furtum english theft
THECLA, ST, virgin, is commemorated by the Latin form of furtum called plagium). The latter would be in Church on September 23. The Breviary relates that English law an abduction under certain circumstances, but she was born of illustrious parentage at Iconium, and not a theft. On the other hand, one of two married came under the personal teaching of the apostle Paul. persons could not commit furtum as against the other, In her eighteenth year, having broken her engagement but theft may be so committed in England since recent with Thamyris, to whom she had been betrothed, she legislation. As a fustian was merely a delict, the obligatio was accused by her relations of being a Christian, and ex delicto could be extinguished by agreement between sentenced to be burned. Armed with the sign of the the parties ; it will be seen that this cannot be done in cross, she threw herself upon the pyre, but, the flames England. In another direction English law is more con-having been extinguished by a sudden rain, she came to siderate of the rights of third parties than was Roman. Antioch, where she was exposed to the wild beasts, then As will appear hereafter, the thief can give a good title to fastened to bulls that she might be torn asunder, then stolen goods ; in Roman law he could not do so, except in thrown into a pit full of serpents, but from all these perils the single case of a hereditas acquired by usucapio. The she was delivered by the grace of Christ. Her ardent development of the law of furtum, at Rome is historically faith and her holy life were the means of converting interesting, for even in its latest period is found a relic of many. Returning once more to her native place, she one of the most primitive theories of law adopted by withdrew into a mountain solitude, and became distin- courts of justice : "They took as their guide the measure guished by many virtues and miracles, dying at the age of vengeance likely to be exacted by an aggrieved person of ninety. She was buried at Seleucia. under the circumstances of the case" (Maine, Ancient The substance of the foregoing narrative, with many other Law, ch. x.). This explains the reason of the division of curious incidents, occurs in the very ancient apocryphal book furtum into manifestum and nec manifestum. The manientitled the Irrin68oc of Paul and Thecla (Acts Pauli et Thec4e).
fest thief was one taken red-handed, - " taken with the Tertullian tells us that this work was written by a presbyter in Asia, "out of love to Paul," but that his conduct was not ap. manner," in the language of old English law. The Twelve proved, and led to his deposition. What caused special offence Tables denounced the punishment of death against the was its recognition of the right of women to preach and baptize. manifest thief, for that would be the penalty demanded There is no doubt that the present differs very considerably from by the indignant owner in whose place the judge stood.
the original form of the Acta, but even now its Gnostic origin is of Tischendorf, who in the Prolegomena gives a large body of ruple the value of the thing stolen. The same penalty evidence for its great antiquity. A translation is given in the was also given by the praetor in case of theft from a fire Ante-Nicene Christian Library.