I think it would be quite a reach to claim that a person "selling " a Gifted child was depriving another magus of their power. Unless the other magus had given time and or money into training the child only to have it poached ( which I think is a side bar Story Seed in a book). Even then it is debatable. If the Finder of Gifted Children ( for lack of a better title) could team up with a Bonisagus who could effectively block others from just grabbing the child, it would work. And if the person would, while they traveled with the child, teach it Latin, then it becomes even more valuable.
In reading through the wiki link on medieval slavery, the Merovingian empire functionally prohibited slavery. Therefore, if a Christian were to buy a slave there, it would basically be "setting them free" or "adopting them". The only real issue I see is that they don't send them back to their parents, if they were a youth. Although in reading through the wiki entry - their parents were probably slaves as well, or killed - so it was probably a moot point.
If anyone asks, the (truthful) justification would be "I belong to an Order of scholars in search for apprentices. The child has been found worthy, and as such will be considered as such for the next fifteen years. I will be educating them for the next season or two until I find a suitable master for them. I will then hand them over, as an apprentice, to the scholar in question, who will adopt the child."
So, legally at least, it ceases to be slavery the moment the magi (or the agent) buys the slave.
In looking through he core rulebook, (AM5th, pg. 106),
So, it seems that "purchased my apprentice in a slave market" is a perfectly valid thing to do - inasmuch as apprenticeship is considered a form of adoption. The only question is, then - the second half: the transporting from the slave market to paren.
EDIT - which, admittedly, now that I went back and re-read it, you mention I your original post. So, I guess this further justifies the whole "legally, it's probably fine" idea. But I also don't see priests or grogs in the order as particularly caring.
OK, so the priest disapproves...of the Agent buying children out of bondage, giving them an education, and getting them adopted? Any such disapproval would have to be directed at the apprentice process itself (which I agree seems to be a form of slavery), rather than this process. At the end of the day, it's a for-profit adoption agency. Maybe not as ethical as a non-profit...but if it's so important, other magi could just as easily step in and do it for free.
It's not the selling that is a deprivation of magical power, it is either the refusal to sell at a "fair" price or the fact that he holds onto these children for long periods of time trying to find the best buyer. Any magus, though, has the right under the Code to simply take a child whose Arts haven't been opened. This may be uncouth behavior, but that will be determined a lot by the saga/Tribunal. For example, this behavior wouldn't be tolerated in Thebes.
The dynamics of the Gift also pose a problem for a magus undertaking this effort, when more than one child is involved. Both children will have a strong distrust for the magus and each other, unless Parma is around them all the time. The children could easily see that the magus is playing favorites with the other one and at the least they end up fighting or the worst that one of them is killed. Parma can mitigate this somewhat, but Parma doesn't persist when the children are out of sight.
Yeah, I was thinking that this would only be an issue if you started to get into Oliver Twist-style orphanages. (both in size and organization.) The former for issues with the Gift, and the latter with issues of ethical violations. If it's only one or two apprentices a year, (most of the activity farmed out to grogs and private tutors, of course), then it's significantly less of an issue.
In thinking about it a bit more: if the Agent was sufficiently above-the-board and established in Tribunal as a legitimate source of apprentices, the other restriction on taking apprentices from him without payment would likely be some sort of Tribunal restriction (garnered politically), or else a simple Wizard's War - in the "the agent is a known and respected source of apprentices, and you couldn't be bothered to pay the 10 pounds of silver (or whatever) to compensate for the housing and education of the child, and a reasonable profit. You're a jerk."
I would imagine that if the Agent would have to have some combat Wizard in his back pocket to enforce this. He'd also need to keep the quality of the housing and training of the apprentices up to a reasonable quality, to keep the rest of the Tribunal from coming down on him.
Unless he is or has a Bonisagus in his back pocket, the seller can not prevent a magus from claiming the child outside of certamen. But if the seller has taught Latin then he would most likely win any case as he has put time and effort into the child.
Now if the Finder of Gifted Children were a group of Recaps that just got one and gathered Tribunals or other places for sale it would get around most of the Gift problems.
Any time invested in the child is irrelevant. The only relevant detail is whether or not the Arts have been Opened. He isn't an apprentice until that is done, and unless, as BlackLiger suggests, he is a duly recognized agent of the Tribunal he has no recourse under Lex Hermetica.
If it's a one on one relationship, certainly. Keeping the apprentices isolated is a problem in Tribunals, though.
