Roman Military Oath

Sacramentum Militare - A Possible Reconstruction

Components:

1 x papyrus scroll (the oath)

1 x container (ivory box?)

Silk cloth/wrapping to cover the box

Imago of the Augustus

Background:

After being asked to speak the Military Oath at LRE XIV as part of the Annona ceremony, it
struck me that it might be worth developing it further to make it a ritual event in its own right. The
following contains some thoughts and ideas to help contextualise the Sacramentum Militare following
on from the academic work of Hebblewhite and Rozycki, among others. I’ll include a small bibliography
at the end for those who wish to read further.
Vegetius explicitly refers to it as the Sacramentum Militare but other Roman writers variously
refer to it using the verb iuro (meaning to swear or take an oath), testor, to testify, or simply as
sacramentum or ius iurandum. Using Vegetius as the main authority, the consensus seems to be that it
was formally known as the Sacramentum Militare.
What follows is more a speculative reconstruction for a reenactment event and is specifically
tailored for a 4th century context - mostly post-Julian, for example. The main difference, as I understand
it, is that the early Republican oath focused on the Consuls as individuals which then, with the rise of the
figure of the emperor, became that of the reigning Augustus. The gods were always prominent hence
the sacral nature of the oath. However, in the later 4th century, God, Christ and the Holy Spirit now
supplant the pagan deities and the figure of the emperor becomes directly tied to this faith , according
the summary provided by Vegetius.
Several later Roman writers allude or testify to pagan gods still being mentioned in the
Sacramentum Militare, however, so it would seem that during the latter half of the 4th century both
versions existed or were amalgamated in some fashion depending on the context of the occasion and
the troops present. A classic example might be Julian. Libanius, in Oration 30, refers to the companions
of the Emperor Theodosius as swearing by the old gods.

My understanding is that the Sacramentum Militare as an event consisted of 3 main parts or

steps:
1 - the pronouncement of the oath (or its renewal)
2 - the handing out of the donativum
3 - the reading out of the military articles prescribing punishment
This ‘carrot and stick’ approach, to quote Rozycki, forms a nice tripartite structure for a
reenactment staging.
 The roman military oath was sworn by the soldiers and then their commanders before the
Augustus or a sacred image which stood in for him. The general consensus seems to be that in the Late
Imperial period, 4th to 5th centuries, it was performed on 3 distinct occasions:
A] - when a recruit as a tiro joined the military after 4 months of training
B] - on the ascension of a new Augustus
C] - annually as a renewal, possibly the 3rd January following the Feriale Duranum.
Other dates proposed include the dies imperii (the day the emperor assumed power) or the dies
natalis (his birthday).
It is likely that all dates were, in some fashion, used to cement loyalty and hand out gold as and
when needed.

Two key writers form the basis of this attempt to reconstruct a ritual event: Vegetius who gives
us the main content of the oath, albeit with reservations, and Ammianus Marcellinus, who describes it in
practice directly and indirectly on two occasions. Both writers come with academic and literary
reservations, however.

So the question becomes what was said and how was it performed. If we can reconstruct
something of those matters - again with the proviso that both writers leave things incomplete or may
not accurately record the event - the following suggestions could be made:

THE OATH:

Below is the content from Vegetius who, it must be stressed, is writing a sort of précis of the
oath not quoting it verbatim.

"Iurant autem per Deum et Christum et sanctum Spiritum et per maiestatem imperatoris, quae secundum Deum
generi humano diligenda est et colenda.
Nam imperator cum Augusti nomen accepit, tamquam praesenti et corporali Deo fidelis est praestanda deuotio,
inpendendus peruigil famulatus.
Deo enim uel priuatus uel militans seruit, cum fideliter cum diligit qui Deo regnat auctore.
Iurant autem milites omnia se strenue facturos, quae praeceperit imperator, numquam deserturos militiam nec
mortem recusaturos pro Romana republica"

Which translates as follows:

“The soldier swears by God, Christ and the Holy Spirit, and by the Majesty of the Emperor, who second only to God
should be the object of the highest devotion and affection for all mankind.
For since the Emperor has received the name of Augustus, he shall be owed eternal love and diligent service, as the
visible representation of God.
Therefore every man, be it an ordinary citizen or a soldier, exemplifies their devotion to God through faithful service to
those that rule by divine right.
Soldiers swear to closely obey any order by the emperor, to never desert from the army and to lay down their lives for
the Roman state.”

