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

The army, the local community, the law 167
meadow which is part of my ancestral land, and digs up from the middle
of the boundary the sacred boundary stone to which I offer every year
a broad cake and porridge, or if a debtor refuses to pay back the money
which he borrowed from me (line 40), claiming that his signature was
forged and the receipt is worthless, my case will have to wait for the
legal session which initiates the litigation of the entire people. But then
too I shall have to put up with a thousand irritations, a thousand delays.
Often the benches of the courtroom are made ready, one lawyer has
taken his cloak off (line 45), another has gone for a pee, then there is
an adjournment. In the legal arena we fight a slow battle. But those
who put on armour and wear a sword belt have their cases heard on
whatever date suits them, and their property is not worn away by the
brake of a long lawsuit (line 50).
Moreover to soldiers alone is given the right of executing a will
while their father is still alive. For it was decided that whatever was
acquired through the toil of military service should not be included in
the body of property all control of which resides in the father. Therefore
an ageing father hunts a legacy from his soldier son who is earning
military pay (line 55). Well-earned approval brings promotion and
confers the right rewards on distinguished service. It is indeed in the
interests of the commander to ensure that brave men are also the most
satisfied, that they are all happy with with their military decorations
and medals, all (line 60) [ _ _ _
The text breaks off at line 60. Presumably it was unfinished or the end of the
manuscript has been lost. It is interesting that Juvenal thought that the privileged
position of the soldiers in Roman society was one of the themes likely to gain a
responsive audience among the upper classes. Soldiers can get away with abusive
and violent conduct, and it is very difficult to pursue them in court; as plaintiffs
soldiers are better off than civilians, and in the right of castrense peculium they
are uniquely privileged.
276 D 49. 16. 4. 8
(Menander (3rd C.AD), Book I On Military Affairs)
Not everyone who is involved in a law suit and for that reason joined
the army should be ordered to be discharged from the army, but only
the person who joined up with the intention of making himself, under
the protection of military service, more formidable to his opponent.
The person who was involved in litigation before he enlisted in the
army should not be lightly exonerated; but he should be exonerated if
he gives up the case.