I have to agree that this would have to be an entirely transparent process and would have to have the blessing of the Tribunal (as their process does in Thebes). Magi in Thebes may take apprentices in the standard Hermetic fashion, but they will likely receive a shard, and having received one the will risk being ostracized or will have to work off their debt to the Tribunal. The only appeal is to make a case at Grand Tribunal that the Theban peripheral code is depriving him of his magic for exercising his rights under the Oath of Hermes, which is unlikely, except for a magus with a lot of connections to the Prima Bonisagus. I'll disagree that it's 10 pounds of silver, probably a rook of vis and other stuff like silver. Think of how much time this saves a magus.
I certainly believe that no magi in a story I am in would choose to purchase an apprentice that was already initiated through the opening of their Gift. Game mechanic aside, I have always believed the Opening of the Arts is a lengthy ritual of expanding the mind of a mortal to that of a magic slinging demi-god. So not only would each House have its own method, but I imagine many magi would be very specific about the first and most intimate of rituals that they would share with their apprentice.
Some magi would be accepting of a child with Arts Opened, but I doubt that this would extend beyond the Societas
If Hermetic Magic Theory is the basis for the 15 Arts, Opening the Arts should be consistent to every House, with perhaps the exception of an ex Misc tradition. This harkens to a discussion in another thread going on about Mysteries. I believe that Hermetic Magic has pulled all of the mystery out of Magic Theory, and anyone can open the Arts. The things that differentiate the Houses are clearly something that takes years to take hold. There's very little canonical text that suggests that Opening the Arts are unique to each House. They may be unique to each magus, based on their Arts, Virtues and Flaws, but probably follow a specific script, for lack of a better word.
For the first time ever, someone sees what I have been trying to say all along.
There is no such thing as Hermetic Magic or Wizards or any of that. It is all equally make believe. People argue over "that doesn't seem realistic"; "magi wouldn't do that"; and onandonandon...
Your version, my version, the RAW version, it is all fiction. It is all impossible.
I have run into issues with players trying to impose a gnostic or new age paradigm on my game, and whine about how the existance of God in the game breaks their suspension of disbelief. But the magic spells sit just fine with them... 
Not true. Both Verditius magi and Bjornaer magi require their gift be opened a special certain way in order to start off with their House Mystery. If the gift is already opened, they loose their chance to gain Heartbeast or Verditius magic.
True, regarding the Verditius.
But the Heartbeast is initiated at the Gathering of 12 years, not when the Arts are opened.
You got me there. I thing for the Bjornaer, they consider you a magus after your first gathering where you learn the Heartbeast, even if your gift was only opened a year previous.
And yes, there will be many for whom an opened gift makes the perfectly suited apprentice. Butthere will be those who want to do it themselves. So there will be different markets fr different clients.
So, in order to protect the investment, he needs to have a license or charter from the Tribunal or open the Gift. Trying to do this operation in secret is ill-advised, and that's that...
One potential thing that mightwork for unclaimed candidates is to donate them to the Theban tribunal and make it their problem, in return for the standard reward of a token which has barter value within the tribunal. I say might, because I think you have to be a polites (citizen) of the Theban tribunal in order to get tokens, but that probably also makes you subject to the ruling that you have to hand in all of the apprentices you find to the tribunal. It's probably possible to get round this problem with a carefully chosen ally.
I think you people are forgetting that a solid punch in the nose, or the threat thereof, is a useful deterrent. Legal ramifications aside, not many people like getting punched in the nose even if they are in the right. Legal-this and legal-that, blah-blah-blah. Intimidation plays a factor in real world business all the time. Do you expect me to believe that these magi a half-step away from barbarianism have a more sophisticated and efficient system of law enforcement and judiciary than we do today? What, with this totalitarian and fascist regime that controls over half the world?
:mrgreen:
Just talking out my @$$ everyone, no need to panic.
Speak softly and carry a big stick.
I had a character who did this for a while, early on. She would find a gifted child and start training them. The covenant redcap would then ask about looking for who was looking for an apprentice, and contract out to deliver to them a pre trained (in Latin and Magic theory) apprentice in exchange for vis. The redcap kept a percentage, and until they paid the purchasing magi never knew where the apprentice to be was located. Gifts were not opened. At least until the living ghost of a Diedne mage decided to open one of her students when she wasn't paying attention...
That would be the Wizard's War option, I believe.
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The only way to insure peace is to prepare for war. And as Mister Link Said, "Speak Softly and Carry a Big Stick".
Or maybe that was Teddy...
No, Not Wizard War. I mean a simple punch in the nose. No warning or declaration. So then you sue me or declare back? Another punch, my buddies pay you a visit, your apprentice winds up sleeping with fishes.
Don't like dealing with rough & tough guy types? Don't dabble in the back market or mess with my business. Youse gotta problem wit dat? I didn't tink so. 