Harry Thurston Peck, Harpers Dictionary of Classical Antiquities (1898)

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Furtum

Theft; the robbery of movable things, though furtum could be committed without actually carrying off the object, as in the case of a thing deposited (depositum), the unlawful use of which was furtum. Furtum was either manifestum or not, the former when the thief was caught in the act. It was called furtum conceptum when a stolen object was found in a person's possession; and if a person gave to a third person stolen goods, the third person could bring an actio furti oblati against the giver. The punishment for furtum manifestum was capitalis—i. e. affecting one's caput (q. v.). A thief killed while committing robbery at night was held by the Twelve Tables to be lawfully killed; but in the daytime he could be killed only when he resisted with a deadly weapon (telum). See Klopes Diké.