Fustuarium In the military of ancient Rome , fustuarium ( Greek ξυλοκοπία , " xylokopia " ) or fustuarium supplicium ( " the punishment of cudgeling " ) was a severe form of military discipline in which a soldier was cudgel ed to death . It is described by the Greek historian Polybius in a passage observing that Roman soldiers were motivated to stand fast and maintain their posts by the fear of harsh punishments such as public disgrace , flogging , and death . As a form of discipline imposed on a soldier , " fustuarium " thus reflected Roman doubts that courage alone was sufficient to ensure the steadfastness of the average soldier — an awareness that Julius Caesar shows in his war commentaries . " Fustuarium " was the penalty when a sentry deserted his post and for stealing from one ' s fellow soldiers in camp . A soldier who committed an act of theft " ( furtum ) " against civilians by contrast had his right hand cut off . The " fustuarium " was also the punishment for falsifying evidence and lying under oath , or for committing the same offense three times . It is sometimes thought that homosexuality incurred this punishment , but Polybius limits potential offenders to " young men who have abused their persons " , that is , who have willingly submitted to penetration . A Roman man could engage in same - sexual relations without loss to his status or perceived masculinity , as long as he took the dominant or penetrative role , but making sexual use of a fellow citizen ' s body was a violation of the principle of liberty . Acceptable male partners had to be of lower status , in the military typically slaves . A soldier who chose to be penetrated " abused his person " by violating the sexual hierarchy , especially since Romans equated sexual and military dominance . He undermined military discipline if he offered himself as sexually receptive in exchange for gifts or favors . Conversely , when Roman historians condemn incidents of sexual harassment from superior officers , it is emphasized that the subordinate did nothing to encourage the advances . All the behaviors punishable by the " fustuarium " — desertion , stealing , false witness , sexual misconduct and repeat offenses — thus violate trust " ( fides ) " among fellow soldiers , and the cudgeling was administered communally . " Fustuarium " was inflicted on a single soldier who committed an offense , and thereby differs from decimation , when a unit that had mutinied or disgraced itself by cowardice was compelled to select every tenth man and stone or club him to death by their own hands . The distinction between " fustuarium " and decimation , however , may be illusory and is difficult to discern in passing references by literary sources . " Fustuarium " is a strikingly archaic form of punishment at odds with Roman legal practice in the historical era ; stoning was also alien to the Romans , except in a military setting , perhaps suggesting the conservatism of martial tradition . " Fustuarium " may have originated as a religious rite of purification by means of which the unit purged itself through something like a scapegoat or " pharmakos " ritual . Germanicus , for instance , permitted mutinous soldiers to butcher their leaders to clear themselves of their guilt . " Fustuarium " in combination with decimation is relatively rare in the historical record . Incidents include Marcus Crassus , punishing forces defeated by Spartacus early in his command of the war ; Apronius , deserters against Tacfarinas ; and four occasions during the civil wars between 49 and 34 BC .