15. COLLUSION
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302 BOOK FORTY-SEVEN/COLLUSION punishment does not apply everywhere but only in places where this sort of offense is rife. In other cases, they are condemned to forced labor, sometimes temporary." 1. Correctly speaking, they are offenders of this kind who drive off beasts from pastures or herds and ravage in some way, and they practice their activity almost as an art, driving away horses and oxen from their herds. But if someone take off a straying ox or horses left in the wilds, he is not a cattle thief as such, rather an ordinary thief. 2. Those who make off with a pig or goat or a wether should not be punished so severely as those who drive off the larger beasts. 3. Now although Hadrian prescribed the mines, forced labor, and even death as punishments, those born of respectable rank should not be subjected to such punishment but should be relegated to an island or removed from their civic order. Those who drive off cattle at swordpoint are not improperly exposed to the beasts. 4. One who drives off cattle, over the ownership of which he has raised a dispute, should be remitted, as Saturninus writes, to civil proceedings. This, however, is to be accepted only where he makes a claim of right in good faith and not as a pretext for thieving. 2 MACER,Public Prosecutions, book 1:The offense of cattle stealing is not dealt with by a public prosecution, because it is rather a form of theft. But since cattle thieves frequently employ arms, it is accepted that if they be apprehended, they are to be severely punished. 3 CALLISTRATUS, Judicial Examinations, book 6: According to the number of sheep driven off, a man will be an ordinary thief or a cattle thief. Some held the view that ten sheep make a flock; and if four or five pigs or even a single horse or ox be driven off, the offense of cattle stealing is committed. 1. Punishment should be more severe for one who drives off a broken-in animal from its stall and not from the woods or a herd. 2. Those who have often committed this offense, although they take only one or two animals, are cattle thieves. 3. The penalty for those who harbor cattle thieves is laid down in a letter of the deified Trajan; they are to be relegated from the land of Italy for ten years. COLLUSION 1 ULPIAN, Praetor's Edict, book 6:A double dealing prosecutor, a prevaricator, is like one straddling both sides; for he assists the other party, betraying his own client. Labeo says that the term derives from a manifold contest; for the prevaricator acts on both sides, not on one alone. 1. He is properly called a prevaricator who prosecutes in a public prosecution; an advocate is not correctly so styled. What happens to him? 302 BOOK FORTY-SEVEN /COLLUSION punishment does not apply everywhere but only in places where this sort of offense is rife. In other cases, they are condemned to forced labor, sometimes temporary." 1. Correctly speaking, they are offenders of this kind who drive off beasts from pastures or herds and ravage in some way, and they practice their activity almost as an art, driving away horses and oxen from their herds. But if someone take off a straying ox or horses left in the wilds, he is not a cattle thief as such, rather an ordinary thief. 2. Those who make off with a pig or goat or a wether should not be punished so severely as those who drive off the larger beasts. 3. Now although Hadrian prescribed the mines, forced labor, and even death as punishments, those born of respectable rank should not be subjected to such punishment but should be relegated to an island or removed from their civic order. Those who drive off cattle at swordpoint are not improperly exposed to the beasts. 4. One who drives off cattle, over the ownership of which he has raised a dispute, should be remitted, as Saturninus writes, to civil proceedings. This, however, is to be accepted only where he makes a claim of right in good faith and not as a pretext for thieving. 2 MACER, Public Prosecutions, book 1: The offense of cattle stealing is not dealt with by a public prosecution, because it is rather a form of theft. But since cattle thieves frequently employ arms, it is accepted that if they...


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