. In either case, however, if the
condemned person is pardoned by the grace of the Emperor, he recovers
all his former rights.

2 Relegation to an island does not extinguish paternal power, whether it
is the parent or the child who is relegated.

3 Again, a father's power is extinguished by his becoming a 'slave of
punishment,' for instance, by being condemned to the mines or exposed to
wild beasts.

4 A person in paternal power does not become independent by entering
the army or becoming a senator, for military service or consular
dignity does not set a son free from the power of his father. But by
our constitution the supreme dignity of the patriciate frees a son from
power immediately on the receipt of the imperial patent; for who would
allow anything so unreasonable as that, while a father is able by
emancipation to release his son from the tie of his power, the imperial
majesty should be unable to release from dependence on another the man
whom it has selected as a father of the State? 5 Again, capture of the
father by the enemy makes him a slave of the latter; but the status
of his children is suspended by his right of subsequent restoration by
postliminium; for on escape from captivity a man recovers all his former
rights, and among them the right of paternal power over his children,
the law of postliminium resting on a fiction that the captive has never
been absent from the state. But if he dies in captivity the son is
reckoned to have been independent from the moment of his father's
capture. So too, if a son or a grandson is captured by the enemy, the
power of his ascendant is provisionally suspended, though he may again
be subjected to it by postliminium. This term is derived from 'limen'
and 'post,' which explains why we say that the person who has been
captured by the enemy and has come back into our territories has
returned by postliminium: for just as the threshold forms the boundary
of a house, so the ancients represented the boundaries of the empire as
a threshold; and this is also the origin of the term 'limes, signifying
a kind of end and limit. Thus postliminium means that the captive
returns by the same threshold at which he was lost. A captive who is
recovered after a victory over the enemy is deemed to have returned by
postliminium.

6 Emancipation also liberates children from the power of the parent.
Formerly it was effected either by the observance of an old form
prescribed by statute by whi