The Roman Army, 31 BC–AD 337: A Sourcebook

164 The Roman Army
In Roman law every family member was in the power of the oldest surviving
made ascendant (pater familias). Therefore, during the lifetime of his father, a
son (filius familias), no matter how distinguished, remained under his legal
control, could own no property and consequently could not make a will
(Campbell 1984:229–30). Augustus’ decision brought a concession to soldiers
not enjoyed even by upper-class Romans still in the power of their fathers, but
managed to avoid a complete upset in the normal legal process, since if the son
died intestate, the camp property reverted to the father as if it had never left his
control.
270 D 49. 17. 11
(Macer (3rd C.AD), Book II On Military Matters)
Camp property (castrense peculium) is defined as whatever was given
by his parents or relatives to a man who is serving in the army, or
whatever a son under his father’s control himself acquired during
military service, and which he would not have acquired if had he not
been a soldier. For whatever he might have acquired without being a
soldier does not constitute part of his camp property.
271 Justinian (6th C.AD), Institutes 2. 12
Not all persons, however, are permitted to make a will, since, in the
first place, those who are under the legal control of another do not
have the right of making a will; to such a degree, indeed, that even if
their fathers have granted them permission, they nevertheless cannot
legally make a will. Excepted from this rule are those whom we have
mentioned previously, and especially soldiers who are under the control
of their fathers and to whom has been granted by the decisions of
emperors the right to execute a will in respect of property that they
may have acquired while in military service. Originally this right was
granted only to serving soldiers by the authority of the divine Augustus,
and by that of Nerva, and then also by that of the excellent Emperor
Trajan. Later, by a written reply of the divine Hadrian, the right was
granted to soldiers who had been discharged from service, that is, to
veterans. Therefore if they have made a will in respect of their property
acquired in military service, it will belong to the person whom they
have instituted as heir. But if they should die without making a will,
with no surviving children or brothers, the property will belong to
their parents by the usual legal rules. From this we can conclude that
whatever a soldier who is under his father’s power may have acquired
in military service cannot be appropriated by his father nor sold nor
otherwise interfered with by his father’s creditors, nor in the event of