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Justinian I · The Digest of Justinian §49.16.2.pr-49.16.2.1

Classification of Military Offenses and Illegal Enlistment

Passage 8604 of 9271 · Latin

Summary

Arrius Menander classifies military offenses into those specific to soldiers and those common to others, noting that for an unauthorized person to offer himself as a soldier is a serious crime aggravated by status, rank, and service branch.

[ARRIUS MENANDER libro primo de re militari. ] §49.16.2.prMilitum delicta siue admissa aut propria sunt aut cum ceteris communia: unde et persecutio aut propria aut communis est.
[ARRIUS MENANDER, Book 1 on Military Matters] The offenses or transgressions of soldiers are either specific to them or common to others; hence their prosecution also is either specific or common.
proprium militare est delictum, quod quis uti miles admittit.
A specific military offense is that which someone commits as a soldier.
§49.16.2.1Dare se militem, cui non licet, graue crimen habetur: et augetur, ut in ceteris delictis, dignitate gradu specie militiae.
For a person to whom it is not permitted to offer himself as a soldier is considered a serious crime; and, as in other offenses, it is aggravated by status, rank, and the branch of military service.

Notes

  1. 49.16.2.prdelicta siue admissa — The conjunction siue connects synonymous terms (the neuter plural noun delicta and the substantivized neuter plural perfect passive participle admissa of admitto), expressing 'offenses or transgressions' as virtually equivalent concepts.
  2. 49.16.2.1Dare se militem, cui non licet — The antecedent (the dative demonstrative pronoun ei) of the relative pronoun cui is omitted; the clause cui non licet ('one to whom it is not permitted') denotes the logical subject of the infinitive clause. The entire infinitive phrase dare se militem ('to offer oneself as a soldier') serves as the subject of the passive main verb habetur ('is considered').
  3. 49.16.2.1dignitate gradu specie militiae — These are all ablatives of means or cause modifying the verb augetur ('is aggravated/increased'). The genitive militiae ('of military service') directly modifies the preceding specie ('type/branch'), but contextually also applies to dignitate ('status') and gradu ('rank') in the military hierarchy.

Cite this passage

Justinian I, The Digest of Justinian §49.16.2.pr-49.16.2.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.16.2.pr-49.16.2.1

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