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

The army, the local community, the law 165
his father’s death does it become the common property of his brothers,
but whatever he acquired in military service belongs entirely to the
soldier…
272 CJ 12. 36(37). 3, AD 224
The same Emperor (Alexander) to Felicianus, soldier. The man who
told you that you were freed from the ties of your father’s control by
taking the military oath, is in error. Soldiers too still remain in the
control of their fathers, but they have the property acquired in military
service as their own and the father has no rights over this.
Published on 13 October in the consulship of Julianus and Crispinus.
273 CJ 12. 36(37). 4
Emperor Gordian Augustus to Gallus, soldier. Since you claim that
you were instituted as heir by your brother, who is serving with you in
the same camp, your request that this inheritance should be included
in your camp property rather than pass to the father in whose control
you still are, seems entirely reasonable. For I am compelled to believe
that your toils away from home, and the company of your joint military
service, and the fellowship in carrying out your duties together, must
certainly have added considerably to your brotherly love, and indeed
rendered you both more affectionate to one another.
Jurists were in doubt whether a soldier’s inheritance from a near relative who
was also soldier could belong to the castrense peculium. It was important to
consider if the will was drawn up before or after the shared military service. It
is notable that Gordian and his advisers benevolently support this soldier without
further enquiry.
274 CJ 2. 50(51). 2, AD 222
The same Emperor (Alexander) to Petronius, centurion. If those who
are absent in the interests of the state have suffered any loss in respect
of their property, or if anyone has been released from an action which
could have been brought against him (by those absent in the interests
of the state), within one year of their return from public business
complete restitution may be granted to them, without limit of time.
Published on 19 October, in the consulship of Emperor Alexander.
Soldiers, in common with others who were absent on behalf of the state, were
entitled through the praetor’s edict to the assistance of the law if they had
suffered loss through inability to defend their interests while detained away