restricted access 15. PRISONERS OF WAR, POSTLIMINIUM, AND PERSONS RANSOMED FROM THE ENEMY
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BOOK FORTY-NINEIPRISONERS OF W A R 399 receive a one half share of three quarters [of the estate] or of the whole. There is extant on the subject a rescript of the Emperor Antoninus in these words: "The Emperor Antoninus to Julius Rufus. A person who undertook a tacit jideicommissum that he should hand over an inheritance to someone who is not [capable of] taking, if he handed it over after deducting one quarter, ought to keep nothing. But the quarter share which is assigned to the heir, let it be taken away from him and delivered to the imperial treasury." From this [we see that] someone who has denounced himself receives only a half share of three quarters [of the estate]. 50 PAUL,Decrees, book 3: Valerius Patruinus, an imperial procurator, had assigned landed estates to Flavius Stalticius for a fixed price. Subsequently, other bidding took place and the same Stalticius, after his overbid was received, had been successful and had been admitted to vacant possession. A question was raised about the fruits which had been gathered meantime; Patruinus wished them to be the property of the imperial treasury. Clearly, if they had been gathered in the time between the first bidding and the subsequent overbid, they would belong to the seller (as is customarily said, when there was in diem addictio and then a better offer has been made), nor should we be swayed by the fact that [the overbidder] was the same man to whom the estates had originally been assigned. But when both assignations had been made within the period of the grape harvest, there was a departure from this general practice, and, therefore, it was agreed that the fruits belonged to the buyer. Papinian and Messius introduced a new opinion, that because the estates were under a tenant, it was unjust to deprive him of all the fruits, but that the tenant ought to gather them while the buyer should receive the rent for that year, so that the imperial treasury should not be liable to the tenant because he had not been permitted to enjoy [the fruits], just as if this had been agreed as part of the purchase. The emperor, however, gave judgment, following their opinion, that if, indeed, the lands were being cultivated by the owner, [Stalticius] should have all the fruits; if under a tenant, he [should] receive rent. On Tryphoninus raising the question what was his opinion about dried fruits which had previously been gathered on the estates, he gave the opinion that if the date for payment of rent had not yet arrived when the [lands]were assigned, the buyer would take them also. 15 PRISONERS OF WAR, POSTLIMINIUM, AND PERSONS RANSOMED FROM THE ENEMY 1 MARCELLUS, Digest, book 22: That for which the slave of a person who has been captured by the enemy subsequently stipulates, or any legacy which may come to his slave after he has passed into the hands of the enemy, shall be the property of his heirs because, if he had died in the course of his captivity, it would have been acquired by the heir. 2 MARCELLUS, Digest, book 39: Postliminium applies, according to the custom of war, to warships and freighters, not to fishing boats or to fast passenger vessels fitted out for the purpose of pleasure. 1. Again, a horse or mare broken to the bit is recovered by postliminium; for they can have run away without fault of the rider. 2. The same legal right does not apply to arms, insofar as they are not lost without shame; for it is forbidden to return arms by postliminium, since their loss is disgraceful, 3 POMPONIUS, Quintus Mucius, book 37: as also clothes. 4 MODESTINUS, Rules, book 3: It was agreed by the men of old that persons captured by, or surrendered to, the enemy should return according to the right of postliminium . Whether a person who, after being surrendered to the enemy, has returned and BOOK FORTY-NINE/PRISONERS OF WAR 399 receive a one halfshare ofthree quarters [ofthe estate] or ofthe whole. There is extant on the subject a rescript of the Emperor Antoninus in these words: "The Emperor Antoninus to Julius Rufus. A person who undertook a tacit fideicommissum that he should hand over an inheritance to someone who is not [capable of] taking, if he handed it over after deducting one quarter, ought to keep nothing. But the quarter share which is assigned to the heir...


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