Humanitext Reader

Justinian I · The Digest of Justinian §49.17.8.pr

Exclusion of Non-Military Gifts from the Military Peculium

Passage 8626 of 9271 · Latin

Summary

This text clarifies that gifts or legacies from individuals without military connections cannot be included in a military peculium, even if designated as such, because the law looks to actual substance rather than fiction.

[IDEM libro quadragensimo quinto ad edictum. ] §49.17.8.prSi forte uxor uel cognatus uel quis alius non ex castris notus filio familias donauerit quid uel legauerit et expresserit nominatim, ut in castrensi peculio habeat: an possit castrensi peculio adgregari? et non puto: ueritatem enim spectamus, an uero castrensis notitia uel affectio fuit, non quod quis finxit.
[THE SAME in the forty-fifth book on the Edict.] If by chance a wife, or a relative, or someone else not known from the camp, should donate or bequeath something to a son-in-power, and should expressly state that he is to hold it as part of his military peculium: can it be added to his military peculium? I do not think so: for we look to the truth, namely, whether there was indeed an acquaintance or affection arising from the camp, and not what someone has feigned.

Notes

  1. 49.17.8.prnon ex castris notus — A crucial limitation in defining the scope of the military peculium. Gifts or legacies from someone 'not known from the camp' do not qualify for inclusion in the military peculium, even if the donor expressly designates them as such, because they lack a substantial connection to military service.
  2. 49.17.8.prnon quod quis finxit — quod is a relative pronoun in the neuter accusative, forming a noun clause that serves as the object of spectamus ('not what someone has feigned'). It is not the causal conjunction non quod ('not because'), but a relative pronoun with an implied antecedent contrasted with ueritatem.

Cite this passage

Justinian I, The Digest of Justinian §49.17.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.17.8.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.