XXX VII — TRAJAN TO PLINY
As my freedman Maximus was going upon an extraordinary commission to procure corn, I approve of your having supplied him with a file of soldiers. But when he shall return to the duties of his former post, I think two from you and as many from his coadjutor, my receiver-general Virdius Gemelhinus, will be sufficient.
XXXVIII To THE EMPEROR TRAJAN
THE very excellent young man Sempronius Caelianus, having discovered two slaves[1031] among the recruits, has sent them to me. But I deferred passing sentence till I had consulted you, the restorer and upholder of military discipline, concerning the punishment proper to be inflicted upon them. My principal doubt is that, whether, although they have taken the military oath, they are yet entered into any particular legion. I request you therefore, Sir, to inform me what course I should pursue in this affair, especially as it concerns example.
XXXIX — TRAJAN TO PLINY
SEMPRONIUS CAELINUS has acted agreeably to my orders, in sending such persons to be tried before you as appear to deserve capital punishment. It is material however, in the case in question, to inquire whether these slaves in-listed themselves voluntarily, or were chosen by the officers, or presented as substitutes for others. If they were chosen, the officer is guilty; if they are substitutes, the blame rests with those who deputed them; but if, conscious of the legal inabilities of their station, they presented themselves voluntarily, the punishment must fall upon their own heads. That they are not yet entered into any legion, makes no great difference in their case; for they ought to have given a true account of themselves immediately, upon their being approved as fit for the service.