The Institutes 535 CE part 59

September 2, 2019

We must also extend manifest theft to the case of a thief seen or seized by the owner or any one else in a public or private place, while still holding the thing he has stolen, before he has reached the place where he meant to take and deposit it. But if he once reaches his destination, although he is afterwards taken with the thing stolen on him, he is not a manifest thief. What we mean by a not manifest thief may be gathered from what we have said, for a theft which is not a manifest theft is a not manifest theft.

4. There is what is termed conceptum furtum, when a thing stolen has been sought and found in the presence of witnesses in any one’s house; for although this person may not be the actual thief, he is liable to a special actio termed concepti. There is what is termed furtum oblatum, if a thing stolen has been placed in your hands and then seized in your house; that is, if the person who placed it in yours hands did so, that it might be found rather in your house than in his.

Actio prohibiti furti against

For you, in whose house it had been seized, would have against him who placed it in your hands, although he were not the actual thief, a special actio termed oblati. There is also the actio prohibiti furti against a person who prevents another who wishes to seek in the presence of witnesses for a thing stolen; there is, too, by means of the actio furti non exhibiti, a penalty provided by the edict of the praetor against a person who has not produced a thing stolen which has been searched for and found in his possession.

But these actiones, concepti, oblati, furti, prohibitii and furti non exhibiti, have fallen into disuse; for search for things stolen is not now made according to the ancient practice, and therefore these actiones have naturally ceased to be in use, as all who knowingly have received and concealed a thing stolen are liable to the actio furti nec manifesti.

5. The penalty for manifest theft is quadruple the value of the thing stolen, whether the thief be a slave or a freeman; that for theft not manifest is double.