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Justinian I · The Digest of Justinian §48.3.9.pr

Remand of Offending Soldiers and Powers of Punishment

Passage 8158 of 9271 · Latin

Summary

This section states that soldiers who commit offenses are to be sent back to their immediate commanding officers, while the general commander of an army also holds the power to punish common soldiers.

[UENULEIUS SATURNINUS libro primo de officio proconsulis. ] §48.3.9.prDe militibus ita seruatur, ut ad eum remittantur, si quid deliquerint, sub quo militabunt: is autem, qui exercitum accipit, etiam ius animaduertendi in milites caligatos habet.
[VENULEIUS SATURNINUS, on the office of proconsul, book 1.] Concerning soldiers, the rule is so observed that, if they commit any offense, they are to be sent back to the commander under whom they serve; however, he who receives the command of an army also has the power of punishing common soldiers.

Notes

  1. §48.3.9.prita seruatur, ut — The passive verb seruatur is used impersonally, followed by the adverb ita and a clause introduced by ut (with the present subjunctive remittantur) to specify the content of the observed rule or custom.
  2. §48.3.9.pranimaduertendi in — The verb animaduertere, combined with the preposition in and the accusative, means "to punish (officially or severely)." Here it is in the genitive gerund form, modifying the noun ius (right, authority).
  3. §48.3.9.prmilites caligatos — Literally "booted soldiers" (from caliga, a military boot), a Roman military and legal idiom referring to common or lower-ranking soldiers in contrast to commissioned officers (such as centurions).

Cite this passage

Justinian I, The Digest of Justinian §48.3.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.3.9.pr

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