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

170 The Roman Army
Published on 15 June, in the consulship of Fuscus for the second
time, and Dexter.
It is interesting that in a similar case involving a civilian petitioner, Severus Alexander
did not accept ignorance of the law as a mitigating factor (CJ 9. 23. 3).
283 CJ 1. 18. 1, AD 212
Emperor Antoninus Augustus to Maximus, soldier. Although when
you were conducting your case, through ignorance of the law on account
of the simple-minded ignorance of those in military service, you omitted
to make appropriate representations, nevertheless if you have not yet
made reparation, I grant that you may use the evidence for your defence,
if an action is now being brought against you in accordance with the
judgment.
Given on 25 April, in the consulship of Asper and Asper.
Permission for the soldier to reopen his defence at this late stage will have
made life difficult for the plaintiff; ignorance of the law was not usually an
acceptable explanation for failure to observe proper procedure.
SOLDIERS AND CIVILIANS
In their ideal role the troops, in the words of Dio of Prusa (Speeches 1.
28), were like shepherds who, with the emperor, guarded the flock of
the empire. And some communities did indeed benefit from the
proximity of army units or through the influence of fellow-citizens
who were soldiers. But the dominating theme is the brutal oppression
of civilians by soldiers, whom emperors were apparently unable or
unwilling to restrain. Soldiers were distinguished by special privileges
and treatment in court; they were comrades of the emperor; they were
armed; they were often in contact with local people, sometimes in a
police capacity; in certain areas their officers were the only available
source of legal jurisdiction. It is not surprising that in these circumstances
soldiers exploited their status, prestige, and physical might to oppress
civilians, sometimes on their own initiative, sometimes on the orders
of higher officials, since the system of provincial administration made
demands (in the form of requisitions) on local communities, which
were difficult to monitor and control. Inscriptions and papyri containing
the complaints of provincial communities preserve an authentic record
of serious, widespread, and persistent abuse, and indicate that in any
analysis of the failings of Roman provincial administration, soldiers
appear as the most intransigent culprits.