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Justinian I · The Digest of Justinian §49.16.8.pr

Ineligibility for Military Service Due to Status Disputes

Passage 8610 of 9271 · Latin

Summary

Rules are established regarding the restriction of military enlistment for those undergoing status disputes, those serving in good faith as slaves, and those ransomed from enemies before self-redemption.

[ULPIANUS libro octauo disputationum. ] §49.16.8.prQui status controuersiam patiuntur, licet re uera liberi sunt, non debent per id tempus nomen militiae dare, maxime lite ordinata, siue ex libertate in seruitutem siue contra petantur.
[ULPIAN, from the eighth book of Disputations.] Those who are undergoing a dispute over their status, even if they are in fact free, ought not to register for military service during that time, especially once the lawsuit has been formally initiated, whether they are claimed from freedom into slavery or the reverse.
nec hi quidem, qui ingenui bona fide seruiunt: sed nec qui ab hostibus redempti sunt, priusquam se luant.
Neither indeed should those who, being free-born, serve in good faith as slaves; nor those who have been ransomed from the enemy, until they have redeemed themselves.

Notes

  1. §49.16.8.prlite ordinata — An ablative absolute referring to the stage in legal proceedings where the lawsuit has been formally set up (i.e., litis contestatio has taken place).
  2. §49.16.8.prnec hi quidem — The main verb and infinitive phrase (non debent nomen militiae dare) are understood from the preceding clause, meaning "neither indeed should those...".
  3. §49.16.8.prpetantur — The third-person plural present subjunctive passive of peto. In a legal context, it means "to be claimed" or "to be sued for (a certain status)," here referring to being the subject of a lawsuit claiming one's status either from freedom to slavery or vice-versa.

Cite this passage

Justinian I, The Digest of Justinian §49.16.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.16.8.pr

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