[MODESTINUS libro quarto de poenis. ] §49.16.3.prDesertorem auditum ad suum ducem cum elogio praeses mittet, praeterquam si quid grauius ille desertor in ea prouincia, in qua repertus est, admiserit: ibi enim eum plecti poena debere, ubi facinus admissum est, diui Seuerus et Antoninus rescripserunt.
[MODESTINUS libro quarto de poenis.] The governor shall send a deserter who has been heard to his own commander with a report, unless that deserter has committed some more serious offense in that province in which he was found; for the deified Severus and Antoninus wrote in a rescript that he ought to be punished with a penalty where the crime was committed.
§49.16.3.1Poenae militum huiuscemodi sunt: castigatio, pecuniaria multa, munerum indictio, militiae mutatio, gradus deiectio, ignominiosa missio.
The punishments of soldiers are of this kind: corporal punishment, a pecuniary fine, imposition of additional duties, transfer to another branch of service, reduction in rank, and ignominious discharge.
nam in metallum aut in opus metalli non dabuntur nec torquentur.
For they shall not be sentenced to the mines or to labor in the mines, nor shall they be tortured.
§49.16.3.2Emansor est, qui diu uagatus ad castra regreditur.
A brief deserter is one who returns to the camp after wandering for some time.
§49.16.3.3Desertor est, qui per prolixum tempus uagatus reducitur.
A deserter is one who is brought back after wandering for a prolonged period.
§49.16.3.4Is, qui exploratione emanet hostibus insistentibus aut qui a fossato recedit, capite puniendus est.
He who overstays his leave while on reconnaissance when the enemy is pressing, or he who withdraws from the rampart, must be punished with death.
§49.16.3.5Qui stationis munus relinquit, plus quam emansor est: itaque pro modo delicti aut castigatur aut gradu militiae deicitur.
He who abandons his post is more than a brief deserter; therefore, according to the measure of the offense, he is either corporally punished or reduced in military rank.
§49.16.3.6Si praesidis uel cuiusuis praepositi ab excubatione quis desistat, peccatum desertionis subibit.
If anyone deserts the watch of the governor or of any commander, he shall incur the guilt of desertion.
§49.16.3.7Si ad diem commeatus quis non ueniat, perinde in eum statuendum est, ac si emansisset uel deseruisset, pro numero temporis, facta prius copia docendi, num forte casibus quibusdam detentus sit, propter quos uenia dignus uideatur.
If anyone does not return by the day his leave expires, he must be dealt with just as if he had overstayed his leave or deserted, according to the length of time, an opportunity to explain having first been given, as to whether he was perhaps detained by certain circumstances because of which he might seem worthy of pardon.
§49.16.3.8Qui militiae tempus in desertione impleuit, emerito priuatur.
He who has completed his term of service while in a state of desertion is deprived of his veteran's discharge benefits.
§49.16.3.9Si plures simul primo deseruerint, deinde intra certum tempus reuersi sint, gradu pulsi in diuersa loca distribuendi sunt.
If several desert together for the first time, and then return within a certain time, they must be stripped of their rank and distributed to different locations.
sed tironibus parcendum est: qui si iterato hoc admiserint, poena competenti adficiuntur.
But recruits are to be spared; if they commit this a second time, they shall be subject to the appropriate punishment.
§49.16.3.10Is, qui ad hostem confugit et rediit, torquebitur ad bestiasque uel in furcam damnabitur, quamuis milites nihil eorum patiantur.
He who flees to the enemy and returns shall be tortured and condemned to the beasts or to the gallows, although soldiers ordinarily suffer none of these things.
§49.16.3.11Et is, qui uolens transfugere adprehensus est, capite punitur.
And he who is apprehended while intending to desert is punished with death.
§49.16.3.12Sed si ex improuiso, dum iter quis facit, capitur ab hostibus, inspecto uitae eius praecedentis actu uenia ei dabitur, et, si expleto tempore militiae redeat, ut ueteranus restituetur et emerita accipiet.
But if anyone is unexpectedly captured by the enemy while on a journey, pardon shall be given to him after investigating the conduct of his past life; and if he returns after his term of military service has expired, he shall be restored as a veteran and receive his discharge benefits.
§49.16.3.13Miles, qui in bello arma amisit uel alienauit, capite punitur: humane militiam mutat.
A soldier who has lost or alienated his arms in war is punished with death; under a lenient sentence, he changes his branch of service.
§49.16.3.14Qui aliena arma subripuit, gradu militiae pellendus est.
He who has stolen another's arms must be expelled from his military rank.
§49.16.3.15In bello qui rem a duce prohibitam fecit aut mandata non seruauit, capite punitur, etiamsi res bene gesserit.
In war, he who has done a thing forbidden by his commander or has not kept his orders is punished with death, even if he has achieved success.
§49.16.3.16Sed qui agmen excessit, ex causa uel fustibus caeditur uel mutare militiam solet.
But he who has left the line of march is, depending on the cause, either beaten with cudgels or is accustomed to change his branch of service.
§49.16.3.17Nec non et si uallum quis transcendat aut per murum castra ingrediatur, capite punitur.
Likewise, if anyone climbs over the rampart or enters the camp by the wall, he is punished with death.
§49.16.3.18Si uero quis fossam transiluit, militia reicitur.
But if anyone leaps across the ditch, he is expelled from the service.
§49.16.3.19Qui seditionem atrocem militum concitauit, capite punitur.
He who has stirred up a violent mutiny among the soldiers is punished with death.
§49.16.3.20Si intra uociferationem aut leuem querellam seditio mota est, tunc gradu militiae deicitur.
If a mutiny is raised within the limits of clamor or a slight complaint, then he is reduced in military rank.
§49.16.3.21Et cum multi milites in aliquod flagitium conspirent uel si legio deficiat, auocari militia solent.
And when many soldiers conspire in some outrage, or if a legion revolts, they are accustomed to be discharged from the service.
§49.16.3.22Qui praepositum suum protegere noluerunt uel deseruerunt, occiso eo capite puniuntur.
Those who refused to protect their commander or deserted him, when he has been killed, are punished with death.