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Justinian I · The Digest of Justinian §27.1.18.pr

Children Fallen in Battle as Grounds for Exemption

Passage 3959 of 9271 · Latin

Summary

Regarding the scope of children lost in war who count towards the excuse from tutelage, Ulpian states that only those who fell in battle for the state should be included, rather than anyone lost generally due to war.

[ULPIANUS libro uicensimo ad legem Iuliam et Papiam. ] §27.1.18.prBello amissi ad tutelae excusationem prosunt: quaesitum est autem, qui sunt isti, utrum hi, qui in acie sunt interempti an uero omnes omnino, qui per causam belli parentibus sunt abrepti, in obsidione forte.
[ULPIANUS, from the twentieth book on the Julian and Papian Law.] Those lost in war are of benefit for the excuse from tutelage. However, it has been asked who those persons are: whether those who were slain in battle, or indeed absolutely all those who, by reason of war, were snatched away from their parents, for instance in a siege.
melius igitur probabitur eos solos, qui in acie amittuntur, prodesse debere, cuiuscumque sexus uel aetatis sint: hi enim pro re publica ceciderunt.
Therefore, it will be better approved that only those who are lost in battle ought to be of benefit, of whatever sex or age they may be; for these fell for the state.

Notes

  1. §27.1.18.prBello amissi — Meaning "those lost in war" (specifically children). In Roman law, when calculating the number of children required to obtain an excuse from public duties like tutelage (ius liberorum), children who died in war were privileged to be counted as if they were still alive.
  2. §27.1.18.prparentibus sunt abrepti — Literally "snatched away from their parents." In this context, it refers not only to abduction or captivity, but also to being permanently lost to their parents through death directly caused by war.
  3. §27.1.18.prmelius igitur probabitur — Meaning "it will be better approved." probabitur is the future passive of probare (to approve, accept), taking the accusative with infinitive clause eos solos... prodesse debere as its subject. This is a formulaic expression used by jurists to present a more reasonable or preferred opinion.

Cite this passage

Justinian I, The Digest of Justinian §27.1.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.1.18.pr

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