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soldiers and civil law - Lothia - 10-07-2018
Ave Civitas,
I remember reading, and of course can't find the source now, that soldiers were immune from civil jurisdiction, trial, and punishment and any case against them must go through a military trial.
Is this true? Have I been drinking too much?
And, if it is true, where did I find it before?
Again, thanks in advance for your help.
RE: soldiers and civil law - Renatus - 10-08-2018
Soldiers were exempt from certain punishments, such as being sent to the mines or to the beasts. What you possibly have in mind, however, is Juvenal, Satires 16, which says that a civilian dare not strike a soldier and, if a soldier strikes him, he cannot go to a civil magistrate. The case would be heard before a military court, where he would get an unsympathetic hearing and could himself be sentenced to a beating more severe than that administered to him in the first place. There was a long-standing rule that a soldier could not appear in a court outside the camp or far from the standards. If a soldier himself brought a case, it would be heard at a time of his choosing, without his having to endure the delays to which a civilian litigant would be subject. The rationale is not explained but it is possibly due to the requirement that a soldier be constantly available for duty, not in court away from the camp or tied up in long-running litigation.
RE: soldiers and civil law - Lothia - 10-08-2018
Thanks for your reply.
I don't recall ever reading Juvenal but that does sound very familar. I can almost picture the page I read them on and I thought it was AHM Jones. I just can't find it again.
But, I wonder, how much truth there is in Juvenal's satire. Since this information is to be used in a novel, perhaps I can use it without violating history.
Again, thanks.