[ULPIANUS libro primo ad edictum aedilium curulium. ] §21.1.17.prQuid sit fugitiuus, definit Ofilius: fugitiuus est, qui extra domini domum fugae causa, quo se a domino celaret, mansit.
[ULPIANUS in the first book on the edict of the curule aediles.] Ofilius defines what a runaway is: a runaway is one who has stayed outside his master's house for the purpose of flight, in order to conceal himself from his master.
§21.1.17.1Caelius autem fugitiuum esse ait eum, qui ea mente discedat, ne ad dominum redeat, tametsi mutato consilio ad eum reuertatur: nemo enim tali peccato, inquit, paenitentia sua nocens esse desinit. §21.1.17.2Cassius quoque scribit fugitiuum esse, qui certo proposito dominum relinquat.
But Caelius says that a person is a runaway who departs with the intention of not returning to his master, even if, having changed his mind, he should return to him; "for no one," he says, "ceases to be guilty of such an offense by his own repentance." Cassius also writes that a person is a runaway who leaves his master with a definite purpose.
§21.1.17.3Item apud Uiuianum relatum est fugitiuum fere ab affectu animi intellegendum esse, non utique a fuga: nam eum, qui hostem aut latronem, incendium ruinamue fugeret, quamuis fugisse uerum est, non tamen fugitiuum esse.
Likewise, it is reported in Vivianus that a runaway is to be understood generally from the disposition of his mind, and not necessarily from the flight itself; for a person who fled from an enemy or a robber, or from a fire or a collapse, although it is true that he has fled, is nevertheless not a runaway.
item ne eum quidem, qui a praeceptore cui in disciplinam traditus erat aufugit, esse fugitiuum, si forte ideo fugit, quia immoderate eo utebatur.
Likewise, not even he who ran away from a teacher to whom he had been delivered for instruction is a runaway, if by chance he fled because the teacher treated him immoderately.
idemque probat et si ab eo fugerit cui erat commodatus, si propter eandem causam fugerit.
And he approves the same even if he fled from one to whom he had been lent, if he fled for the same cause.
idem probat Uiuianus et si saeuius cum eo agebat.
Vivianus approves the same also if the person was dealing with him more harshly.
haec ita, si eos fugisset et ad dominum uenisset: ceterum si ad dominum non uenisset, sine ulla dubitatione fugitiuum uideri ait.
These things are so if he fled from them and came to his master; but if he did not come to his master, he says that without any doubt he is seen as a runaway.
§21.1.17.4Idem ait interrogatus Proculus de eo, qui domi latuisset in hoc scilicet, ut fugae nactus occasionem se subtraheret: ait, tametsi fugere non posset uideri, qui domi mansisset, tamen eum fugitiuum fuisse: sin autem in hoc tantum latuisset, quoad iracundia domini efferuesceret, fugitiuum non esse, sicuti ne eum quidem, qui cum dominum animaduerteret uerberibus se adficere uelle, praeripuisset se ad amicum, quem ad precandum perduceret.
Proculus, when asked about one who had hidden at home, namely, to withdraw himself when he found an opportunity for flight, says the same: he says that, although he who had remained at home could not seem to flee, nevertheless he was a runaway; but if he had hidden only until his master's anger should cool down, he is not a runaway, just as not even he is a runaway who, perceiving that his master wanted to inflict lashes upon him, had hastened away to a friend to bring him to intercede.
ne eum quidem fugitiuum esse, qui in hoc progressus est, ut se praecipitaret (ceterum etiam eum quis fugitiuum diceret, qui domi in altum locum ad praecipitandum se ascendisset), magisque hunc mortem sibi consciscere uoluisse.
Not even he is a runaway who went so far as to throw himself down (otherwise, one might even call a runaway him who had ascended to a high place at home to throw himself down), and rather this person wished to inflict death upon himself.
illud enim, quod plerumque ab imprudentibus, inquit, dici solet, eum esse fugitiuum, qui nocte aliqua sine uoluntate domini emansisset, non esse uerum, sed ab affectu animi cuiusque aestimandum.
For that which is usually said by the ignorant, he says, that he is a runaway who has stayed away for some night without his master's consent, is not true, but must be judged by the disposition of each person's mind.
§21.1.17.5Idem Uiuianus ait, si a magistro puer recessit et rursus ad matrem peruenit, cum quaereretur, num fugitiuus esset: si celandi causa quo, ne ad dominum reuerteretur, fugisset, fugitiuum esse: sin uero ut per matrem faciliorem deprecationem haberet delicti alicuius, non esse fugitiuum.
The same Vivianus says, when a boy departed from his teacher and reached his mother again, and it was asked whether he was a runaway: if he had fled to some place for the purpose of hiding so as not to return to his master, he is a runaway; but if indeed it was so that through his mother he might have an easier intercession for some offense, he is not a runaway.
§21.1.17.6Caelius quoque scribit, si seruus emerit, qui se in Tiberim deiecit, si moriendi dumtaxat consilio suscepto a domino discessisset, non esse fugitiuum, sed si fugae prius consilium habuit, deinde mutata uoluntate in Tiberim se deiecit, manere fugitiuum.
Caelius also writes, if anyone should buy a slave who threw himself into the Tiber: if he had departed from his master with only the intention of dying having been undertaken, he is not a runaway; but if he first had the intention of flight, and then, his will having changed, threw himself into the Tiber, he remains a runaway.
eadem probat et de eo, qui de ponte se praecipitauit.
He approves the same also of him who threw himself from a bridge.
haec omnia uera sunt, quae Caelius scribit.
All these things which Caelius writes are true.
§21.1.17.7Idem ait, si seruus tuus fugiens uicarium suum secum abduxit: si uicarius inuitus aut imprudens secutus est neque occasionem ad te redeundi nactus praetermisit, non uideri fugitiuum fuisse: sed si aut olim cum fugeret intellexit quid ageretur aut postea cognouit quid acti esset et redire ad te cum posset noluit, contra esse.
The same says, if your slave while fleeing took his sub-slave with him: if the sub-slave followed unwillingly or unknowingly, and did not neglect an opportunity of returning to you having found it, he is not seen to have been a runaway; but if he either understood what was being done long ago when he was fleeing, or afterwards knew what had been done and refused to return to you when he could, the contrary is true.
idem putat dicendum de eo, quem plagiarius abduxit.
He thinks the same must be said of him whom a kidnapper carried away.
§21.1.17.8Idem Caelius ait, si seruus, cum in fundo esset, exisset de uilla ea mente, ut profugeret et quis eum, priusquam ex fundo tuo exisset, comprehendisset, fugitiuum uideri: animum enim fugitiuum facere.
The same Caelius says, if a slave, when he was on an estate, had gone out of the villa with the intention of escaping, and someone had apprehended him before he had gone out of your estate, he is seen to be a runaway; for the intention makes the runaway.