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Justinian I · The Digest of Justinian §34.9.14.pr

Disallowance of Military Legacies to Soldier's Cohabitant

Passage 5319 of 9271 · Latin

Summary

Shows the reply regarding whether a woman who lived in cohabitation with a soldier can receive a legacy under a military will, even if the soldier died within a year of his discharge.

[IDEM libro trigesimo tertio quaestionum. ] §34.9.14.prMulierem, quae stupro cognita in contubernio militis fuit, etsi sacramento miles solutus intra annum mortem obierit, non admitti ad testamentum iure militiae factum et id quod relictum est ad fiscum pertinere proxime tibi respondi.
[THE SAME, in the thirty-third book of Questions.] I recently replied to you that a woman, who had been known through illicit intercourse and had lived in cohabitation with a soldier, is not admitted to a will made under military law, even if the soldier, having been discharged from his oath, died within a year, and that which was left belongs to the fiscus.

Notes

  1. 34.9.14.prMulierem... pertinere... respondi — Accusative with Infinitive (A.C.I.) construction governed by the main verb `respondi`. Two clauses, `non admitti` with the subject `Mulierem` and `pertinere` with the subject `id`, are connected by `et`.
  2. 34.9.14.prstupro cognita — The perfect participle `cognita` modifying `mulierem` (via the relative pronoun `quae`), with `stupro` as an ablative of means. It refers to a woman being "carnally known through illicit intercourse" or "disgraced by unlawful sexual relations".
  3. 34.9.14.prsacramento... solutus — The ablative `sacramento` refers to the military oath, and `solutus` means "released". Together, they form a legal idiom indicating that a soldier has been formally "discharged" from military service.

Cite this passage

Justinian I, The Digest of Justinian §34.9.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.9.14.pr

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