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[p. 141] Military Science we read the following: 1 "When a levy was made in ancient times and soldiers were enrolled, the tribune of the soldiers compelled them to take an oath in the following words dictated by the magistrate: 'In the army of the consuls Gaius Laelius, son of Gaius, and Lucius Cornelius, son of Publius, and for ten miles around it, you will not with malice aforethought commit a theft, either alone or with others, of more than the value of a silver sesterce in any one day. And except for one spear, a spear shaft, wood, fruit, fodder, a bladder, a purse and a torch, if you find or carry off anything there which is not your own and is worth more than one silver sesterce, you will bring it to the consul Gaius Laelius, son of Gaius, or to the consul Lucius Cornelius, son of Publius, or to whomsoever either of them shall appoint, or you will make known within the next three days whatever you have found or wrongfully carried off, or you will restore it to him whom you suppose to be its rightful owner, as you wish to do what is right.' “Moreover, when soldiers had been enrolled, a day was appointed on which they should appear and should answer to the consul's summons; then an oath was taken, binding them to appear, with the addition of the following exceptions: 'Unless there be any of the following excuses: a funeral in his family or purification from a dead body 2 (provided these were not appointed for that day in order that he might not appear on that day), a dangerous disease, 3 or an omen which could not be passed by without expiatory rites, or an anniversary sacrifice which could not ”
1 Frag. 13, Huschke; 2, Bremer.
2 feriae denicales (from de and nex) are thus described by Paul. Fest. p. 61, Linds.: colebantur cum hominis mortui causa familia purgatur. Graeci enim νέκυν mortuum dicunt.
3 See xx. 1. 27. It refers especially to epilepsy, also called morbus comitialis, or “election disease,” because if anyone present was attacked by it, elections, or other public business, might be postponed; cf. Suetonius, Jul. xlv. 1.
The Attic Nights of Aulus Gellius. With An English Translation. John C. Rolfe. Cambridge. Cambridge, Mass., Harvard University Press; London, William Heinemann, Ltd. 1927.
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