15. LEX FABIA ON KIDNAPPERS
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BOOK FORTY-EIGHT/KIDNAPPERS 14 THE LEX JULIA ON ELECTORAL CORRUPTION 1 MODESTINUS, Punishments, book 2: This law is nowadays of no effect in Rome, since the creation of magistrates is a matter for the attention of the emperor and not for the favor of the people. 1.But if anyone in a municipality seeks a magistracy or a priesthood contrary to this statute, he is punished by senatus consulturn with a fine of one hundred aurei and with infamia. 2. Should a person condemned under this statute convict another person, he is restored to his previous status, but does not recover his money. 3. Again, he who introduces a new tax is by senatus consulturn inflicted with the samepenalty. 4. And if anyone, accused or accuser, entersthejudge's house, by the lex Julia judiciaria he commits an offense against the law on electoral corruption , that is, he is ordered to pay one hundred aurei to the imperial treasury. 1 ULPIAN,Rules, book 1: If a buyer knowingly buys a freeman, this gives rise to a capital charge against him under the lex Fabia on kidnapping, to which the seller also is liable if he sells him knowing him to be free. 2 ULPIAN,Duties o f Proconsul, book 9: You should know that the lex Fabia does not apply to those who have sold absent slaves whom they own; for it is one thing to be absent and another to be on the run. 1. Again, it does not apply to a man who has given a mandate that a runaway slave be pursued and sold of$ for he has not sold him in flight. 2. To put it more fully, if someone gives a mandate to Titius that he is to seize a runaway slave so that, if he has seized him, he may treat him as having been bought, the senatus consulturn does not apply. 3. However, this senatus consultum also covers masters who sell their slaves while in flight. 3 MARCIAN, Criminal Proceedings, book 1: A bona fide possessor is not liable to a charge under the lex Fabiu of concealing a slave, that is, someone who was unaware that the slave was another's and thought that he was acting at the master's wish. The statute itself is drafted thus concerning the bona fide possessor; for it adds "if h e does so knowingly, with malicious intent"; and it was very frequently laid down by the Emperors Severus and Antoninus that bona fide possessores are not to be liable under this statute. 1. One must not omit [to mention] that, as in the case of the lex Aquilia, if the one on whose account a person has committed an offense under the lex Fabia dies, the charge, and the penalty under the lex Fabia, survive, as the deified Severus and Antoninus wrote in a rescript. 4 GAIUS,Provincial Edict, book 22: Under the lex Fabia someone is liable who knowingly makes a gift of a freeman or gives him as a dowry; again, he who for any of those reasons accepts him, knowing him to be a freeman, should be regarded as in the same category as the seller and buyer. It is the same if property be given in exchange for him. 5 MODESTINUS, Replies, book 17: The opinion was given that a person who is shown to have received and concealed another's runaway slave could have very little chance of avoiding the charge, if it were proved, on the grounds that he was raising the question of ownership. 6 CALLISTRATUS, Judicial Examinations, book 6: A person is not immediately to be [reckoned as] a kidnapper because he is liable to a charge of theft for appropriating other men's slaves, as the deified Hadrian wrote in a rescript, in these words: "Whether 348 BOOK FORTY-EIGHT IKIDNAPPERS 14 THE LEX JULIA ON ELECTORAL CORRUPTION 1 MODESTINUS, Punishments, book 2: This law is nowadays of no effect in Rome, since the creation of magistrates is a matter for the attention of the emperor and not for the favor of the people. 1. But if anyone in a municipality seeks a magistracy or a priesthood contrary to this statute, he is punished by senatus consultum with a fine of one hundred aurei and with infamia. 2. Should a person condemned under this statute convict another person, he is restored to his previous status, but does not recover his money. 3. Again, he who...