12-12-2019, 08:57 PM
Nathan Ross Wrote:Although I think we've discussed before whether and to what extent the various rulings in the various digests were applied in reality, particularly as regards very draconian-sounding military punishments...
These may be maxima and some mitigation could have been allowed. Indeed, in some instances mitigating circumstances are set out. According to Tacitus (Agricola, 1.9), military trials were pretty rough-and-ready affairs, with a tendency to harshness, but he hints that the unit commander, in his judicial capacity, had some discretion. In the instant case, the centurion may have been particularly brutal, which might account for the soldier having threatened him in the first place, but in a trial the commanding officer would be bound to uphold the authority of the centurion and the soldier and his supporters could expect little mercy. If this were the case, the only person to come well out of the affair is the slave. I hope that the centurion rewarded him for his loyalty by granting him his freedom.
Michael King Macdona
And do as adversaries do in law, -
Strive mightily, but eat and drink as friends.
(The Taming of the Shrew: Act 1, Scene 2)
And do as adversaries do in law, -
Strive mightily, but eat and drink as friends.
(The Taming of the Shrew: Act 1, Scene 2)