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Justinian I · The Digest of Justinian §29.1.43.pr

Testamentary Power of a Filius Familias in Imperial Service

Passage 4402 of 9271 · Latin

Summary

It stipulates that a son under paternal authority, decorated with an equestrian military post, retained in the imperial retinue, and ordered to enter service immediately, can make a will regarding his camp property.

[PAPINIANUS libro sexto responsorum. ] §29.1.43.prFilius familias equestri militia exornatus et in comitatu principum retentus cingi confestim iussus testamentum de castrensi facere potest.
[PAPINIANUS, in his sixth book of Opinions.] A son under paternal authority, who has been decorated with an equestrian military post, retained in the retinue of the emperors, and ordered to gird himself immediately, can make a will concerning his camp property.

Notes

  1. §29.1.43.prcingi — Present passive infinitive of the verb `cingere` (to gird, to equip with arms), referring here to the symbolic act of girding oneself with the sword or belt of military service. It functions as the complementary infinitive of `iussus`.
  2. §29.1.43.prde castrensi — The neuter ablative singular of the adjective `castrensis` (of the camp), with the noun `peculio` (peculium, private property) understood. Even a son under paternal power (`filius familias`) was legally entitled to make a will regarding his "camp property" (`castrense peculium`) acquired through military service.

Cite this passage

Justinian I, The Digest of Justinian §29.1.43.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:29.1.43.pr

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