[POMPONIUS libro trigensimo septimo ad Quintum Mucium. ] §49.15.5.prPostliminii ius competit aut in bello aut in pace.
[POMPONIUS, from the Thirty-Seventh Book on Quintus Mucius.] The right of postliminium applies either in war or in peace.
§49.15.5.1In bello, cum hi, qui nobis hostes sunt, aliquem ex nostris ceperunt et intra praesidia sua perduxerunt: nam si eodem bello is reuersus fuerit, postliminium habet, id est perinde omnia restituuntur ei iura, ac si captus ab hostibus non esset.
In war, it applies when those who are enemies to us have captured one of our people and brought him within their garrisons; for if he returns during the same war, he has the right of postliminium, that is, all his rights are restored to him just as if he had not been captured by the enemy.
antequam in praesidia perducatur hostium, manet ciuis.
Before he is brought into the enemy's garrisons, he remains a citizen.
tunc autem reuersus intellegitur, si aut ad amicos nostros perueniat aut intra praesidia nostra esse coepit.
But he is understood to have returned when he either reaches our friends or has begun to be within our garrisons.
§49.15.5.2In pace quoque postliminium datum est: nam si cum gente aliqua neque amicitiam neque hospitium neque foedus amicitiae causa factum habemus, hi hostes quidem non sunt, quod autem ex nostro ad eos peruenit, illorum fit, et liber homo noster ab eis captus seruus fit et eorum: idemque est, si ab illis ad nos aliquid perueniat.
In peace also the right of postliminium has been granted; for if we have neither friendship, nor hospitality, nor a treaty made for the sake of friendship with some nation, these are indeed not enemies, but whatever of ours reaches them becomes theirs, and a free man of ours captured by them becomes their slave; and the same is true if anything from them reaches us.
hoc quoque igitur casu postliminium datum est.
In this case also, therefore, the right of postliminium has been granted.
§49.15.5.3Captiuus autem si a nobis manumissus fuerit et peruenerit ad suos, ita demum postliminio reuersus intellegitur, si malit eos sequi quam in nostra ciuitate manere.
But if a captive has been manumitted by us and has reached his own people, he is understood to have returned by postliminium only if he prefers to follow them rather than to remain in our state.
et ideo in Atilio Regulo, quem Carthaginienses Romam miserunt, responsum est non esse eum postliminio reuersum, quia iurauerat Carthaginem reuersurum et non habuerat animum Romae remanendi.
And therefore, in the case of Atilius Regulus, whom the Carthaginians sent to Rome, it was answered that he had not returned by postliminium, because he had sworn that he would return to Carthage and had not had the intention of remaining in Rome.
et ideo in quodam interprete Menandro, qui posteaquam apud nos manumissus erat, missus est ad suos, non est uisa necessaria lex, quae lata est de illo, ut maneret ciuis Romanus: nam siue animus ei fuisset remanendi apud suos, desineret esse ciuis, siue animus fuisset reuertendi, maneret ciuis, et ideo esset lex superuacua.
And therefore, in the case of a certain interpreter Menander, who, after he had been manumitted among us, was sent to his own people, the law which was passed concerning him so that he might remain a Roman citizen was not deemed necessary; for if his intention had been to remain among his own people, he would have ceased to be a citizen, and if his intention had been to return, he would have remained a citizen, and therefore the law would have been superfluous.