[ULPIANUS libro duodecimo ad edictum. ] §4.6.15.prAb hostibus autem captis postliminio reuersis succurritur aut ibi mortuis, quia nec procuratorem habere possunt: cum aliis supra scriptis etiam per procuratorem possit subueniri praeter eos, qui in seruitute detinentur.
[ULPIANUS libro duodecimo ad edictum.] However, relief is granted to those who were captured by the enemy and have returned by the right of postliminy, or who died there, because they cannot even have an agent; whereas the others written above, except those who are held in servitude, can be relieved even through an agent.
ego autem etiam nomine eius, qui hostium potitus est, si curator (ut plerumque) fuerit bonis constitutus, auxilium competere existimo.
But I think that relief is available even in the name of one who has been captured by the enemy, if a curator has been appointed for his property, as is usually the case.
§4.6.15.1Non minus autem ab hostibus capto quam ibi nato, qui postliminium habet, succursum uidetur.
Furthermore, it is deemed that relief is granted no less to one born there who has the right of postliminy, than to one captured by the enemy.
§4.6.15.2Si damni infecti missus sit in aedes militis, si quidem praesente eo iussit praetor possideri, non restituitur, sin uero absente eo, dicendum subueniri ei debere.
If, in the case of threatened damage, entry into the house of a soldier has been granted, then if the praetor ordered possession to be taken while he was present, there is no restitution; but if indeed he was absent, it must be said that relief ought to be granted to him.
§4.6.15.3Sed quod simpliciter praetor edixit 'posteaue' ita accipiendum est, ut si inchoata sit bonae fidei possessoris detentatio ante absentiam, finita autem reuerso, restitutionis auxilium locum habeat non quandoque, sed ita demum, si intra modicum tempus quam rediit hoc contigit, id est dum hospitium quis conducit, sarcinulas componit, quaerit aduocatum: nam eum, qui differt restitutionem, non esse audiendum Neratius scribit.
But what the praetor simply declared as 'or afterwards' is to be understood in this way: that if the holding by a possessor in good faith was begun before the absence, but completed after his return, the remedy of restitution has place not at any time whatsoever, but only if this happened within a short time after he returned; that is, while one is renting a lodging, packing up one's baggage, and seeking an advocate. For Neratius writes that he who delays restitution is not to be heard.