. The Emperors Arcadius and Honorius to Hilarius, Prsetorian Prefect.

It is proper that We should go to the relief of the inhabitants of the provinces, and therefore, Your Highness will communicate to the tribunes of all reserves, divisions, or corps, and to the illustrious commanders of the same, that they must remember to furnish hay to the soldiers in proper quantities, in accordance with the law of the Divine Valentinian, without their being required to convey it into the towns.

9. The Same Emperors.

Your Excellency will see that contractors enter upon the registers the nature and amount of the supplies distributed, so that it may clearly appear upon what day they were furnished to each company. And if it should be ascertained that the commissaries, or their subordinates, have received more than was recorded in the office of Our

Secretary, they shall be compelled to restore twofold the amount, which shall be given to the contractors as soon as they themselves demand it, for numerous applications have been made to the generals of both branches of the military service, asking that We decree, by a law, that, before the beginning of the indiction, schedules shall be faithfully and truly drawn up, and filed in the office of Our Secretaries, in accordance with which distribution may be made by the contractors.

10. The Same Emperors to Eutychianus, Pr&torian Prefect.

We order that, in all the provinces, from the month of November, new wine shall be distributed to the soldiers, as old wine is considered to be too expensive.

11. The Same Emperors.

Commissaries, that is to say officials employed in the distribution of rations to the soldiers, shall not engage in trade of any kind with the people of the provinces, so that everything which is due can be demanded by the military commanders, or the officials appointed by the provinces, and be paid within the term of a year.

12. The Same Emperors and Theodosius to Anthemius, Prsetorian Prefect.

For the seven days during which the praetorian tribunes are authorized to obtain'provisions at a low price, for their own benefit, they cannot purchase any other kind of property for less than it is sold in the market.

13. The Emperors Honorius and Theodosius to 'Anthemius, Prsetorian Prefect.

We decree, by this second law, that when any soldier attempts again to claim supplies which have already been furnished, or dares to change the rates which have been established, if he is a general, he shall be fined a hundred pounds of gold, and his subordinate officers shall be condemned to pay an equal sum, in addition to the penalty for sacrilege which is imposed upon all those who openly violate the Imperial Decrees.