ROBBERY, in the Roman law, was called Rapina, and the remedy of the injured person was the actio vi bonorurn raptor= against the robber. Robbery was, in fact, a species of Furtum ; for the definition of furtum was," a fraudulent carrying off (contrectatio) of a moveable thing against the owner's consent." The word ' fraudulent " com prehended the notion of a person carrying off the thing for the purpose of making it his own. Rapine only differed from Furtum in being ratted by form Furtur; was committed hi various ways, besides by taking another s property. A debtor committed furtum, if he fraudulently carried off a thing which ho had pledged to his creditor. It was hut= to use a thing that had been lent, for a different purpose from that for which it had been lent. Furtum was either manifestum or nee mauifstwst. It was furtum inauifestum beyond all doubt when the thief WIN caught in the act ; but there wee a difference of opinion as to whether it was furtum manifestum or nee manifestum in a variety of maga. Accenting to some writers, it was furtum manifestum if the thief was taken with the thing before he had reached the place to bleb ho intended to carry it. Furtum which was not manifeatum was nee manifestum. The Twelve Tables made the punishment of furtum iisanifest um a capital oftCnee, that is, an offence the penalty for which affected a person's caput or status. The edict changed this into
an actin quadrupli. The remedy in the case of furtum nee manifestum, which the Twelve Table. gave, was an actin dupli, which the edict retained. All persons could have the actin furti who had an interest in the preservation of the stolen thing ; consequently others besides the owner might bring the action, a bailee for instance : and sometimes the owner could not bring it, as in the case of bailment, provided the bailee was a reerousible person. If he was a responsible person, he was bound to make goal the loan to the owner, and consequently could bring the action, and the owner could not, Condemnation in all actin fart! was followed by infamies The owner of the thing might also bring his action for the recovery of the thing itself or its value.
The law of the Twelve Tables permitted a person to kill a thief who was detected in the act of theft, in the night ; and a thief might be killed in the (ley-time, if he defended himself with any weapon (Velum). lint the severity of the old civil law was gradually miti gated by the edict, and the offence of theft was, as already observed, only punishable by an action of fnrtum, and the consequent pecuniary penalties.
The Roman law of Furtum is stated in Gains, iii. 183.209; Al., 47, tit. 2 : Isar., 4, tit, I.