The Roman Army, 31 BC–AD 337: A Sourcebook

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The army, the local community, the law 157 if Aquila’s daughter had been born from an unofficial liaison during military service. 259 Gaius (2nd C.AD), Institutes 2. 109–10 But this strict observance of legal formalities in the drawing up of wills has been relaxed through imperial decisions in respect of soldiers because of their extreme ignorance. For even though they do not employ the established number of witnesses, or transfer their property, or formally announce their wills, nevertheless their testamentary dispositions are valid. Moreover, they are permitted to institute as heirs both non- Romans and Latins or to leave them legacies, although as a general rule non-Romans are prohibited from taking an inhertitance or legacies by the process of civil law, and Latins by the Junian law. Soldiers will usually have formed liaisons with local women who were not Roman citizens, and any children will therefore have been non-Romans. The concession described by Gaius, which was not extended to civilians, enabled soldiers to institute their ‘wives’ or children as heirs or legatees. Gaius thought that this was one of a series of measures taken by emperors to alleviate the problems of soldiers. It was presumably introduced earlier than the reign of Marcus Aurelius when Gaius probably finished the Institutes and perhaps should be ascribed to Trajan, who is known to have confirmed and extended the legal privileges that soldiers enjoyed in making a will (text no. 263). 260 BGU 140=Smallwood NH 333, papyrus, Egypt, AD 119 Copy of a letter [of the emperor] translated [into Greek, which] was displayed in [year] three of Trajan Hadrian Augustus during the consulship of Publius Aelius (Hadrian) for the third time and Rusticus, in [ _ _ _ ], in the winter camp of Legion III Cyrenaica and Legion XXII Deioteriana, on 4 August, which is 11 Mesore, at the headquarters building: I know, my dear Rammius (Quintus Rammius Martialis, prefect of Egypt, AD 117–19), that children whom their parents accepted as their offspring during their military service, have been prevented from succeeding to their father’s property, and that this was not considered severe since they had acted contrary to military discipline. Personally I am very happy to establish principles by which I may interpret more benevolently the rather harsh ruling of the emperors before me. Therefore, despite the fact that those children who were acknowledged during military service are not the legitimate heirs of their fathers, nevertheless I decide that they too are able to claim possession of the
158 The Roman Army property in accordance with that part of the edict that allows a claim to relatives by birth. It will be your duty to make this benefaction of mine known both to my soldiers and to the veterans, not in order that I may appear to be extolled among them, but so that they may make use of this if they do not know about it. This letter deals with intestate succession, in which illegitimate children normally had no claim. The munificent tone of the letter suggests that Hadrian was referring to all children of soldiers, not merely those who were Roman citizens. However there were legal limitations to the concession in that it was associated with the edict’s provision for claims by blood relatives; therefore the claims of illegitimate children would be preceded by those of legitimate children and agnates (i.e. people descended through the male line, for example, a brother or father). Nevertheless, Hadrian’s letter was a further move towards the recognition of military marriages, and its tone emphasizes his personal responsibility and good will towards his soldiers, which he takes as sufficient reason to condone a breach of military regulations. 261 CJ 9. 9. 15, AD 242 The same Emperor (Gordian) to Hilarianus, soldier. If your former wife left the province before she could be accused of adultery, an accusation cannot be brought in her absence, and it is not legally proper to demand that she be brought back to that province in which you are serving as a soldier. But you will certainly be able to bring a formal accusation against her when your military duties permit. For the time which you have given to your military obligations should not deprive you of the retribution which you demand for the grief inflicted on you as a husband. Published on 12 March, in the consulship of Atticus and Praetextatus. This rescript illustrates the legally valid marriage of soldiers after the Severan era, since adultery can occur only in the context of a iustum matrimonium (Campbell 1978:159–66). This story of a failed personal relationship reminds us that soldiers lived in the same world as civilians and indeed faced additional problems because of their military duties. The emperor is sympathetic while upholding the normal legal process. 262 FIRA 3. 47, papyrus, Egypt, AD 142 Antonius Silvanus, cavalryman of the first Mauretanian ala of Thracians, aide (stator) of the prefect, troop of Valerius, made his will. Let my son, Marcus Antonius Satrianus, be the sole heir of all my property, both military and civilian. Let all others be disinherited. And let him formally accept my inheritance within the first hundred days (after my death). If
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The Roman Army, 31 BC-AD 337 The Ro
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First published 1994 by Routledge 1
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Contents List of plates ix List of
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Plates 1 Ti. Claudius Maximus 2 Cen
