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Justinian I · The Digest of Justinian §29.1.26.pr

Ignominious Discharge and Invalidation of Military Wills

Passage 4385 of 9271 · Latin

Summary

Macer explains that the testaments of those discharged for ignominious reasons immediately lose their validity under military law, and that the right of making a testament concerning castrense peculium does not apply to them.

[MACER libro secundo militarium. ] §29.1.26.prTestamenta eorum, qui ignominiae causa missi sunt, statim desinunt militari iure ualere, quod anni spatium testamentis eorum, qui honestam uel causariam missionem meruerunt, tribuitur.
[MACER, in his second book on Military Matters.] The testaments of those who have been discharged for an ignominious cause immediately cease to be valid under military law, because a period of one year is granted to the testaments of those who have merited an honorable or medical discharge.
ius testandi de castrensi, quod filiis familias militantibus concessum est, ad eos, qui ignominiae causa missi sunt, non pertinet, quod hoc praemii loco merentibus tributum est.
The right of making a testament concerning castrense peculium, which is granted to filii familias who are serving as soldiers, does not belong to those who have been discharged for an ignominious cause, because this was granted by way of reward to those who deserve it.

Notes

  1. §29.1.26.prde castrensi — The noun 'peculio' (peculium) is omitted; the phrase refers to the 'peculium castrense' (military peculium, property acquired by a soldier through military service). As a privilege under military law, even a 'filius familias' under paternal power was allowed free disposition over this property.
  2. §29.1.26.prpraemii loco — An idiomatic expression meaning 'in the place of' or 'as' when accompanied by a genitive. Here it means 'by way of reward' or 'as a reward'.
  3. §29.1.26.prmerentibus — The dative plural masculine of the present participle of 'merere' / 'mereri' (to deserve, to merit), used substantively. It refers to 'those who deserve it' (by serving faithfully and earning an honorable discharge), in contrast to those discharged for ignominious reasons.

Cite this passage

Justinian I, The Digest of Justinian §29.1.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.1.26.pr

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