The oath as presented by Vegetius contains several important clauses: the sacral nature of the
oath which conjoins the emperor to God, Christ and the Holy Spirit, making him the visible
representation of God; faithful service to God and the Emperor is seen as one and the same thing; three
key mandates are contained in the oath for the soldier: obey any order from the emperor, never desert
from the army, and to lay down his life for the Roman state.
 It is important to note that here the emperor is the state as willed by God; he is the physical
manifestation of Rome. It is also important to understand that taking the Sacramentum Militare is also
an act which legitimises the emperor as one chosen by God and is therefore of prime importance to
usurpers in cementing their claim to be the ‘true’ emperor.

Given the nature of Late Roman ceremonial practice and the long litany of acclamations used, it
seems preferable to break the Sacramentum down into sections which are then sworn to by a single
soldier (selected by status or honour) who affirms the oath individually while the remaining soldiers
then echo it, as was usual. This gives the ceremony more heft, as it were, than citing the entire oath with
the soldiers only echoing the ‘Idem in me’ at the end.
If we take Vegetius’ summation and retrospectively read ‘back’ as it were to what the fu ll
version might be, it could be broken down into the following actions:

‘Do you, miles, here assembled under the sacred gaze of the Augustus Valentinianus (on the date
to be inserted) swear by God, Christ and the Holy Spirit, to serve the Majesty of the Emperor, who by
divine will, is second only to God and stands as the object of the highest devotion and reverence for all
Mankind.’
Response: Iuro! (I swear!)
Acclamation Response: Idem in me!
‘As the Emperor Valentinianus has received the name of Augustus (again insert date or
occasion), do you offer him eternal love and faithful service, he being the visible representation of God.’
Response: Iuro! (I swear!)
Acclamation Response: Idem in me!
Do you here present under the sacred standards offer to exemplify your devotion to God through
faithful service to the Augustus Valentinianus who rules now by divine right.
Response: Iuro! (I swear!)
Acclamation Response: Idem in me!
‘Will you swear here and now to closely obey any order by the Emperor, to never desert from the
standards, and to lay down your life for the Roman State.’
Response: Iuro! (I swear!)
Acclamation Response: Idem in me!

Generally, the 3rd January date which is the renewal of the oath would make the most sense
when performing the ceremony. The name of the emperor can be switched out of course. Valentinian is
just a place-holder.

So the above could form the main basis for the oath as proclaimed and responded to. The
question remains how was it performed.

THE STAGING:

The only real description of the event itself, as opposed to Vegetius précis of the content, is
from Ammianus Marcellinus and he does so on two occasions - when Julian proclaims himself Augustus
and later when Procopius shames two legions for abandoning the Constantinian House in favour of the
newer Valentinian one. The second description refers more to the effect the oath has over the Late
Roman military - Procopius shames the legionaries back to their original oaths.
 While the first may not represent the actual oath as it was customarily performed but instead
reflect Julian’s urgent need and desire to proclaim his legitimacy, it does remain our only full description
in detail and it seems prudent therefore to use that as a base to build the performative side.

Ammianus breaks the oath ritual down into the following elements:

The presence of the Augustus (here Julian but in the absence of an emperor his imago must be
raised and presented).
The soldiers are assembled under their standards led by their commanders.
The ritual drawing of the spathae to the throats.
The Emperor, or one who speaks and acts on behalf of the emperor, draws attention to begin
the ceremony.
The solemn repetition of the sacramentum and the ritual responses.
This is repeated and reinforced by the commanders once the soldiers have echoed the Idem in
me!.

It might be reasonably assumed that the Augustus (now ratified) hands out the necessary or
customary donatives. So:

The commanders then receive the donativum on behalf of their soldiers.

Once accepted, the military articles are then read out to reinforce their sacred duty.
The ritual renewal or inauguration is formally closed and the soldiers dismissed.

The Military Articles:

The main military articles are too long and exhaustive to read out and were perhaps instead
placed up upon a post for all to read. See appendix for a possible 4th century list of military codes.

In terms of the event here, instead the act should focus on the nailing or posting u p of the
articles so that all soldiers have access to them and that the act of posting solidifies their legality, etc.

Once posted or nailed up, the commanding officer could then - as an illustration which
symbolically reinforces the power of these laws - summon a number of individuals already deemed
guilty to face their punishment. This allows examples of the laws to be read out and shown to the
members of the public.

