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Justinian I · The Digest of Justinian §42.1.18.pr

The Benefit of Competence for Soldiers

Passage 6870 of 9271 · Latin

Summary

It regulates that a soldier who has served in the armed forces is compelled to pay only to the extent of his ability to perform when condemned.

[IDEM libro sexagensimo sexto ad edictum. ] §42.1.18.pritem miles, qui sub armata militia stipendia meruit, condemnatus eatenus, quatenus facere potest, cogitur soluere.
[THE SAME, in the sixty-sixth book on the Edict.] Likewise a soldier, who has earned pay under armed military service, if condemned, is compelled to pay only to the extent of what he is able to perform.

Notes

  1. §42.1.18.prcondemnatus — A perfect passive participle agreeing with the subject miles, functioning adverbially to express a condition ("if condemned") or time ("when condemned").
  2. §42.1.18.preatenus, quatenus — A correlative adverbial phrase meaning "only to the extent that...", modifying the main verb cogitur. It stipulates a limitation of liability based on the debtor's ability to pay (beneficium competentiae), equivalent to the phrase in id quod facere potest in the preceding fragment (§42.1.17.pr).

Cite this passage

Justinian I, The Digest of Justinian §42.1.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.18.pr

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