Humanitext Reader

Justinian I · The Digest of Justinian §49.16.1.pr

Absence of Soldiers on Leave Not Counted as Public Service

Passage 8603 of 9271 · Latin

Summary

Ulpianus states the legal rule that a soldier who is on leave is not considered to be absent on behalf of the state (i.e., not classified as absent for public cause).

[ULPIANUS libro sexto ad edictum. ] §49.16.1.prMiles, qui in commeatu agit, non uidetur rei publicae causa abesse.
[ULPIANUS, Book 6 on the Edict] A soldier who is on leave is not considered to be absent on behalf of the state.

Notes

  1. 49.16.1.prin commeatu agit — An expression meaning "is on leave." The verb `agere` is used intransitively to mean "to spend time" or "to be in a state," combined with the prepositional phrase `in commeatu` (where `commeatus` means "leave") to describe the state of being on leave.
  2. 49.16.1.prrei publicae causa — An adverbial phrase meaning "on behalf of the state" or "for the public cause." The genitive `rei publicae` is followed by the postpositional ablative of cause/purpose `causa`. In Roman law, "absence on behalf of the state" (rei publicae causa absens) was a crucial legal status that afforded various protections and reliefs, but a soldier's regular leave was excluded from this category.
  3. 49.16.1.prnon uidetur ... abesse — A personal construction where the subject `miles` and the infinitive `abesse` are coupled with `uidetur` (from `uideri`, "to be considered" or "to seem"), forming a nominative with infinitive construction. It literally means "the soldier is not considered to be absent."

Cite this passage

Justinian I, The Digest of Justinian §49.16.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.16.1.pr

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