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Military Tribune Pay?
#16
Well I still find it interesting, send me the page on pay would be still more than almost nothing
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Gelu I.
www.terradacica.ro
www.porolissumsalaj.ro
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#17
(01-12-2016, 10:45 AM)AustralianMagic Wrote: Fourth is my favourite. It's about "Law from Ruffus". A whole codex of military offences and punishments.

Do you have any views on the date of this code? It strikes me as being more Byzantine than Principate or Dominate, especially the one on having the offender's nose cut off for rape, although there are parallels with the Digest. If I remember aright, it survives only as a copy of a Byzantine original but I am open to correction on this.
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)
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#18
(01-12-2016, 02:57 PM)Renatus Wrote:
(01-12-2016, 10:45 AM)AustralianMagic Wrote: Fourth is my favourite. It's about "Law from Ruffus". A whole codex of military offences and punishments.

Do you have any views on the date of this code? It strikes me as being more Byzantine than Principate or Dominate, especially the one on having the offender's nose cut off for rape, although there are parallels with the Digest. If I remember aright, it survives only as a copy of a Byzantine original but I am open to correction on this.

Well, the origins are unknown.
There are many issues with Law from Ruffus. We must thank to Johan Lovenklau for the most complete version and I gues that's the only thing we can be sure of.
Firstly, there are rumour that Lovenklau added something to the original text.
Secondly, his work about Graeco-Roman law was translated from greek to latin BUT we might suspect that laws from ruffus were in latin already so did he rewirte them word after word? Or did he change the words for more medieval latin? If not, how old the text is? He was using Francois Pithou manuscript, but how much this manuscript was written in medieval latin and how much had survived from original text?
Trhidly, as for the timeline... Well it's hard to tell. It could be written even at the end of II BC by Publius Rutilius Rufus or maybe by the author of Strategica? We don't know but we can say for sure that it was made a way before Digesta. Why? Because Digesta in military part (49.16) are very very similar to Rufus'. The only difference is language. "Modern" words but same message. For example:

Rufus':

A soldier shall not purchase a landed estate where he serves, unless it be to redeem his ancestral estate from the Treasury



Digesta:

Soldiers are forbidden to purchase land in the provinces in which they serve, except where property of their parents is sold by the Treasury; for Severus and Antoninus made an exception under such circumstances

In such case we can assume that laws from Ruffus are older than 138 AD. But that's just assumption.

Too many questions without an answers Smile
Damian
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#19
(01-12-2016, 03:45 PM)AustralianMagic Wrote: Trhidly, as for the timeline... Well it's hard to tell. It could be written even at the end of II BC by Publius Rutilius Rufus or maybe by the author of Strategica? We don't know but we can say for sure that it was made a way before Digesta.

C. E. Brand (Roman Military Law, Austin: University of Texas Press, 1968, p. 138) cites Jean Mortreuil as rejecting Rutilius Rufus as too unlikely. What Mortreuil actually says (Histoire du Droit Byzantin I, Paris, 1843, p. 391) is, 'il ne faut certainement pas confondre ce Rufus comme l'ont fait quelques critiques avec P. Rutilius Rufus, consul de Rome en 649, qui n'a rien écrit sur le droit militaire.' Brand follows other scholars (H. Peter and M. von Schanz) in suggesting Sextus Ruffus Festus, who apparently served as a provincial governor and military commander under Valentinian II.

Brand quotes a ruling of Menander in the Digest which echoes Ruffus but states that the practice was that of earlier times. This indicates that Ruffus was pre-Justinian but not necessarily pre-Severan, as the passage could be subject to interpolation. The reviewer of Brand's book in the American Historical Review describes the Military Laws from Ruffus as 'a Byzantine treatise that has preserved much earlier material', which seems to imply a suggestion that it contains a mixture of material from different periods.

NB 649 in Mortreuil is AUC, not AD, i.e., 105 BC.
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)
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#20
I was lucky enogh to get Brand's book for a week and I have shots of each page about Laws from Ruffus Smile
Damian
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