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Preface and acknowledgements The Ro
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Abbreviations AE L’Année épigra
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P. S. I. Pubblicazioni della societ
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Emperors from Augustus to Constanti
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denarius (‘ten as-piece’) = 4 s
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2 The Roman Army benefits are still
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4 The Roman Army military as well a
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6 The Roman Army The defeat of Cart
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8 The Roman Army who supplied caval
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10 The Roman Army career seemed mos
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12 The Roman Army in a recruit, you
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14 The Roman Army thanks to the lor
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16 The Roman Army should keep in st
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18 The Roman Army more impartial th
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20 The Roman Army speedily. The rem
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22 The Roman Army I paid monetary r
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24 The Roman Army hay 10 drachmas f
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26 The Roman Army I have received a
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28 The Roman Army from having more
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30 The Roman Army 34 Speidel 1980:7
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32 The Roman Army 40 ILS 2442, insc
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34 The Roman Army units were now be
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36 The Roman Army and I have alread
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38 The Roman Army heirs, set this u
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40 The Roman Army 63 CIL 6. 2725=IL
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42 The Roman Army principalis, acti
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44 The Roman Army 77 CIL 6. 2896=IL
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2 The officers CENTURIONS Centurion
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48 The Roman Army The emperor was u
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50 The Roman Army to Numidia, and f
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52 The Roman Army of Legion III Aug
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54 The Roman Army tribune of the fi
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56 The Roman Army Aurelius Harpocra
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58 The Roman Army Cornelius Minicia
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60 The Roman Army officer for Egypt
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62 The Roman Army Furthermore, an e
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64 The Roman Army probably formed d
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66 The Roman Army Moesia, legate of
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3 The Emperor as commander-in-chief
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70 The Roman Army to restrain thems
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72 The Roman Army 127 Josephus (1st
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74 The Roman Army Cornelius Fronto
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76 The Roman Army his tribunician p
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78 The Roman Army Lucius, in the si
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1 Ti. Claudius Maximus Source: Kava
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3 Trajan as commander-in-chief Sour
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8 The Roman siege ramp at Masada Ph
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11 The Mithraeum at Carrawburgh on
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14 Bronze diploma—exterior faces
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18 Bronze diploma—exterior face w
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80 The Roman Army Figure 1 Legionar
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82 The Roman Army fighting at the c
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84 The Roman Army the other legions
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Figure 3 The disposition of the leg
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88 The Roman Army outside the fort
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90 The Roman Army advisers, will ha
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92 The Roman Army guards and mounte
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94 The Roman Army period of imperia
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96 The Roman Army being able to str
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98 The Roman Army (Section 16) The
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100 The Roman Army against archers,
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102 The Roman Army (see Plate 8), t
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104 The Roman Army the cohort menti
Page 139 and 140: 106 The Roman Army the wishes of Em
Page 141 and 142: 108 The Roman Army 177 D 49. 16. 3.
