1Ulpinaus, On the Edict, Book I. He who conceals a fugitive slave is a thief. 1The Senate decreed that fugitive slaves shall not be admitted on land or be protected by the superintendents or agents of the possessors of the same, and prescribed a fine. But, if anyone should, within twenty days, restore fugitive slaves to their owners, or bring them before magistrates, what they had previously done will be pardoned; but it was afterwards stated in the same Decree of the Senate that immunity is granted to anyone who restores fugitive slaves to their masters, or produces them before a magistrate within the prescribed time, when they are found on his premises. 2This decree also granted a right of entry to a soldier or civilian on the estates of Senators or private parties for the purpose of searching for a fugitive slave, and, indeed, the Lex Fabia, as well as the Decree of the Senate which was enacted while Modestus was Consul, had reference to this matter. It is stated therein that where parties wished to search for fugitive slaves, letters should be given them addressed to magistrates, and a fine of a hundred solidi was established to be imposed upon the magistrates, if, having received the letters, they refused to assist the parties making the search; and the same penalty was inflicted upon anyone who refused to allow the search to be made on his premises. A general Rescript of the Divine Marcus and Commodus is extant, in which it is set forth that all governors, magistrates, troops and garrisons are obliged to assist persons who are searching for fugitive slaves, and to surrender them if they are found; and that any parties on whose land the slaves are concealed shall be punished if they are implicated in the crime. 3Every person whosoever who arrests a fugitive slave is bound to produce him in public. 4And the magistrates are very properly notified to detain them carefully in custody to prevent their escape. 5You must understand the word “fugitive” to include a slave who is in the habit of running about. Labeo, however, says in the first Book on the Edict, that the offspring of a fugitive female slave is not included in this designation. 6A slave is understood to be produced in public who is delivered up to the municipal magistrates or officers of the government. 7Careful custody permits the use of irons. 8The slaves must be held in custody until they are brought before the Prefect of the Watch, or the Governor. 8aInformation must be given to the magistrates of their names and marks, as well as the addresses of the party to whom any one of them says he belongs; in order that fugitive slaves may be the more easily recognized, and claimed. And in the word “marks” scars are also included. The rule is the same where these matters are brought to public notice by writing in a public place or in a temple.

2Callistratus, Judicial Inquiries, Book VI. Slaves who are simply fugitives should be returned to their masters; but where they pretend to be free, it is customary to punish them severely.

3Ulpianus, On the Office of Proconsul, Book VII. The Divine Pius stated in a Rescript that, where a party wishes to search for a fugitive slave on the premises of another, he can apply to the Governor for letters to be furnished him; and, if the case demands it, an officer also, in order that he may be permitted to enter and make search, and the Governor can also inflict a penalty upon him who does not permit the search to be made. The Divine Marcus, in an Address which he delivered before the Senate, granted power to parties who wished to search for fugitive slaves to enter upon and search the land of the Emperor, as well as that of Senators and private individuals for fugitive slaves, and to examine the bed-rooms and tracks of those who concealed them.

4Paulus, Sentences, Book I. Custom-house officers and policemen are required to carefully retain fugitive slaves in custody after they have been caught. Municipal magistrates must also send such fugitive slaves, after they have been caught, properly guarded to the office of the Governor of the province or the Proconsul.

5Tryphoninus, Disputations, Book I. Where a fugitive slave betakes himself to the arena, he cannot escape the power of his master by exposing himself to this danger, which is only that of the risk of death; for the Divine Pius stated in a Rescript that such a slave must, by all means, be restored to his master, either before or after the combat with wild beasts; since sometimes he may have embezzled money, or committed some other greater breach of the law, so that he would prefer to betake himself to the arena rather than undergo an inquiry, or suffer punishment for his flight, hence he must be given up.