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Justinian I · The Digest of Justinian §29.1.20.pr-29.1.20.1

Codicils after Successor's Arrival and Pre-Service Wills

Passage 4379 of 9271 · Latin

Summary

This section discusses the legal status of codicils made by a military tribune after his successor's arrival and the conditions under which a pre-military will can be treated as made during military service to receive military privileges.

[IULIANUS libro uicesimo septimo digestorum. ] §29.1.20.prTribunus militum si intra dies certos, quam successor eius in castra uenerat, manens in castris codicillos fecerit et ibi decesserit, quoniam desinit militis loco haberi, postquam successor eius in castra uenit, ideo communi iure ciuium Romanorum codicilli eius aestimandi sunt.
[JULIANUS, in his twenty-seventh book of the Digests.] If a military tribune, within a certain number of days after his successor had come into the camp, should make codicils while still remaining in the camp and die there, since he ceases to be held in the place of a soldier after his successor has come into the camp, therefore his codicils must be judged by the common law of Roman citizens.
§29.1.20.1Cum aliquis facto testamento militare coeperit, id quoque testamentum, quod ante quam militare coeperit fecerat, aliquo casu intellegitur militiae tempore factum, ueluti si tabulas inciderit et legerit testamentum ac rursus suo signo signauerit, amplius si et aliquid interleuerit perduxerit adiecerit emendauerit: quod si nihil bonorum inciderit, testamentum eius ad priuilegia militum non pertinebit.
When anyone, having made a will, has begun military service, that will also, which he had made before he began his military service, is in some case understood to have been made during his military service; for example, if he has cut the tablets and read the will and sealed it again with his own signet, and furthermore if he has also erased, struck out, added to, or corrected something. But if none of these things has occurred, his will will not pertain to the privileges of soldiers.

Notes

  1. §29.1.20.printra dies certos, quam successor eius in castra uenerat — The conjunction `quam` here functions like `postquam` ("after"), correlating with the preposition `intra` to mean "within a certain number of days after his successor had come into the camp."
  2. §29.1.20.1tabulas inciderit — This refers to "cutting" the threads or cords sealing the writing tablets (`tabulae`) of the will, indicating the physical act of unsealing it to review or confirm its contents.
  3. §29.1.20.1nihil bonorum inciderit — The word `bonorum` in the manuscripts is highly likely a textual corruption for `horum` ("of these things"). The clause is understood as "if none of these [actions, such as unsealing or correcting] occurred."

Cite this passage

Justinian I, The Digest of Justinian §29.1.20.pr-29.1.20.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.1.20.pr-29.1.20.1

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