12-02-2005, 07:19 PM
I know it's perhaps an obvious one, but wouldn't the objections of the legions at Brundisium in 40 BC come into this? They didn't want to fight, at least ostensibly, because they didn't believe that it was right to do so. That said, I'm not sure a direct order was disobeyed in the process - it was more that they indicated their reluctance to do so.
The problem, I suppose, is that there's not really a higher court to appeal to if you're a Roman soldier. A commander holds imperium and anything you do under his command can be judged by him. You couldn't appeal to a civil court against an unfair order, nor could you appeal, say, to an independent military tribunal. You're pretty much stuffed, aren't you? Unless you can plead overwhelming military reasons for not following an order, then you're in trouble.
You might, I suppose, disobey a military tribune on conscientious grounds and appeal to the commander, but I don't know any examples of this (the reluctance of the troops sent to execute the orator Antonius during the 80s BC perhaps [the military tribune commanding them had to go in and do it after Antonius beguiled the troops with his oratory], but this was only delay, and not, again, a refusal to act) - you'd be very brave to try!
If anyone can think of any examples, however tenuous (e.g. the above), I'd love to hear them.
blue skies
Tom
The problem, I suppose, is that there's not really a higher court to appeal to if you're a Roman soldier. A commander holds imperium and anything you do under his command can be judged by him. You couldn't appeal to a civil court against an unfair order, nor could you appeal, say, to an independent military tribunal. You're pretty much stuffed, aren't you? Unless you can plead overwhelming military reasons for not following an order, then you're in trouble.
You might, I suppose, disobey a military tribune on conscientious grounds and appeal to the commander, but I don't know any examples of this (the reluctance of the troops sent to execute the orator Antonius during the 80s BC perhaps [the military tribune commanding them had to go in and do it after Antonius beguiled the troops with his oratory], but this was only delay, and not, again, a refusal to act) - you'd be very brave to try!
If anyone can think of any examples, however tenuous (e.g. the above), I'd love to hear them.
blue skies
Tom
Tom Wrobel
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