V. The War last∣ing, when a Freeman may be said to re∣turn.
He that was a Free-man returns so by this Right, in case he return to this purpose, That he may follow the Fortune of that City whereunto he returns, as Trophoninus delivers it; because, as the Servant that is to be made free, ought first to be sui juris, of and for him∣self, that so his act may be voluntary: so he that would be admitted as a Citizen after ca∣ptivity, must resolve to incorporate himself with that City, and become one with it, or as a Member of it. Moreover, Whether the Captive be retaken by force of Armes, or whe∣ther he have made his escape by fraud, it is all one, as Florentinus observes; and the Case is the same if he be freely dismiss'd by the Enemy. But what if he be sold by way of Con∣tract to another, and that he thence escape into his own Country? This Question is hand∣led by Seneca in his Controversie concerning the Olynthians, whom Parrhasius bought. For when the Decree was past by the Athenians, whereby it was ordained, That the Olyn∣thians should be free, he made this doubt, Whether by that Decree it was meant that they might be made free; or that they were adjudged thereby to be free: which latter opinion was the truest. Thus Childubius in Procopius pleaded, That being returned into his own Coun∣try, he was by the Law thenceforth a free man.