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.

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.

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.