The main element here is to show that a good commander must balance discipline with
punishment and that he is able to listen to the specific crime and judge accordingly. Roman soldiers had
no recourse to judicial process outside the commander’s judgement and so the latter must be seen to
be severe but not tyrannical or inflexible; he must motivate as much as punish.

Role play examples for illustrative purposes could include the following known examples - tied
to a specific law which is read out before the assembled soldiers:

A] An officer who has fallen in disgrace is made to stand all day barefoot before the soldiers.

B] A soldier who has fallen in disgrace is made to hold a clod of earth in his hands as a mark of
servility.
 C] A subordinate is intimidated by the sharpening of an axe only for the commander to order the
axe-wielder to cut away a root or stump before the subordinate’s ground instead. He is let off with a fine.

D] A cavalry officer is demoted in rank and made to wear a woman’s dress after retreating
before the enemy.

E] A sentry is touched on the shoulder by the fustis to show that he is to be cudgelled to death for
not returning his tessera but his centurion intercedes formally to speak to his good character and instead
he is demoted.

APPENDIX - Military Laws of Ruffus

Leges Militares

These are the law codes as preserved by Ruffus, of unknown date and provenance. C E Brand, in
his Roman Military Law, posits that this may be the same Sextus Ruffus Festus who compiled a breviary
of Roman history and was Magister Memoriae under Valentinian II. He was thus a possible
contemporary of Vegetius. While speculation - Ruffus’ identity will never be known using the
information to date - it does place the Leges Militares ascribed to him within a firm Late Roman context.
Comparisons with the later military codes preserved in the Mauricius’ Strategikon show that the writer
was aware of the Leges Militares and even updated some of them.

These could thus stand in for a comprehensive list of 4th century Military Codes.

The text in full (after C E Brand’s translation) is presented in full below:

Deportatus in insulam, si poenam effugiens operam dedit ipse, ut militiae adscriberetur; vel
deportatum se dissimulans, inter milites legi sustinuit: capite punitur. Ad tempus autem relegatus
siqiudem ipse sponte sua militiae nomen dederit, in insulam deportatur: sin re dissimulata, se militiae
adscribi passus fuerit, perpetuo relegatur. Si vero quis ad tempus relegatus, et fuga declinato supplicio,
postquam exsilii tempus expletum fuerit, militiae se dederit: ex qua caussa damnatus sit exsilio,
quaerimus; ac si quidem ea perpetuam irrogat infamiam, idem obseruamus.

Any person deported to an island who contrives to be enrolled in the army in order to escape
punishment, or who, concealing the fact that he has been deported, allows himself to be enrolled in the
army, shall be punished with death. Any person temporarily exiled who voluntarily enlists in the army
shall be deported to an island; but if, concealing his status, he merely permits himself to be enrolled in
the army, he shall be exiled for life. If any person temporarily exiled escapes punishment by flight, and
after the time of exile has expired enlists in the army, we must look into the cause for which he was
condemned to exile; if for cause involving perpetual infamy, we shall observe the same.

Qui cum infamia, ex quaecumque caussa, missi sunt; nullum honorem obtinere vel gerere
possunt.
 Person who have been dishonourably discharged, for whatever cause, can neither occupy nor
administer any public office.

Adulterii, vel alio crimine publico damanti, non admittuntur, si militare velint.

Adulterers or those convicted of any other public crime shall not be accepted if they wish to
serve in the army.

Si miles cum adultero uxoris suare pactus fuerit, exauctoratur, et proscribitur.

If a soldier compound the crime with the adulterer of his wife, he shall be dismissed from the
service and proscribed.

Damnatus supplicio capitali, vel exisilio, vel alio crimine publico, tametsi supplicium effugere
potuerit, numquam tamen militare potest.

Any person condemned to death, or to exile, or otherwise of a public crime, even though he
may have been able to escape punishment, can nevertheless never serve in the army.

Milites neque procuratores, neque conductores, neque fideiussores suie mandatores alenorum
negotiorum fiunt.

Soldiers shall not become agents, or contractors, or sureties, or trustees of the affairs of others.

Milites nec agriculturae vacent, aut mercaturae, nec ciuilem in se curationem recipiant: alioqui
militiam, et militaria priuilegia amittunt.
Soldier shall not be free to engage in farming or merchandising, nor can they undertake the
responsibilities of civil office: if they do they shall be dismissed from the service and forfeit their military
privileges.

