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Justinian I · The Digest of Justinian §38.1.43.pr

Enlistment of a Bound Freedman as an Injury to the Patron

Passage 5928 of 9271 · Latin

Summary

It is stated that a freedman bound to perform services cannot enlist in the military without committing an injury against his patron.

[IDEM libro nono decimo responsorum. ] §38.1.43.prOperis obligatus militiae nomen non sine iniuria patroni dabit.
[BY THE SAME AUTHOR, in his nineteenth book of Opinions.] A person bound for services will not enlist in the military without injury to his patron.

Notes

  1. §38.1.43.properis obligatus — operis is the dative plural of the noun opera (services), serving as the complement to the participle obligatus (bound), meaning 'one who is bound to services'. obligatus is used substantively as the subject in the nominative singular.
  2. §38.1.43.prmilitiae nomen ... dabit — The phrase nomen dare (to give one's name) combined with the dative militiae (military service) is an idiomatic legal and military expression meaning 'to enlist' or 'to register for military service'. The future tense dabit expresses a legal consequence or prohibition.
  3. §38.1.43.prpatroni — An objective genitive with the noun iniuria (injury, wrong), meaning 'injury to the patron'. Combined with the double negative non sine (not without), it emphasizes that enlisting necessarily constitutes an injury to the patron's rights.

Cite this passage

Justinian I, The Digest of Justinian §38.1.43.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.1.43.pr

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