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Justinian I · The Digest of Justinian §29.1.42.pr

Start of Military Will Privilege upon Muster-Roll Enrollment

Passage 4401 of 9271 · Latin

Summary

This section rules that the privilege of making a will under military law begins only when one is enrolled in the muster rolls, and that levied recruits on their way to service do not yet qualify as soldiers.

[ULPIANUS libro quadragesimo quinto ad edictum. ] §29.1.42.prEx eo tempore quis iure militari incipit posse testari, ex quo in numeros relatus est, ante non: proinde qui nondum in numeris sunt, licet etiam lecti tirones sint et publicis expensis iter faciunt, nondum milites sunt: debent enim in numeros referri.
[ULPIANUS, in his forty-fifth book on the Edict.] A person begins to be able to make a will by military law from that time when he has been registered in the muster rolls, and not before: therefore, those who are not yet in the muster rolls, although they are already selected recruits and are making their journey at public expense, are not yet soldiers; for they must be registered in the muster rolls.

Notes

  1. §29.1.42.prin numeros — The plural form `numeri` of the noun `numerus` in military contexts refers to "military units" or "muster rolls". Therefore, `in numeros referri` means to be registered in the muster rolls or officially incorporated into the ranks of the military.
  2. §29.1.42.prlicet etiam lecti tirones sint et publicis expensis iter faciunt — The concessive conjunction `licet` strictly governs the subjunctive mood (here, `sint`), but the subsequent coordinated verb `faciunt` is in the present indicative. This represents a syntactic fluctuation in post-classical Latin, showing a conflation with other concessive conjunctions that take the indicative, such as `quamquam`.

Cite this passage

Justinian I, The Digest of Justinian §29.1.42.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.1.42.pr

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