[PAULUS libro quarto ad edictum. ] §2.7.4.prSed eximendi uerbum generale est, ut Pomponius ait.
[PAULUS, in the fourth book on the Edict.] But the word "to rescue" is general, as Pomponius says.
eripere enim est de manibus auferre per raptum: eximere quoquo modo auferre.
For "to snatch away" is to take away from one's hands by violent seizure; "to rescue" is to take away in any manner whatsoever.
ut puta si quis non rapuerit quem, sed moram fecerit quo minus in ius ueniret, ut actionis dies exiret uel res tempore amitteretur: uidebitur exemisse, quamuis corpus non exemerit.
For example, if someone does not snatch a person away, but causes a delay so that he does not come to court, with the result that the day for the action expires or the property is lost through lapse of time: he will be deemed to have rescued him, although he did not remove his physical body.
sed et si eo loci retinuerit, non abduxit, his uerbis tenetur.
But also if he detained him in that place and did not lead him away, he is bound by these words.
§2.7.4.1Item si quis eum, qui per calumniam uocabatur, exemerit: constat eum hoc edicto teneri.
Likewise, if anyone rescues someone who was summoned vexatiously, it is established that he is held liable under this edict.
§2.7.4.2Praetor ait 'neue faciat dolo malo, quo magis eximeretur': nam potest sine dolo malo id fieri, ueluti cum iusta causa est exemptionis.
The praetor says: "nor shall he act with malicious intent so that he might be rescued"; for this can occur without malicious intent, as when there is a just cause for rescue.