Responsorum libri
Ex libro VII
Dig. 47,2,73Modestinus libro septimo responsorum. Sempronia libellos composuit quasi datura centurioni, ut ad officium transmitterentur, sed non dedit: Lucius pro tribunali eos recitavit quasi officio traditos: non sunt inventi in officio neque centurioni traditi: quaero, quo crimini subiciatur, qui ausus est libellos de domo subtractos pro tribunali legere, qui non sint dati? Modestinus respondit, si clam subtraxit, furtum commissum.
Modestinus, Opinions, Book VII. Sempronia drew up a petition intending to give it to a centurion, in order that it might be filed in court; but she did not give it to him. Lucius read it in court as having been given to him officially. As it was not properly filed, or delivered to the centurion, of what offence is he guilty who presumed to read in court a petition stolen from the house of the person who drew it up, and who did not deliver it for that purpose? Modestinus answered that if he who took it did so secretly, he committed a theft.