Page 143 and 144: 5 The army in peacetime MILITARY LI
Page 145 and 146: 112 The Roman Army do whatever may
Page 147 and 148: 114 The Roman Army This is probably
Page 149 and 150: 116 The Roman Army For the date and
Page 151 and 152: 118 The Roman Army Thiadices, who s
Page 153 and 154: 120 The Roman Army 190 P. Dura 60B,
Page 155 and 156: 122 The Roman Army of that communit
Page 157 and 158: 124 The Roman Army identified as br
Page 159 and 160: 126 The Roman Army The town of Sald
Page 161 and 162: 128 The Roman Army for the eternity
Page 163 and 164: 130 The Roman Army [7] September [
Page 165 and 166: 132 The Roman Army Although Tertull
Page 167 and 168: 134 The Roman Army 220 CIL 3. 11082
Page 169 and 170: 136 The Roman Army Cocidius was a C
Page 171 and 172: 138 The Roman Army the names of Get
Page 173 and 174: 6 The army, the local community, an
Page 175 and 176: 142 The Roman Army informal adminis
Page 177 and 178: 144 The Roman Army either military
Page 179 and 180: 146 The Roman Army Two legions were
Page 181 and 182: 148 The Roman Army the Medes, in th
Page 183 and 184: 150 The Roman Army [ _ _ _ ] Centur
Page 185 and 186: 152 The Roman Army provision for th
Page 187 and 188: 154 The Roman Army Longinia, had be
Page 189: 156 The Roman Army opinion I gave y
Page 193 and 194: 160 The Roman Army the will. His so
Page 195 and 196: 162 The Roman Army did make his wil
Page 197 and 198: 164 The Roman Army In Roman law eve
Page 199 and 200: 166 The Roman Army from home. Soldi
Page 201 and 202: 168 The Roman Army 277 CJ 12. 33(34
Page 203 and 204: 170 The Roman Army Published on 15
Page 205 and 206: 172 The Roman Army solution, becaus
Page 207 and 208: 174 The Roman Army ask that you sho
Page 209 and 210: 176 The Roman Army The reference to
Page 211 and 212: 178 The Roman Army with his own edi
Page 213 and 214: 180 The Roman Army of passing trave
Page 215 and 216: 182 The Roman Army The Roman empero
Page 217 and 218: 184 The Roman Army foreseen. Or was
Page 219 and 220: 186 The Roman Army the undivided su
Page 221 and 222: 188 The Roman Army name a figure of
Page 223 and 224: 190 The Roman Army disgraceful and
Page 225 and 226: 192 The Roman Army only explicit re
Page 227 and 228: 194 The Roman Army Rome) even thoug
Page 229 and 230: 196 The Roman Army grandson of Germ
Page 231 and 232: 198 The Roman Army and (13) first T
Page 233 and 234: 200 The Roman Army the fatherland,
Page 235 and 236: 202 The Roman Army from your affirm
Page 237 and 238: 204 The Roman Army honourably disch
Page 239 and 240: 206 The Roman Army 337 FIRA 3. 171=
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208 The Roman Army (Fourth hand) (S
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210 The Roman Army service in the c
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212 The Roman Army colonies, or del
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214 The Roman Army Augustus himself
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216 The Roman Army 349 CIL 16. 13=M
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218 The Roman Army main roads did n
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220 The Roman Army 357 ILS 9085, in
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222 The Roman Army and Vergil in Ec
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224 The Roman Army you who are aliv
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226 The Roman Army 367 AE 1974. 283
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228 The Roman Army 374 ILS 9400, in
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230 The Roman Army considerable pro
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232 The Roman Army military organiz
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234 The Roman Army recruitment and
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236 The Roman Army Domitius Aurelia
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238 The Roman Army on the emperor (
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240 The Roman Army This rescript is
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242 The Roman Army peaceful repose
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244 The Roman Army in respect of on
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246 The Roman Army the soldiers, an
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248 The Roman Army (Alexander) gave
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Select bibliography Alföldy, G.. (
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252 Select bibliography Duncan-Jone
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254 Select bibliography Marsden, E.
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Index of translated passages LITERA
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258 Index of translated passages 24
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Index of names and subjects Promine
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266 Index of names and subjects Ces
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268 Index of names and subjects Gro
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270 Index of names and subjects Pat
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272 Index of names and subjects Vel
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The Roman Army, 31 BC–AD 337: A Sourcebook

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