Ad Quintum Mucium libri
Ex libro XXXVII
Dig. 45,2,19Idem libro trigensimo septimo ad Quintum Mucium. Cum duo eandem pecuniam debent, si unus capitis deminutione exemptus est obligatione, alter non liberatur. multum enim interest, utrum res ipsa solvatur an persona liberetur. cum persona liberatur manente obligatione, alter durat obligatus: et ideo si aqua et igni interdictum est alicuiaaDie Großausgabe liest alicuius statt alicui. fideiussor postea ab eo datus tenetur.
The Same, On Quintus Mucius, Book XXXVII. Where two joint-promisors owe the same sum of money, and one of them is released from his obligation through having forfeited his civil rights, the other will not be released. For it makes a great deal of difference whether the money itself is paid, or the person is released; since when one is released and the obligation continues to exist, the other will remain liable; therefore, if one of them has been excluded from water and fire, the surety of the other will afterwards be liable.
Dig. 49,15,3Pomponius libro trigensimo septimo ad Quintum Mucium. item vestis.
Pomponius, On Quintus Mucius, Book XXXVII. The same rule applies to clothing.
Dig. 49,15,5Pomponius libro trigensimo septimo ad Quintum Mucium. Postliminii ius competit aut in bello aut in pace. 1In bello, cum hi, qui nobis hostes sunt, aliquem ex nostris ceperunt et intra praesidia sua perduxerunt: nam si eodem bello is reversus fuerit, postliminium habet, id est perinde omnia restituuntur ei iura, ac si captus ab hostibus non esset. antequam in praesidia perducatur hostium, manet civis. tunc autem reversus intellegitur, si aut ad amicos nostros perveniat aut intra praesidia nostra esse coepit. 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 pervenit, illorum fit, et liber homo noster ab eis captus servus fit et eorum: idemque est, si ab illis ad nos aliquid perveniat. hoc quoque igitur casu postliminium datum est. 3Captivus autem si a nobis manumissus fuerit et pervenerit ad suos, ita demum postliminio reversus intellegitur, si malit eos sequi quam in nostra civitate manere. et ideo in Atilio Regulo, quem Carthaginienses Romam miserunt, responsum est non esse eum postliminio reversum, quia iuraverat Carthaginem reversurum et non habuerat animum Romae remanendi. et ideo in quodam interprete Menandro, qui posteaquam apud nos manumissus erat, missus est ad suos, non est visa necessaria lex, quae lata est de illo, ut maneret civis Romanus: nam sive animus ei fuisset remanendi apud suos, desineret esse civis, sive animus fuisset revertendi, maneret civis, et ideo esset lex supervacua.
Pomponius, On Quintus Mucius, Book XXVII. The right of postliminium exists both in war and in peace. 1In war, when those who are our enemies seize one of us, and take him within their fortifications, for if he returns during the same war, he will have the right of postliminium; that is to say, all his rights will be restored to him, just as if he had not been captured. Before he is taken into the fortifications of the enemy, he remains a citizen, and he is understood to have returned if he comes to our friends, or within our defences. 2The right of postliminium is also granted in time of peace; for if there is a nation between which and us there exists neither friendship, hospitality, nor any bond of attachment, it indeed is not our enemy. Anything, however, which belongs to us, and passes under its control becomes its property, and any freeman of our people taken in captivity by such a nation becomes its slave. The same rule applies if anything belonging to the said nation comes into our hands, and therefore the right of postliminium is conceded in this instance. 3If a captive has been manumitted by us, and returns to his friends, he is only understood to have returned under the right of postliminium, if he prefers to go to them, rather than to remain in our country. And, therefore, in the case of Attilius Regulus, whom the Carthaginians sent to Rome, it was decided that he did not return under the right of postliminium, because he had sworn that he would return to Carthage, and did not have the intention of remaining at Rome. Hence, when a law was enacted with reference to a certain interpreter, named Menander, who, after having been manumitted while in our hands and sent back to his people, providing that he should remain a Roman citizen, this was not considered necessary, for if he had the intention of remaining with his own relatives, he would cease to be a citizen; but if he expected to return he would still remain a citizen, and therefore the law was superfluous.
Dig. 50,7,18Pomponius libro trigensimo septimo ad Quintum Mucium. Si quis legatum hostium pulsasset, contra ius gentium id commissum esse existimatur, quia sancti habentur legati. et ideo si, cum legati apud nos essent gentis alicuius, bellum cum eis indictum sit, responsum est liberos eos manere: id enim iuri gentium convenit esse. itaque eum, qui legatum pulsasset, Quintus Mucius dedi hostibus, quorum erant legati, solitus est respondere. quem hostes si non recepissent, quaesitum est, an civis Romanus maneret: quibusdam existimantibus manere, aliis contra, quia quem semel populus iussisset dedi, ex civitate expulsisse videretur, sicut faceret, cum aqua et igni interdiceret. in qua sententia videtur Publius Mucius fuisse. id autem maxime quaesitum est in Hostilio Mancino, quem Numantini sibi deditum non acceperunt: de quo tamen lex postea lata est, ut esset civis Romanus, et praeturam quoque gessisse dicitur.
Pomponius, On Quintus Mucius, Book XXXVII. When anyone strikes the envoy of our enemy, he is considered to be guilty of an act against the Law of Nations, because envoys are considered sacred. Therefore, if any ambassadors of a nation with whom we are at war are with us, it has been established that they are free to remain; for this is in conformity with the Law of Nations. Hence, Quintus Mucius held that anyone who struck an ambassador is usually surrendered to the enemy of whom he was the representative. The question arose, if the enemy did not receive the offender when he was sent to them, whether he would remain a Roman citizen. Some authorities think that he would remain such, and others are of the contrary opinion, because where a people have once ordered anyone to be surrendered he is considered to have been deprived of citizenship, just as is the case where anyone is forbidden fire and water. It seems that Publius Mucius was also of this opinion. This question was thoroughly discussed in the case of Hostilius Mancinus, whom the Numantians would not receive when he was surrendered to them; and, on this account, a law was subsequently enacted to enable him to remain a Roman citizen, and he is said to have even held the office of Prætor.