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

The army in the later empire 247
Given on 29 December at Trier in the consulship of Januarinus and
Justus.
398 CJ 6. 21. 14, AD 294
Emperors Diocletian and Maximian Augusti and the Caesars to the
heirs of Maxima. If your mother was appointed heir by her brother
while he was in military service and obtained his estate for herself even
though the will did not comply with strict legal formulation, it is legally
correct that neither the brother of the testator nor his children can
recover possession of the estate on the grounds of intestacy.
Given on 3 May, near Sirmium (?) in the consulship of the two
Caesars.
399 CJ 6. 21. 15, AD 334
Emperor Constantine Augustus to the people. If those soldiers who are
engaged on a military expedition, appoint, in an expression of their
last wishes, their wives or children or friends or fellow-soldiers or indeed
any other person at all as their heirs, they may make a will in whatever
way they can, or wish, and neither the merit nor freedom nor rank of
their wives or their children are to be challenged, when they have
produced the will of their father. Consequently, it is permitted and
always will be permitted by the rules of law that, if soldiers have written
anything in letters shining red with their own blood on their scabbard
or shield, or if they have scratched anything in the dust with their sword
at the very moment when they surrender their life in battle, an expression
of intent of this kind shall be a valid will.
Given on 11 August (mistaken date – Barnes 1982:79), at Nicomedia
in the consulship of Optatus and Paulinus.
These rescripts show that the privileges enjoyed by soldiers in leaving property,
and in making a will that was held to be valid even if it did not adhere to due
legal form, continued in the later empire; they were also exempt from certain
punishments (CJ 9. 41. 8). The emotional language of Constantine, his concern
for the welfare of the soldiers and their families, and the fact that this rescript
was addressed generally to the people, emphasize the continuing importance of
the emperor’s personal association with the army.
400 Historia Augusta, Life of Severus Alexander 48
(A senator, Ovinius Camillus, plots against Severus Alexander, who
welcomes his willingness to share the burdens of ruling.) Then he