Miles, ubi militat, praedium non emit; nisi paternum a fisco.

A soldier shall not purchase a landed estate where he serves, unless it be to redeem his
ancestral estate from the Treasury

Qui peccat in principiem, gladio feritur, et proscribitur; et memoria eius post mortem damnatur.

He who transgresses against the sovereign shall be smitten with the sword and proscribed, and
his memory shall be condemned after his death.

Si qui coniurationem, aut factionem, aut seditionem moliri aduersus praesidem suum fuerint,
quacumque de caussa; capitali supplicio subiicientur, praesertim ii, qui capita et auctores coniurationis
ait seditionis exstiterint

Those who dare to form a conspiracy or plot or to foment mutiny agasint their commander,
from whatever cause, shall be subject to capital punishment, especially those who are identified as
authors and leaders of the conspiracy or mutiny.
 Si miles quincurioni suo non paruerit, sed aduersando restiterit; castigator. Similiter et quincurio,
si decurioni suo non oboediuerit: et decurio, si non paruerit suo centurioni. Si vero legionarius quispiam
resistere praesidi suo maiori, hoc est, vel tribuno fuerit ausus; extremo supplicio subiicitior. Omnis enim
contumacia militis aduersus ducem vel praesidem, capitale supplicium irrogat.

If a soldier does not obey his quincurion, but sets himself in opposition, he shall be chastised;
and likewise for the quincurion who is not obedient toward the decurion, and the decurion who does
not obey his centurion. If any legionary dare resist his superior officer, that is to say a count or tribune,
he shall suffer the supreme penalty. For all insubordination of a soldier toward a commanding general or
commander-in-chief-call for capital punishment.

Si quis audito decurionis sui mandato, id non obseruarit; castigator. Si vero mandata ignorans,
lapsus sit; decurio castigator, quod eum non praemonuerit.

Any person who hears the order of his decurion and fails to observe it shall chastised; but if he
errs through ignorance of the order, the decurion shall be chastised for failure to instruct him in the first
place.

Si miles ab aliquo laesus fuerit, ad praesidem legionis querelam deferat. Quod si ab ipso praeside
iniuria fuerit adfectus, eo nomine praesidem maiorem adeat.

If a soldier is wronged by anyone he should make a complaint to the commander of his legion.
But if the wrong has been done by the commander himself, he should go to higher commander about it.

Si quis militum praeposito suo manus intulerit, capite punitor.

If any person raises his hand against his commander-in-chief he shall be punished with death.

Si miles praesidi suo, verberare volenti, restiterit; siquidem virgam dumtaxat tenuit, militia
pellitur; sin eam ex indistria fregit, aut praesidi manus intulit, capite punitur.

If a soldier resists his commander who is about to flog him, if it be only to hold the rod and
nothing more, he shall be dismissed from the service; but if he purposely break it, or raise his hand
against his commander, he shall be punished with death.

Si quis atrocem militum seditionem concitauerit, capite punitur. Sin autem vsque ad
vociferationem dimtaxat tumultum militarem mouerit, aut si intra nudam querelam aduersus aliquos
excitata seditio fuerit: tunc gradu militiae deiicitur. Et quum milti milites simul in aliquod flagitium
conspirauerint, vel si legio defecerit, exauctorari solent.

If a person incites violent insurrection among the soldiers, he shall be punished with death; but
if he incite a disorderly gathering of soldiers to loud clamour, and nothing more, or if the disorder
excited is merely a complaint against other persons, then he shall be reduced in rank. When a number of
soldiers conspire together in any outrage, or if a legion defect, they are customarily dismissed from the
service.
 Si quis vsque ad vociferationem dumtaxat tumultum militarem excitauerit, vel si plures in hoc
conspirauerint; acriter caesi militia pelluntur. Sin quis atrocem militum seditionem accenderit, caput ei
praeciditur.

If a person incites a disorderly gathering of soldiers to loud shouting, and nothing more, or if
several conspire in doing so, they shall be severely beaten and discharged from the service. But any
person who inflames violent insurrection of the soldiers shall be beheaded.

Miles pacis perturbator, capite punitur.

A soldier who disturbs the peace shall be punished with death.

Seditionum auctores, et qui populum concitant, pro meriti sui qualitate vel gladio feriuntur, vel
relegantur.

Instigators of munity and those who inflame the populace shall, according to the merits of their
station, either be put to the sword or banished.

