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The Roman Army: A Social and Institutional History - Karatunov.net

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C u lt u re o f t h e R o m a n A r m y 147<br />

outside their forts <strong>and</strong> were often given barley rations instead of wheat. This is<br />

p s ych o l ogical punishment with an in-built el em ent of p u blic hu m i l i a ti on , a<br />

procedure that Augustus adopted when he made a soldier st<strong>and</strong> outside his tent<br />

clad in only a tunic <strong>and</strong> holding a clod of earth. Comm<strong>and</strong>ers were at liberty to<br />

d ream up va ri a ti ons on this them e , <strong>and</strong> soldiers had few means of making a<br />

protest.<br />

<strong>The</strong> main forms of p u n i s h m ent inclu ded exec uti on , be a ti n g, p aym ent of<br />

f i n e s , ex tra fati g u e s , dem o ti on or loss of ra n k , <strong>and</strong> dishon ora ble disch a r ge<br />

( Ca m pbell , 1 9 8 4 ; Wa t s on , 1 9 6 9 ) . Al t h o u gh certain punishments were prescribed<br />

for certain offences, they were not rigidly applied by comm<strong>and</strong>ers, who<br />

usually used their discretion. <strong>The</strong> death penalty was reserved for serious crimes<br />

such as inciting mutiny or rebellion, insubordination, going over to the enemy,<br />

or striking an officer. On some occasions emperors <strong>and</strong> comm<strong>and</strong>ers could order<br />

executions quite arbitrarily, usually when it was necessary to set an example<br />

or to restore discipline that had become lax (see Tacitus, Annals 11.18; 13.35).<br />

<strong>The</strong> stern Domitius Corbulo treated his eastern troops very severely, going so<br />

far as to execute a man who put his sword down while digging a trench.<br />

Loss of armor <strong>and</strong> weapons could incur the death penalty, but more often<br />

flogging was the punishment. Ruffus states that the theft of pack animals was<br />

treated even more severely because while the theft of weapons affected only one<br />

or two men , the theft of p ack animals en d a n gered the whole troop, so the<br />

penalty was to cut off the h<strong>and</strong>s of the offender (Br<strong>and</strong>, 1968).<br />

Punishments such as loss of rank could mean that a soldier remained in his<br />

own unit without his previous rank (gradus deiectio), or he could be moved to<br />

another less prestigious unit (militiae mutatio). A cavalryman could be sent to a<br />

part-mounted cohort (cohors equitata), <strong>and</strong> legionaries could be transferred to<br />

an auxiliary unit. <strong>The</strong>re is a record of just such a circumstance in the strength<br />

report of cohors I Augusta Lusitanorum, where a legionary was transferred to an<br />

auxiliary unit, but it is not specifically stated that this is a demotion as punishment<br />

for some misdemeanor (Fink, 1971; Watson, 1969). Fines <strong>and</strong> loss of pay,<br />

with or without the imposition of extra fatigues, were probably the most common<br />

forms of punishment, but there is less information about it for the Imperial<br />

peri od . Du ring the Rep u bl i c , l egi ons could be deprived of p ay or put on<br />

half- pay, but the small-scale activities of officers exacting penalties from individuals<br />

tend to go unrecorded.<br />

A more hard - h i t ting punishment was dismissal from the servi ce , wh i ch was<br />

a pprox i m a teto cashiering (missio ign o m i n i o s a) , s i n ce this stri pped the soldiers<br />

of a ll the privi l eges that would have been their due if t h ey had served their full<br />

term <strong>and</strong> been hon ora bly disch a r ged (honesta missio) . In the Jewish Wa r, Ti tu s<br />

d i s m i s s eda soldier who had been captu red by the en emy, even though he had<br />

m a n a ged to escape , because soldiers should not be captu red alive . <strong>The</strong> threat of<br />

the loss of pen s i on <strong>and</strong> privi l ege s , <strong>and</strong> the pro h i bi ti on on joining any other

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