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BOOK FORTY-NINEIPECULIUM C A S T R E N S E 411 should prove that he was held up by sickness, or detained by brigands, or that he suffered delay from some similar accident, while at the same time proving that he did not set out so late from the place [where he was] that he could not arrive within the limits of his leave, he should be reinstated. 1. It is a serious crime to have disposed of one's weapons, and the offense is equated to desertion, certainly if [a soldier] has disposed of them all; as also a part of them, but a distinction is made. For if he [a soldier] has disposed of his shin-guard or shoulder-armor he ought to be punished with a flogging, but if of his cuirass, his shield, his helmet, or his sword he is akin to a deserter. Pardon will more readily be granted to a recruit for this crime, while generally speaking the blame is laid against the armorer if he has handed over arms to a soldier at an improper time. 15 PAPINIAN, Replies, book 19: [A soldier] after being made infamous for desertion and reinstated forfeits any payments for the time that he was in desertion. However, if there is an excuse and it seems that he was not a deserter, all his pay, without limitation of time, is returned. 16 PAUL,Views, book 5: A man, who enrolled in the army out of fear of a crime with which he had already been charged, is immediately to be released from his military oath. 1. A soldier who disturbs the peace suffers capital punishment. PECULIUM CASTRENSE 1 ULPIAN,Edict, book 14: If the peculium of a son-in-power who was a soldier has remained with his father on the son's dying intestate, the father does not become his heir, but, however, he will become heir to any persons to whom his son was heir. 2 ULPIAN,Edict, book 67: Should a son-in-power who is a soldier die, then, if he was intestate , his property passes to his father, not as an inheritance but as a peculium; if, however, he had made a will, his peculium castrense is here treated as an inheritance. 3 ULPIAN,Lex Julia et Papia, book 8: If a woman leaves money to her husband's son, who is a soldier, to buy things for military life or perhaps for active service, these purchases at any rate come to be included in his peculium castrense. 4 TERTULLIAN, Peculium Castrense, sole book: A soldier ought to have exclusive rights in those things which he took with him into the army with his father's permission. 1. A son always has a right to bring an action and a claim over his military property, even against his father's wishes. 2. If a paterfamilias offers himself for adrogation, either during his military service or after his discharge, we shall have to see whether he also is to be understood as being permitted the administration of those things which he acquires on service before his adrogation; although the imperial constitutions speak [only] of those persons who are sons-in-power from the beginning of their service, this must be allowed. 5 ULPIAN,Sabinus, book 6: A soldier, who is a son-in-power, and who has been instituted heir by a fellow soldier or by someone whom he has come to know through his military service, may properly enter the inheritance at his own discretion, even without his father's command. 6 ULPIAN,Sabinus, book 32: If a wife gives [her husband, who is] a soldier and a son-inpower , a slave for the purpose of manumission, let us see whether the husband makes him his own freedman, since he could have both slaves and freedmen in his peculium. The better view is that this [freedman] is not included in his peculium castrense, because the wife was not known to [her husband] as a result of his military service. Clearly, should you put to me the case that the wife gave slaves to her husband as he was leaving for camp in order that he manumit them and have freedmen fit for military service, he can be said to grant them their freedom by manumission of his own free will without the permission of his father. 7 ULPIAN,Edict, book 33: If a husband has a peculium castrense, he will be...


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