Si quis cum militibus, aut priuatis, aut barbaris inita coniuratione, senatorium vel militem
quemdam occiderit; laese maiestatis damnator, et capitale supplicium sustineto, facultatibus eius
publicatis.

If any person in conspiracy with soldiers, private citizens, or foreigners, kills any person of
senatorial rank, or a soldier, he shall be condemned for high treason, put to death, and his property
confiscated.

Si quis militem vel collatorem damno adfecerit, in dupla quantitate damnum hoc passo restituet.
Sin qualiscumque praeses aut miles in hibernis, vel in transitu, vel in sedetis militem vel collatorem
damno adfecerit, nec ei damnum, ceu decet, resarciuerit; in dupla quantitate rem ipsam damnum passo
restituet.

If any person inflicts damage upon a soldier or taxpayer, he shall restore to the injured party
double the amount of the damage. If any commander or soldier in winter quarters, or on the march, or
in camp inflicts injury upon a soldier or a taxpayer, and fails to make appropriate amends for the
damage done, he shall likewise restore to the injured party double amount of the damage.

Miles, qui commilitonem suum gladio vulnerat, caput amittit.

A soldier who wounds his comreade with a sword shall be beheaded.

Qui lapide commilitonem vulnerauit, aut ex industria seipsum, nisi fugines corporis dolorem, aut
morbum, aut mortem, hoc in se admiserit, verberatus militia reiicitur.

Any person who wounds his fellow-soldier with a stone, or deliberately wounds himself, unless
he does this to himself to escape body suffering, sickness, or death, shall be flogged and discharged
from the service
 Si miles seipsum vulnerauerit, vel alio quo modo mortem sibi consciuerit; si quidem corporis
dolorem sentiebat, vel morbo, vel furore adductus id fecit, adeoquoe prae pudore mori maluit: capitis
supplicium sane non patitur, sed cum ignomina mittitur. Si vero nihil tale praetendebat, quoniam
seipsum occidere conatus est, capite punitur.

If a soldier wounds himself, or in any other way attempts to take his own life: if suffering from
physical pain, or if he is driven to it by sickness or madness, or if he preferred death to disgrace, then of
course he is not put to death, but is dishonourably discharged. If, on the other hand, he offers nothing of
the sort as a defence for having attempted to kill himself, then he shall be punished with death.

Si miles aciei structae, vel pugnae, tempore stationem vel bandum suum reliquerit, et fugerit; aut
ex loco, quo constitutus erat, prosilierit, et cadauer spoliarit, aut ad persequendum hostem temere
procurrerit: eum capite puniri iubemus, et omna, quae ab ipso, ceu vero est simile, siblata fuerint,
auferri; et communitati legionis dari: quum aciei ordinem ipse dissoluerit, et hoc modo sociis suis insidias
parauerit.

If a soldier of the line of battle abandon his post or his battle standard, and flees; or if he dashes
out from the place where he has been posted and despoils a corpse, or if he rushes out heedlessly to
pursue the enemy, we order that he shall be punished with death, and all which it appears that he has
taken shall be taken from him and given to the community share of the legion, since it was he who
broke the line of the battle and in this was laid a snare for his comrades.

Si proelii publici vel pugnae tempore fuga facta fuerit absque iusta quadam et eiudento caussa;
iubemus, vt… milites illius legionis, quae prima fugit, et statione sua, pro parte sua scilicet cessit,
quotquot… ad pugnam ordinati fuere, decimentur; et a reliquis legionibus iaculis configantur: vt qui
ordinem acieci dissoluerint, et auctores fugae ceterorum exstiterint. Si vero quosdam ex ipsis in pugna,
ceu credible est, sauciari contigerit: hos eiusmondi criminis expertes esse iubemus.

If during a general action, or in time of the battle, a retreat occurs without a justifiable and
manifest cause, we order that the soldiers of that legion which first turned in flight and, of course, on its
own responsibility abandoned its station, shall, in such number as were in the line of battle, be
decimated; and that they shall be run through with spears by the other legions fro braking the line of
the battle and causing the flight of others. If any of these, as may happen, sustained wounds in the
battle, they sall be exempted from this kind of punishment.

Si bandum ab histibus, absque iusta quadam et manifesta caussa, fuerit interceptum; iubemus,
vt ii, quibus custodia bandi credita fuit, castigentur; et vltimi fiant inter eos, qui ipsis subiiciebantur, hoc
est, in iis scholis, ad quas referuntur. Si vero quosdam ex ipsis pugnates sauciari contigerit, hi ab
eiusmodi poena seruentur immunes.

