[CALLISTRATUS libro sexto de cognitionibus. ] §48.15.6.prNon statim plagiarium esse, qui furti crimine ob seruos alienos interceptos tenetur, diuus Hadrianus in haec uerba rescripsit: 'Seruos alienos qui sollicitauerit aut interceperit, crimine plagii, quod illi intenditur, teneatur nec ne, facit quaestionem: et ideo non me consuli de ea re oportet, sed quod uerissimum in re praesenti cognoscitur, sequi iudicem oportet.
[CALLISTRATUS, Book VI on Cognitions.] The divine Hadrian replied by rescript in the following words that a person who is held liable for the crime of theft on account of having intercepted another's slaves is not immediately a kidnapper: "Whether a person who has enticed or intercepted another's slaves is held liable for the crime of kidnapping which is charged against him, raises a question; and therefore it is not appropriate for me to be consulted on this matter, but it is appropriate for the judge to follow what is found to be most true in the present case.
plane autem scire debet posse aliquem furti crimine ob seruos alienos interceptos teneri nec idcirco tamen statim plagiarium esse existimari'. §48.15.6.1Idem princeps de eadem re in haec uerba rescripsit: Apud quem unus aut alter fuerit fugitiuus inuentus, qui operas suas locauerint ut pascerentur, et utique si idem antea apud alios opus fecerint, hunc suppressorem non iure quis dixerit'. §48.15.6.2Lege Fabia cauetur, ut liber, qui hominem ingenuum uel libertinum inuitum celauerit iuinctum habuerit emerit sciens dolo malo quiue in earum qua re socius erit, quique seruo alieno seruaeue persuaserit, ut a domino dominaue fugiat, uel eum eamue inuito uel insciente domino dominaue celauerit, iuinctum habuerit emerit sciens dolo malo quiue in ea re socius erit, eius poena teneatur.
However, he ought to know clearly that someone can be held liable for the crime of theft on account of having intercepted another's slaves, but is not for that reason, however, immediately deemed to be a kidnapper." The same emperor replied by rescript on the same matter in the following words: "If one or two runaways are found in the possession of someone, who let out their services in order to be fed, and especially if the same had previously worked in the possession of others, no one could rightfully call this person a concealer." It is provided by the Lex Fabia that a free person who, against their will, has concealed, held bound, or knowingly with malicious intent purchased a freeborn person or a freedman, or who has been an accomplice in any of these matters, and who has persuaded another's male or female slave to flee from his or her master or mistress, or has, against the will or without the knowledge of the master or mistress, concealed, held bound, or knowingly with malicious intent purchased him or her, or who has been an accomplice in that matter, shall be liable to its penalty.