[IDEM libro secundo de re militari. ] §49.16.13.prMilites agrum comparare prohibentur in ea prouincia, in qua bellica opera peragunt, scilicet ne studio culturae militia sua auocentur.
[THE SAME, from the second book on Military Affairs.] Soldiers are prohibited from purchasing land in the province in which they perform military service, clearly so that they may not be distracted from their military duty by enthusiasm for cultivation.
et ideo domum comparare non prohibentur.
And for this reason they are not prohibited from purchasing a house.
sed et agros in alia prouincia comparare possunt.
But they can also purchase land in another province.
ceterum in ea prouincia, in quam propter proelii causam uenerunt, ne sub alieno quidem nomine eis agrum comparare licet: alioquin fisco uindicabitur.
However, in the province to which they have come for the purpose of battle, they are not allowed to purchase land even under another person's name; otherwise, it will be confiscated to the treasury.
§49.16.13.1Is autem, qui contra disciplinam agrum comparauerit, si nulla de ea re quaestione mota missionem acceperit, inquietari prohibetur.
But he who has purchased land contrary to discipline, if he has received discharge without any inquiry being initiated on that matter, is prohibited from being disturbed.
§49.16.13.2Illud constat huius praescriptionis commodum ad eos, qui ignominiae causa missi sunt, non pertinere, quod praemii loco ueteranis concessum intellegitur: et ideo et ad eum, qui causaria missus est, potest dici pertinere, cum huic quoque praemium praestatur.
It is clear that the benefit of this prescription does not pertain to those who have been discharged on account of ignominy, because it is understood to be granted to veterans in place of a reward; and for this reason, it can be said to pertain also to him who has been discharged for health reasons, since a reward is also bestowed on this person.
§49.16.13.3Missionum generales causae sunt tres: honesta causaria ignominiosa.
The general causes of discharge are three: honorable, for health reasons, ignominious.
honesta est, quae tempore militiae impleto datur: causaria, cum quis uitio animi uel corporis minus idoneus militiae renuntiatur: ignominiosa causa est, cum quis propter delictum sacramento soluitur.
Honorable is that which is granted when the time of military service is completed; for health reasons, when anyone is declared less fit for military service because of a defect of mind or body; the ignominious cause is when anyone is released from the military oath on account of an offense.
et is, qui ignominia missus est, neque Romae neque in sacro comitatu agere potest.
And he who has been discharged with ignominy can act neither in Rome nor in the imperial retinue.
et si sine ignominiae mentione missi sunt, nihilo minus ignominia missi intelleguntur.
And if they have been discharged without mention of ignominy, they are nevertheless understood to have been discharged with ignominy.
§49.16.13.4Inreuerens miles non tantum a tribuno uel centurione, sed etiam a principali coercendus est.
An irreverent soldier must be restrained not only by a tribune or a centurion, but also by a principalis.
nam eum, qui centurioni castigare se uolenti restiterit, ueteres notauerunt: si uitem tenuit, militiam mutat: si ex industria fregit uel manum centurioni intulit, capite punitur.
For the ancients noted him who resisted a centurion wishing to chastise him: if he held the rod, he changes his military service; if he intentionally broke it or laid hands on the centurion, he is punished with death.
§49.16.13.5Eius fugam, qui, cum sub custodia uel in carcere esset discesserit, in numero desertorum non computandam Menander scripsit, quia custodiae refuga, non militiae desertor est.
Menander wrote that the flight of him who departed while he was under custody or in prison should not be computed in the number of deserters, because he is a fugitive from custody, not a deserter from military service.
eum tamen, qui carcere effracto fugerit, etiamsi ante non deseruerit, capite puniendum Paulus scripsit.
However, Paulus wrote that he who has broken out of prison and fled, even if he did not desert before, must be punished with death.
§49.16.13.6Desertorem, qui a patre suo fuerat oblatus, in deteriorem militiam diuus Pius dari iussit, ne uideatur, inquit, pater ad supplicium filium optulisse. item diuus Seuerus et Antoninus eum, qui post quinquennium desertionis se optulit, deportari iusserunt.
The deified Pius ordered a deserter, who had been presented by his own father, to be assigned to inferior military service, 'lest,' he said, 'the father should seem to have presented his son for punishment.' Likewise, the deified Severus and Antoninus ordered him who presented himself after five years of desertion to be deported.
quod exemplum et in ceteris sequi nos debere Menander scripsit.
Menander wrote that we ought to follow this example in other cases as well.