If a standard is captured by the enemy without justifiable and manifest cause, we order that
they to whom the custody of the standard was entrusted shall be chastised; and that they shall be
reduced to the bottom of the list of their own subordinates, that is, in the inferior units to which they
are transferred. If it so happen that some of them have been wounded in te battle, these shall not be
subject to this kind of punishment.

Si fossato adhuc integro, fuga partis, vel aciei totius acciderit, et milites in fugam acti nec ad
defensores cucurrerint, nec ad ipsum fossatum sese receperint, sed id negligentes alium in locum
abierint: iubemus, vt hoc facere audented puniantur, veluti qui et sociorum non habuerint, et
consternationis auctores exstiterint.

If, while the fortifications are still intact, there is a retreat of part or all of the battle line, and the
soldiers set into retreat do not join with the defenders of the works, or retire to their own defensive
positions but, ignoring the fortifications, pass on elsewhere, we order those who so dare shall be
punished for want of consideration of their comrades and for causing the ensuing panic.

Si miles tempore pugnae arma sua abiecerit, puniri eum iubemus, veluti qui et seipsum nudarit,
et hosted armarit.

If a soldier throws away his arms in time of the battle, we order him punished both for
disarming himself and arming the enemy.

Si quis in bello rem sibi prohibitam a duce suo fecerit, vel ab eo sibi mandata non impleuerit;
capite punitor, etiamsi rem bene gesserit.

If any person, in war, commits an act that is forbidden by his commander or fails to execute a
command, he shall be punished with death, even if his mission is successfully accomplished.

Qui primus in acie fugit in conspectu militum, capite punitur.

Whoever in the battle line first takes to flight shall be put to death in the sight of the soldiers.

Qui de statione sua in pugna excesserit, aut fustibus caeditur, aut militiam suam mutat.

Any person who quits his post in battle shall be either beaten with cudgels or changed in breach
of service.

Si quis vallum sibi adsignatum excesserit, aut per murum castra fuerit ingressus; poena capitis
adficitur. Si vero fossam castrorum transiliat, militiam amititt.

If any person quits the rampart assigned to him, or enters the camp over the wall, he shall suffer
death. If he jumps over the trench he shall be dismissed from the service.

Miles, qui militiam suam deserit, aut flagris caeditur, aut militia sua mouetur.

A soldier who deserts his own branch of the service shall either be flogged with a whip or
transferred out of his branch of service.

Si militer praepositum suum deseruerint, vel ab hostibus compraehendi permiserint; nec, quum
seruare possent, protexrint; atque hinc eum mori cotigerit: capite puniuntur.

If soldier abandons their commander, or permit him to be captured by the enemy, or if they do
not protect him when they could do so, and for this reason he is killed, they shall be punished with
death.
 Si quis, cui custodia vel vrbis vel castrorum credita fuerit, ea prodiderit; aut quum ea defendere
posset, praeter voluntatem praesidis sui, vel extra necessitatem at vitae periculum tendentem, inde
recesserit: capitis supplicio damnabitur.

If any person to whom the custody of either a city or camp has been entrusted betrays such
trust, or when able to defend them withdraw from them without authority of his commander, or
without necessity in the form of compelling danger to his life, he shall be condemned to the punishment
of death.

Destinatus ad custodiam palatii, si excubias in eo faciundas deseruerit; vltimo supplicio adficitur,

aut quid humanitatis impetret, verbaratus militia reiicitur.

If a person detailed as palace guard desert his watch while on duty therein, he shall suffer the
supreme penalty, or if he obtain mercy he shall be flogged and dismissed from the service.

Si qui personas custodientes, per negligentiam eas amiserint; aut verberantur, aut pro modo
delicti militiam suam amittere debent. Quod si miseratione personas dimiserint, militia reiiciuntur. Sin
fraude, capite puniuntur, vel in extremum gradum militiae siae detrundutur.

If guards of prisoners, through negligence, allow them to escape, they shall either be flogged, or,
according to the degree of the offense, be dismissed from the service. If they let the prinosers go
through pity, they shall be dismissed from the service but if with evil intent, they shall be punished with
death or be reduced to the lowest grade of their service.

