Abactōres, Abigeatōres
or
Abigei are terms used to signify those guilty of cattle-stealing
(
abigeatus), which the Roman practice distinguished from ordinary
furtum (q. v.), when the theft was of a sufficiently
serious kind. The stealing of a single horse or ox was
abigeatus, but to
steal less than ten sheep or four pigs was only
furtum. It was an
aggravation of the offence to steal the animals from a pen or other enclosure, or for the
abactor to carry weapons. The punishment was at the discretion of the
magistrate, and ranged from banishment and degradation from rank to penal servitude and death.
Cf.
Dig. 47, 14,
De Abigeis; Cod. ix. 37; and
Rein,
Das Criminalrecht der Röm. pp. 323-325
(Leips.
1844).