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Justinian I · The Digest of Justinian §49.17.4.pr-49.17.4.2

Property Brought to Camp and Peculium after Adrogation

Passage 8622 of 9271 · Latin

Summary

This passage discusses the ownership of property brought into camp by a soldier with his father's consent, the son's constant right of action regarding camp property, and the administration of such property when a head of household submits himself to adrogation during or after military service.

[TERTULLIANUS libro singulari de castrensi peculio. ] §49.17.4.prMiles praecipua habere debet, quae tulit secum in castra concedente patre.
[TERTULLIANUS in the single book on camp peculium.] A soldier ought to hold as his own special property those things which he carried with him into the camp with his father's consent.
§49.17.4.1Actionem persecutionemque castrensium rerum semper filius etiam inuito patre habet.
A son always has the right of action and pursuit concerning camp property, even against his father's will.
§49.17.4.2Si pater familias militiae tempore uel post missionem adrogandum se praebuerit, uidendum erit, ne huic quoque permissa intellegatur earum rerum administratio, quas ante adrogationem in castris adquisierit, quamuis constitutiones principales de his loquantur, qui ab initio cum essent filii familias militauerint.
If a head of a household, during the time of his military service or after his discharge, should submit himself to adrogation, we must consider whether the administration of those things which he acquired in the camp before his adrogation should not also be understood as permitted to him; although the imperial constitutions speak of those who served as soldiers while being sons of a household from the beginning.
quod admittendum est.
And this is to be admitted.

Notes

  1. §49.17.4.2uidendum erit, ne — The clause introduced by ne after uidendum erit (it must be considered) does not merely express apprehension, but functions to suggest a positive conclusion ('whether it should not indeed be understood as...'). This affirmative reading, that administration should indeed be deemed permitted, is confirmed by the subsequent phrase quod admittendum est (which must be admitted).
  2. §49.17.4.2adrogandum se praebuerit — The reflexive pronoun se combined with the gerundive adrogandum and the verb praebere (to present oneself to be...) expresses a passive or permissive action, meaning 'to submit oneself to adrogation.' This describes the legal context where a pater familias (an independent person) becomes an adrogatus and thereby transitions to the status of a filius familias (a dependent person).

Cite this passage

Justinian I, The Digest of Justinian §49.17.4.pr-49.17.4.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.17.4.pr-49.17.4.2

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