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

160 The Roman Army
the will. His son, although illegitimate, can be legally instituted as his heir, and
Antonia can receive a legacy in the will. Note that Silvanus has in addition to
his camp property civilian assets, which suggests that he had set up a household
for his family. Cf. text no. 375—will of a veteran sailor; for soldiers’ legal
privileges, pp. 160–70.
SOLDIERS BEFORE THE LAW
The privileged treatment of soldiers before the law may be explained
partly in terms of the special role and circumstances of a professional
army in which soldiers were absent for long periods and unable to
defend their rights, lacked professional legal advice, and were of differing
background and legal status. But soldiers’ privileges in making wills
and in acquiring and disposing of property, went much further and
indeed attracted the attention of social commentators like Juvenal. There
was doubtless an idea that military duties took precedence over civilian
legal requirements, and also a need to encourage volunteers; but above
all, emperors wished to cement the personal loyalty and affection of
their troops by displaying a personal interest in their welfare. What is
more, each soldier had a direct avenue of approach to his commanderin-chief
by presenting a petition. Soldiers were also husbands and
fathers, and closely connected with the hopes, fears, and lifestyle of the
lower classes, where they had family connections and friends. Their
petitions to the emperor help to illustrate their daily life and the position
of the army in a non-military context. Petitioning the emperor was
available to all Roman citizens, and soldiers would not necessarily be
advantaged by this process, but in time of political crisis or during
military campaigns, emperors might find it more difficult to reject
petitions from soldiers, who were already objects of special attention
before the law. The emperor’s position was crucial; he needed to keep
the troops contented, but his decisions influenced the development of
the law, which affected all citizens (see also texts nos 258–61; Campbell
1978; 1984:254–99; Vendrand-Voyer 1983).
263 D 29. 1. 1–2
(Ulpian (3rd C.AD), Book XLV On the Edict)
The divine Julius Caesar was the first to grant to soldiers the right to
make a will free from formal legal requirements. However that
concession was for a limited period only. The divine Titus was the first
after this to extend the right, and then Domitian. Subsequently the
divine Nerva granted the most extensive indulgence to the troops. Trajan