[IDEM libro nono decimo responsorum. ] §49.17.16.prDotem filio familias datam uel promissam in peculio castrensi non esse respondi.
[THE SAME in his nineteenth book of Responses.] I answered that a dowry given or promised to a filius familias is not in the castrense peculium.
nec ea res contraria uidebitur ei, quod diui Hadriani temporibus filium familias militem uxori heredem extitisse placuit et hereditatem in castrense peculium habuisse.
And this thing will not seem contrary to the fact that in the times of the divine Hadrian it was approved that a soldier who is a filius familias stood as heir to his wife and held the inheritance in his castrense peculium.
nam hereditas aduenticio iure quaeritur, dos autem matrimonio cohaerens oneribus eius ac liberis communibus, qui sunt in aui familia, confertur.
For an inheritance is acquired by adventitious right, whereas a dowry, cohering with marriage, is contributed to its burdens and to the common children who are in the grandfather's family.
§49.17.16.1Hereditatem castrensi peculio non uideri quaesitam respondi, quam frater patruelis in alia prouincia stipendia merens fratri patrueli, cum quo numquam militauit, reliquit: sanguinis etenim ratio, non militiae causa meritum hereditatis accipiendae praebuerat.
I answered that an inheritance does not seem to have been acquired for the castrense peculium, which a paternal cousin serving in another province left to his paternal cousin with whom he had never served: for the consideration of blood, not the cause of military service, had provided the merit of receiving the inheritance.