2. THEFTS
In lieu of an abstract, here is a brief excerpt of the content:

BOOK FORTY-SEVEN /THEFTS 251 slave and whipped him, he would be liable to both actions, that for theft and that for insult; and should he kill him, he would be liable to three actions. 5. Then, if a person abducted another man's female slave and debauched her, he would be liable in both actions, that for making a slave worse and the action for theft. 6. And if someone wounded the slave whom he stole, both the Aquilian action and that for theft would lie. 3 ULPIAN,Duties of Proconsul, book 2: When someone wishes to proceed with an action arising from delict, if he wants to have a pecuniary award, he must have recourse to the ordinary law and will not need to launch a criminal prosecution; but if he seeks the extraordinary punishment of the miscreant, he must institute a prosecution against him. THEFTS 1 PAUL,Edict, book 39: Theft, says Labeo, derives its name from the dark, that is, from black; it is what happens furtively and by stealth, most frequently by night; for Sabinus, it comes from fraud; or it comes from taking and carrying away or from the language of the Greeks who style thieves +&pal; indeed, the Greeks derive $Opal from curd TOU +EPELV (to take away). 1. Hence, mere theftuous intent does not make a thief. 2. Thus, one who denies the existence of a deposit with him does not at once become liable for theft but only if he conceal the thing with a view to appropriating it. 3. Theft is a fraudulent interference with a thing with a view to gain, whether by the thing itself or by the use or possession of it. This natural law proscribes. 2 GAIUS,Edict, book 13: Theft is of two kinds: either it is manifest or it is not manifest. 3 ULPIAN,Sabinus, book 41: A thief is manifest whom the Greeks describe as 'ET' a v ~ o $ O p ~ , that is, one caught in the act of theft. 1. And it makes little difference whether he be caught by the owner of the thing or by someone else. 2. But is a thief manifest only if he be caught in the act or also if he be apprehended elsewhere? The better view is that which appears in the writings of Julian, that is to say, that although he be not taken at the scene of the offense, he will still be a manifest thief if he be taken with the stolen thing, before he has taken it to its intended destination. 4 PAUL,Sabinus, book 9: "Destination," for this purpose, means "the place where he aimed to remain that day with the stolen thing." 5 ULPIAN,Sabinus, book 41: Consequently, whether he be apprehended in a public place or in a private one, before he gets the thing to its intended resting place, he is in such a case that he will be a manifest thief, if caught with the stolen goods; so wrote Cassius. 1. But if he should have reached his destination, then, although he later be found with his booty, he will not be a manifest thief. 6 PAUL,Sabinus, book 9: Although there may be theft where there are frequent interferences , nevertheless, it is to the beginning, that is, the time of the first such interference, that we must look to decide whether the theft be manifest or not. BOOK FORTY-SEVEN /THEFTS 251 slave and whipped him, he would be liable to both actions, that for theft and that for insult; and should he kill him, he would be liable to three actions. 5. Then, if a person abducted another man's female slave and debauched her, he \vould be liable in both actions, that for making a slave worse and the action for theft. 6. And if someone wounded the slave whom he stole, both the Aquilian action and that for theft would lie. 3 ULPIAN, Duties of Proconsul, book 2: When someone wishes to proceed with an action arising from delict, if he wants to have a pecuniary award, he must have recourse to the ordinary law and will not need to launch a criminal prosecution; but if he seeks the extraordinary punishment of the miscreant, he must institute a prosecution against him. 2 THEFTS 1 PAUL, Edict, book 39: Theft, says Labeo, derives its name from the dark, that is, from black; it is what happens furtively and by stealth, most frequently by night...