Humanitext Reader

Justinian I · The Digest of Justinian §47.2.3.pr-47.2.3.2

Definition of a Manifest Thief and Conditions of Capture

Passage 7863 of 9271 · Latin

Summary

Ulpian defines a 'manifest thief' (caught red-handed) and supports the prevailing view of Julian, which states that a thief is manifest even if caught outside the crime scene, provided they are caught with the stolen property before reaching their intended destination.

[ULPIANUS libro quadragensimo primo ad Sabinum. ] §47.2.3.prFur est manifestus, quem graeci ἐπ’ αὐτοφώρῳ appellant, hoc est eum, qui deprehenditur cum furto.
[ULPIANUS libro quadragensimo primo ad Sabinum.] A manifest thief is one whom the Greeks call 'ep’ autophoroi', that is, one who is caught with the theft.
§47.2.3.1Et parui refert, a quo deprehendatur, utrum ab eo cuius res fuit an ab alio.
And it matters little by whom he is caught, whether by the person whose property it was, or by someone else.
§47.2.3.2Sed utrum ita demum fur sit manifestus, si in faciendo furto deprehendatur, an uero et si alicubi fuerit deprehensus? et magis est, ut et Iulianus scripsit, etsi non ibi deprehendatur, ubi furtum fecit, adtamen esse furem manifestum, si cum re furtiua fuerit adprehensus, priusquam eo loci rem pertulerit, quo destinauerat.
But is he a manifest thief only if he is caught in the act of committing the theft, or indeed also if he is caught anywhere else? And it is more correct, as Julian also wrote, that even if he is not caught in the place where he committed the theft, he is nevertheless a manifest thief if he is caught with the stolen property before he has brought the property to the place which he had intended.

Notes

  1. §47.2.3.prcum furto — This literally means 'with the theft', but it carries a double meaning, referring both abstractly to 'in the act of theft' and concretely to 'with the stolen object'. In comparison with 'cum re furtiua' (with the stolen property) in §47.2.3.2, it is understood here as primarily referring to being caught in possession of the stolen object.
  2. §47.2.3.1parui refert — The impersonal verb 'refert' (it matters) is combined with the genitive of value 'parui' (of little value/little) to mean 'it matters little' or 'it makes little difference'. The following indirect question clause 'a quo deprehendatur' (by whom he is caught) functions as the subject.
  3. §47.2.3.2et magis est — 'magis est' is an impersonal idiomatic expression in juristic discourse meaning 'it is more correct' or 'the prevailing view is'. After the insertion of the clause 'ut et Iulianus scripsit' (as Julian also wrote), the accusative and infinitive clause 'esse furem manifestum...' (that he is a manifest thief) follows as the substantive subject.

Cite this passage

Justinian I, The Digest of Justinian §47.2.3.pr-47.2.3.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.2.3.pr-47.2.3.2

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.