[PAULUS libro singulari de poenis militum. ] §49.16.14.prQui commeatus spatium excessit, emansoris uel desertoris loco habendus est.
[PAULUS, from the single book on Punishments of Soldiers.] He who has exceeded the period of his leave is to be regarded in the place of a late-returner or a deserter.
habetur tamen ratio dierum, quibus tardius reuersus est: item temporis nauigationis uel itineris.
However, account is taken of the days by which he returned later, and likewise of the time of navigation or journey.
et si se probet ualetudine impeditum uel a latronibus detentum similiue casu moram passum, dum non tardius a loco profectum se probet, quam ut occurrere posset intra commeatum, restituendus est.
And if he proves that he was impeded by ill health, or detained by robbers, or suffered delay by a similar accident, as long as he proves that he did not set out from the place later than would have allowed him to arrive within his leave, he must be reinstated.
§49.16.14.1Arma alienasse graue crimen est et ea culpa desertioni exaequatur, utique si tota alienauit: sed et si partem eorum, nisi quod interest.
To have alienated weapons is a serious crime, and that fault is equated to desertion, especially if he alienated all of them; but also if he alienated a part of them, unless there is a difference in what is involved.
nam si tibiale uel umerale alienauit, castigari uerberibus debet, si uero loricam scutum galeam gladium, desertori similis est.
For if he alienated a greave or a shoulder-guard, he ought to be chastised with lashes; but if indeed a cuirass, a shield, a helmet, or a sword, he is similar to a deserter.
tironi in hoc crimine facilius parcetur armorumque custodi plerumque ea culpa imputatur, si arma militi commisit non suo tempore.
A recruit will be more easily spared in this crime, and that fault is usually imputed to the keeper of the weapons, if he committed the weapons to a soldier at an improper time.