1Ulpianus, On the Duties of Proconsul, Book VIII. The Divine Hadrian, at the Council of Bætica, stated in a Rescript relating to cattle-thieves, “When those who drive away cattle are punished most severely, they are ordinarily condemned to the sword.” They are not, however, punished with the greatest severity everywhere, but only in those places where this species of offence is most frequently committed; otherwise, they are sentenced to hard labor in the public works, and sometimes only temporarily. 1Those are properly considered cattle-thieves who remove cattle from pastures, or from droves, and prey upon them, as it were; and they exercise this occupation of stealing cattle as a regular trade when they take horses or cattle from the droves of which they form a part. If, however, anyone should drive away an ox that is lost, or horses which have been left alone, he does not belong to this category, but is merely an ordinary thief. 2He, however, who drives away a sow, a she-goat, or a sheep should not be punished as severely as one who steals larger animals. 3Although Hadrian established the penalty of the mines, or that of labor on the public works, or that of the sword for this offence; still, those who do not belong to the lowest rank of society should not be subjected to this penalty, for they either should be relegated or expelled from their order. Those, however, who drive away cattle, while armed, are not unjustly thrown to wild beasts. 4Anyone who drives away cattle whose ownership is in dispute should be subjected to a civil investigation, as Saturninus says; but this rule ought only to be adopted where no pretext for stealing the cattle is sought, but the accused person, induced by good reasons, actually believed that the cattle belonged to him.

2Macer, Public Prosecutions, Book I. The crime of driving away cattle is not subject to public prosecution, because it is rather to be classed as a theft; but since most offenders of this description go armed, if they are arrested, they are usually more severely punished on this account.

3Callistratus, On Legal Investigations, Book VI. Sheep, in proportion to the number driven away, either render a man a common thief, or an appropriator of cattle. Certain authorities have held that ten sheep constitute a flock, just as four or five hogs, when they are driven away from a drove; but a cattle-thief commits this crime if he steals but one horse or ox. 1He also should be more severely punished who drives away a tame flock from a stable, and not from a forest, or one forming part of a larger flock. 2Those who have often perpetrated this offence, although they may have taken only one or two animals at a time, are nevertheless, classed as cattle thieves. 3Those who harbor offenders of this kind should, according to an Epistle of the Divine Trajan, be punished by being banished from Italy for ten years.