Rufus’ military rights

Thanks to the work of Johann Lowenklau, we have the opportunity to get acquainted with the collection of military rights commonly referred to as Rufus’ military rights. This collection was one of the three codices attached to the Eclipse, and it is thanks to the aforementioned German scholar that we have survived to our times. 

He translated it from Greek and Latin and then attached it to the second volume of a set of Byzantine laws published in 1596 (Iuris Graeco-Romani tomi duo). Most of the text of the set of laws has been translated from Greek into medieval Latin, but this does not apply to Rufus’ Laws, which appear to be written in Latin. We can not, however, state if the Latin text is entirely original, or Lowenklau translated it into Latin then¹.

We can not say Rufus’s identity with absolute certainty, although there are several theories. One of them says that the author of Rufus’s Rights is the same person who wrote the work Strategica containing a description of the military strategies of different peoples. It can be concluded that the author of both works had to be a person with high military qualifications. However, it seems strange that a person with such a high military knowledge, survived until the Middle Ages only in the form of the first name, while many Roman historians or strategists are still alive today. Therefore, it should be taken into account that it could only be a nickname added to².

It is very possible that this codex comes from a much earlier period, that is, the second century BCE. This theory says it was written by the consul of 105 BCE Publius Rutilius Rufus. He was a rhetoric, a statesman and, above all, he had extensive military experience that would allow him to write a complete military regulation³.

Below is the text of “Rufus’ military rights” in Latin and with English translation by William Thurman from 1961, which can be found in C.E. Brand under the title “Roman Military Laws”.

Leges Militares

1. 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 teporarily 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 conemned to exile; if for cause involving perpetual infamy, we shall observe the same.

2. Qui cum infamia, ex quaecumque caussa, missi sunt; nullum honorem obtinere vel gerere possunt.

Person who have been dishonorably discharged, for whatever cause, can neither occupy nor administer any public office.

3. 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.

4. 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.

5. 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.

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

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

7. 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 civial office: if they do they shall be dismissed from the service and forfeit their military privileges.

8. 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

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

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

10. 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 punisment, espiecially those who are identified as authors and leaders of the conspiracy or mutiny.

11. 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 insuborditation of a soldier toward a commanding general or commander-in-chief-call for capital punisment.

12. 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.

13. 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 higer commander about it.

14. Si quis militum praeposito suo manus intulerit, capite punitor.

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

15. 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.

16. 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 i