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

The army, the local community, the law 169
trial in the military camp, perhaps with a military judge delegated by the army
commander, and few civilians can have been confident about receiving fair
treatment, given the usually benevolent attitude of the emperor and his officials
to the army (Campbell 1984:254–63).
280 CJ 5. 16. 2, AD 213
The same Emperor (Antoninus) to Marcus, soldier. If you prove to the
governor of the province that the female slave was bought with your
money and that the receipt of purchase was written in the name of
your concubine in order to make her a gift, he will order that she be
returned to you. For although a gift may be valid where there is not a
formal marriage, nevertheless I do not wish my soldiers to be robbed
in this way by their concubines through deceitful displays of affection.
Published on 18 February in the consulship of Antoninus Augustus
for the fourth time, and Balbinus.
Caracalla in benevolent and effusive manner sweeps aside legal technicalities
to help a soldier who had changed his mind about a gift made to his mistress.
281 CJ 3. 44. 5, AD 224
The same Emperor (Alexander) to Cassius, soldier. The wishes of a
soldier which he expressed in his will with reference to the erection of
a monument in his honour, should not be neglected by his father and
mother, his heirs. For although the right of bringing a complaint on
these grounds has been abolished by previous decisions, nevertheless
they cannot avoid ill will and the consciousness of guilt that surrounds
their failure to carry out a last duty of this nature and their contempt
for the final wishes of the deceased.
Published on 24 April, in the consulship of Julianus and Crispinus.
The emperor looks benevolently on the soldier’s concern for his comrade’s last
wishes, but cannot alter the law.
282 CJ 9. 23. 5, AD 225
The same Emperor (Alexander) to Gallicanus, soldier. Since you were
asked to write out your comrade’s will and on his instructions assigned
a slave to yourself, the slave is considered as not bequeathed and
therefore you cannot take up the legacy. But in line with my usual
benevolence, in your case I remit the penalty of the Cornelian law,
whose precepts you have infringed more through inadvertence, in my
opinion, that with fraudulent intent.