Milites, qui ex custodia fugerint, siquidem ruptis vinculis, aut parte carceris laxata, vel alio dolo
contra custodes adhibitio, fugam eiusmodi pararint: capite puniuntur. Sine autem illorum negligentia,
quibus custodia credita fuit, euaserint; mitius punintur.

Soldiers who escape from custody as prisoners, if they prepare for flight by breaking their
shackles, or by breaking open some part of the prison, or by practicing some other deceit upon the
keepers, they shall be punished with death. But if they escape through the negligence of the keepers to
whom they have been entrusted, they shall be punished less severely.

Militi, qui puellae vim adtulerit, et stuprauerit eam, nares abscindutor: data puellae tertia militis
facultatum parte.

A soldier who takes a girl by force and rapes her shall have his nose cut off, and the girl shall be
given a third part of his property.

Qui furantur in fossato, siquidem arma subtraxerint, acriter verberantur, aut duriter ac magna vi
flagellantur. Sin iumenta furati fuerint, manus eis abscindunturl quia iumenta magis necessaria sunt,
quam arma. Nam haec dumtaxat ad pugnam, illa vero quouis tempore sunt vtilia.

Those who commit theft in camp, if they take arms, shall be flogged severely with rods, or
severely and with great force with a whip; but if they steal pack animals their hands shall be cut off,
because pack animals are more necessary than arms. For arms are useful only in battle, while pack
animals are useful at all times.
 Miles, qui quocumque loco, quamcumque speciem furatur, et duplum praestat, et militia
reiicitur.

A soldier who steals anything whatever at any place whatever shall restore it twofold and be
dismissed from the service.

Si qiu iumentum, aliamve speciem, paruam aut magnam, inuenerit; eamque non manifestauerit,
et praesidi suo tradiderit: tam ipse veluti fur, quam conscii, qui rem caelauerunt, castigator.

If any person finds a stray animal, or anything else, great or small, and does not report it and
turn it over to his commander, he shall be chastised as a thief, and likewise those privy to the matter
who conceal it.

Miles arma aliena surripiens, militiae gradu detruditur.

A soldier who steals the arms of another shall be reduced in military rank.

Militibus, qui in vino, et ebrietate, vel ex alia quapiam lasciuia labuntur et peccant, capitis
quidem poena remittiur; sed militiae mutatio irrogatur.

Capital punishment shall be remitted in the case of soldiers who err and transgress on account
of wine and drunkenness or other such licentiousness; but they must be transferred to another branch
of service.

Annonam exercitui missam nemo comparare potest. Qui comparauerit, si honestus et dignitate
constitutus est, proscribitur; sin humulis, capite punitur.

No one can buy provisions that are sent to the army. Such a buyer if of high rank and dignity of
position, shall be proscribed; but if of humble station he shall be punished with death.

Praepositi, et qui quocumque modo conseruatores sunt exercitus, si pecuniam a praediis

extorserint; in duplum condemnatur.

Commanders or those who are in any way charged with the maintenance of the army who
extort money from landed estates shall be fined twice such amount.

Maior militis defuncti filius in locum patris sui succedit, et easdem annonas accipit.

The eldest son of a deceased soldier shall succeed to his father’s place and receive the same
pay.

Qui hostes lacessit, aut civem Romanum hostibus prodit, extremo supplicio obnoxius est.

Any person who provokes the enemy or betrays to the enemy a Roman citizen shall be subject
to the supreme punishment.
 Quisquis militiam detrectauerit, militariter punitur. Nam grace delictum est, militiae munera
detrectare. Qui enim vocantur, vt militent, atque aufugiunt; tamquam propriae libertatis proditores in
seruitutem rediguntur.

Whoever evades military service shall receive military punishment. For it is a grievous
transgression to evade the duties of military service. Those therefore who are called to serve, and who
evade such call, shall be reduced to slavery as betrayers of their own freedom.

Si quis filium suum belli tempore subtraxerit militiae, et relegatur, et parte patrimonii siu
publicata multatur. Si quis autem filium suum belli tempore debilitarit, vt inhabilis ad militiam
inueniatur; in exsilium mittitur.

If any person removes his son from the army in time of war, he shall be banished and a part of
his estate confiscated. But if he disables his son in time of war, so that he will be found unfit fir military
service, he shall be sent into exile.

Quicumque metu hostium languorem corporis simulauerit, capite punitor.

Whoever, from fear of the enemy, feigns bodily ailment, shall be punished with death.

Ei exploratores Romani exercitus, hostbus secreta Romanorum consilia nuntiauerint; capite

puniuntur.

