3.1.219 to 3.1.222

(190) The penalty for non-manifest theft was double damages by the Law of the Twelve Tables, and this the Prætor has preserved. (191) The penalty for the concealment or delivery of stolen goods imposed by the Law of the Twelve Tables was triple damages, and this, in like manner, has been preserved by the Prætor. (192) The action for preventing search, introduced by the Edict of the Prætor, requires the payment of fourfold damages. The ancient law, however, did not impose any penalty for this offence; but only prescribed that whoever desired to make search should do so naked, wearing a girdle, and carrying a dish; and if he found anything, it ordered that this should be considered manifest theft. (193) The nature of the girdle was a matter of controversy, but the better opinion is that it was some kind of cloth by which the private parts were concealed. This entire rule is ridiculous, for anyone who would prevent a person from searching when clothed, would also do so if he were naked; and especially because, if anything were found under such circumstances he would be subjected to a more severe penalty. Then, whether he was ordered to have a dish in his hands for the reason that they being occupied, he might bring nothing secretly into the house; or whether if he found anything, he might place it in the dish; neither of these provisions would have any effect if the property sought for was of such a size or description that it could neither be brought into the house or be placed in the dish. There is no doubt whatever that the requirements of the law were satisfied, no matter what material the dish consisted of.