Disputationum libri
Ex libro I
Dig. 11,4,5Tryphoninus libro primo disputationum. Si in harenam fugitivus servus se dederit, ne isto quidem periculo, discriminis vitae tantum, sibi irrogato potestatem domini evitare poterit: nam divus Pius rescripsit omnimodo eos dominis suis reddere sive ante pugnam ad bestias sive post pugnam, quoniam interdum aut pecunia interversa aut commisso aliquo maiore maleficio ad fugiendam inquisitionem vel iustitiam animadversionis in harenam se dare mallent. reddi ergo eos oportet.
Tryphoninus, 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.
Dig. 15,3,6Tryphoninus libro primo disputationum. Nam si hoc verum esset, etiam antequam venderet rem peculiarem, de in rem verso teneretur, quia hoc ipso, quod servus rem in peculio haberet, locupletior fieret, quod aperte falsum est.
Tryphoninus, Disputations, Book I. For, if this were true, he would be liable to the action for property employed for his benefit, even before he sold what composed the peculium; because by this very fact that the slave had the property in the peculium he would become more wealthy, which is manifestly false.
Dig. 50,16,225Tryphoninus libro primo disputationum. ‘Fugitivus’ est non is, qui solum consilium fugiendi a domino suscepit, licet id se facturum iactaverit, sed qui ipso facto fugae initium mente deduxerit. nam et furem adulterum aleatorem quamquam aliqua significatione ex animi propositione cuiusque sola quis dicere posset, ut etiam is, qui numquam alienam rem invito domino subtraxerit, numquam alienam matrem familias corruperit, si modo eius mentis sit, ut occasione data id commissurus sit, tamen oportere eadem haec crimina adsumpto actu intellegi. et ideo fugitivum quoque et erronem non secundum propositionem solam, sed cum aliquo actu intellegi constat.
Tryphoninus, Disputations, Book I. A fugitive slave is not one who has merely formed the design of escaping from his master, even though he may have boasted that he intends to do so, but one who actually has begun his flight; for, as anyone may call a person a thief, an adulterer, or a gambler, from certain indications solely arising from his intentions, although he has never stolen anything from the owner, or corrupted any woman, but has merely resolved to do so, when an opportunity offered, still, he cannot be understood to have committed the offence until his design has been executed, and therefore it is established that a slave shall not be considered a fugitive or a vagabond, merely because he has had the intention of becoming one, but only after he has committed the act.