If scouts of the Roman army reveal secret plans of the Romans to the enemy, they shall be
punished with death.

Si quis vagari fuerit ausus vltra diem commeatus, et militia reiicietur, et ut paganus ciulibus
magistratibus tradetur.

If any person dares continue absent beyond the expiration of his furlough, he shall be dismissed
from the service and, as a civilian, turned over to the civil authorities.

Si quis belli tempore militem dimittere cum commaetu fuerit ausus, triginta solidorum poenam
praestet. Quo vero tempore miles in hibernis agit, duorum aut trium mensium commeatum habeat. Pacis
autem tempore, pro distantia prouinciae commeatus militi conceduntor.

If any person dares permit a soldier to go on furlough in time of war he shall be subject to a fine
thirty solidi. When in winter quarters, on the other hand, a soldier may have a furlough of two or three
months. But in time of peace furloughs are granted in accordance with the remoteness of the province.

Si miles bellum instare sciens, vagatus fuerit, vel a fossato recesserit, vel primus in acie fugerit in
conspectu militum, vel arma sua perdiderit, aut vendiderit; capitis supplicio multatur. Sin humaniorem
sententiam obtinuerit, verbaratus militiam mutat.

A soldier who goes absent knowing that war is at hand, or who withdraws from the ramparts, or
who is the first in the battle line to flee in the sight of the soldiers, or who loses or sells his arms, shall
suffer capital punishment; but if granted mercy he shall be flogged and transferred to another branch of
the service.
 Si quis inito consilio transfugiendi ad barbaros, comprehensus fuerit: etiam ipse capite punitur.

If any person plots to desert to the barbarians and is apprehended, he shall surely suffer death.

Profugus tempore belli, capite punitur: tempore vero pacis, si eques sit, gradum mutat; si pedes,
militia reiicitur.

A fugitive in time of war shall be punished with death. In time of peace, however, he shall be
demoted in rank in cavalryman, or dismissed from the service if a foot soldier.

Qui ad barbaros proficiscitur, aut ipsis occasione legationis venientibus, arma vel laborata vel
illaborata vendit, aut qualecumque ferrum; vltimo supplicio obnoxius est.

Any person who goes out to the barbarians, or on the occasion of their coming to him as
emissaries, sells them finished or unfinished arms, or iron of any sort, shall be subject to the supreme
punishment.

Transfugae, et qui consilia nostra hostibus nuntiant; comburuntur, aut furca suspenduntur.

Deserters to the enemy and those who reveal our plans to the enemy shall be burned alive or
hanged upon the gibbet.

Eos, qui ex partibus Romanis ad hostes aufugiunt, impune licet vt hostes occidere.

Those who flee from the Roman side to the enemy may be killed with impunity, ad enemies.

Si quis conuictus fuerit semetipsum histibus dedere voluisse vltimo supplicio subiicietur: nec ipse
dumtaxat, sed & facti conscii, qui id reticuerint.

If any person is convicted of having wished to surrender himself to the enemy, he shall be
subject to the supreme punishment; and not merely he, but any of his confidants who may have kept
the matter secret.

Qui ad hosted aufugit, et rediit; torquetur, et vel ad bestias datur, vel ad furcam condemnatur.

Any person who flees to the enemy and returns shall be tortured and either given to wild beast
or condemned to the gibbet.

Servus, qui ab hostibus capitur, et ita reuertitur, vt rupturas membrorum, quas ab eis pro
republica passus est, ostendat; staim liber esto. Qiu vero absque ruptura reiertiru, ad quinquennium
domino suo seruiat. Qui denique sponte transfugerit, et reuersus fueritl ad totum vitae tempus seruus
esto.

A slave who is captured by the enemy and on his return can show broken limbs that he has
suffered for the state, shall be set free at once. But if he return without such a break he shall serve his
master for a period of five years. If he voluntarily deserts to the enemy and is brought back, he shall be a
slave for the rest of his life.
 Homo liber ab histibus redemtus, et laribus suis restitutus, si ad prestandum pretium, de quo
conuenit, locuples est; liber dimittatur. Sin est inops, apud emtorem mercanarius sit, donec impleta
fuerit, quae pactus erat.

A free man ransomed from the enemy and restored to his home, if he has sufficient means to
restore the agreed ransom, he shall be set free. But if he is without means he shall work for his
ransomer until he has earned the agreed amount.