1Ulpianus, Rules, Book I. Anyone who knowingly purchases a freeman incurs liability for a capital offence under the Favian Law against kidnapping; and the vendor also can be prosecuted under it if he sold the man being aware that he was free.

2The Same, On the Duties of Proconsul, Book IX. It must be remembered that the Favian Law does not relate to those who, having in their hands absent slaves, sell them; for it is one thing to be absent, and another to be in flight. 1Again, it does not apply to a person who has ordered his fugitive slave to be pursued and sold; for he did not sell a fugitive slave. 2It can further be said that if anyone orders Titius to arrest a fugitive slave, and, if he should do so, to hold him as purchased, the Decree of the Senate does not apply. 3Masters who have sold their slaves when in flight are also liable under this Decree of the Senate.

3Marcianus, Public Prosecutions, Book I. A bona fide possessor is not liable to the penalty imposed by the Favian Law for having wrongfully withheld a slave; that is to say, if he did not know that the slave belonged to another, or if he thought that he acted with the consent of his master. And the law itself is framed in this way with reference to a bona fide possessor, for there is added, “If he did this knowingly and fraudulently.” It has very frequently been decided by the Emperors Severus and Antoninus that bona fide possessors are not liable under this law. 1It should not be forgotten that, as under the Aquilian Law, if the person on whose account the Favian Law was violated should die, the accusation and the penalty prescribed by the Favian Law will continue to exist, as the Divine Severus and Antoninus stated in a Rescript.

4Gaius, On the Provincial Edict, Book XXII. He is liable under the Favian Law who either donates, or gives by way of dowry, a man whom he knows to be free; likewise, anyone who, knowing a man to be free, accepts him under such circumstances, should be included in the same class to which a vendor and a purchaser belong. The same rule will apply where property is given in exchange for such a man.

5Modestinus, Opinions, Book XVII. Gave it as his opinion that he who is alleged to have received a fugitive slave belonging to another, and to have concealed him, even if he asserts that he is his property, can, by no means, escape the penalty, if he is proved to be guilty.

6Callistratus, On Judicial Inquiries, Book VI. He does not forthwith become a kidnapper who is guilty of theft, on the ground of withholding slaves belonging to another, for the Divine Hadrian stated in a Rescript: “He who has solicited or appropriated the slaves of another gives rise to the question whether he is, or is not liable for the crime of kidnapping, of which he is accused; and therefore it is not necessary to consult me on this point. The judge, however, in a case of this kind must decide what he knows to be perfectly true, for it is evident that he must be aware that a person can be guilty of the crime of theft with reference to slaves taken from others, and not necessarily for that reason, be considered guilty of kidnapping.” 1The same Emperor stated in a Rescript with reference to the same matter: “Where one or more fugitive slaves is found in the possession of anyone who has hired their services in consideration of their maintenance, and the said slaves had previously performed labor for others, no one can properly say that the above-mentioned person has appropriated them.” 2It is provided by the Favian Law that: “A freeman who conceals one who is freeborn or a freedman, against his will; or has kept him in fetters, and has knowingly and fraudulently purchased him; or has been associated with anyone in a transaction of this kind; or has persuaded the male or female slave of another to run away from his or her master or mistress; or has concealed such a slave without the knowledge or consent of his or her master or mistress; or has kept him or her chained; or knowingly and fraudulently has purchased the slave, or has been implicated in any of these crimes, shall suffer the penalty of the law.”

7Hermogenianus, Epitomes of Law, Book VI. The pecuniary penalty prescribed by the Favian Law has now ceased to be imposed; for those who are convicted of this crime are punished in proportion to its gravity, and are usually sentenced to the mines.