Among other appeals we must not fail to mention the action of theft, out of which  an appeal arises, though it sometimes is decided [in another way] in various courts,  as in the county court and courts baron, sometimes in the greater court of the king,
What theft is.
 [Therefore let us first see what theft is and how many kinds there are. Theft,  according to the laws, is the fraudulent mishandling of another's property without  the owner's consent,1 with the intention of stealing, for without the animus  furandi it is not committed.2 I say fraudulent [because] there is also another  kind of mishandling without the owner's consent, rapine, which is the same with us  as robbery.3 That is why a robber is a thief a fortiori, for who appropriates another's  property more against the owner's will than he who seizes by force?]4
How many kinds of theft are there?
 [The kinds of theft are two, [a like punishment follows each offence,]5 for one is  open and the other secret, that is to say, manifest and not manifest.6 It is not  manifest where one is suspected of theft through ill-repute in the countryside,  through indictment and accusation,7 where serious presumptions lie against him  but he is not found seised of any stolen property.8 But of this kind of theft we say  nothing more at present because what is to be done as to that may be drawn from  what has been said above.9 Manifest theft is where a thief is apprehended seised of  the stolen property,10 that is, hand-having and back-bearing,11 and is sued by him  whose property it is [or one] called the sacrabar.12 If, without any suit against him  he confesses that he is the thief thereof before the sheriff or the coroners or the king's  serjeant, with reputable men as witnesses, he may not subsequently deny the theft,  [according to some the same will be true even if he is not found seised,] because  such persons have record in this matter.1314[If he is not found seised of any  stolen property], no one has the power of inquiring or of proceeding to inquests  against him except the lord king in his court.1516And if he confesses the theft  before the bailiffs or coroners he is not bound by such confession, [that is], if he is not  found seised, though they would have record if he were seised.]17
One may at the outset sue civilly or criminally.
 18since he who sues may from the outset sue civilly or criminally, whichever he  pleases. For he may claim his property as lost,19 supporting his claim by the testimony  of reputable men, and thus sue to recover his property though it is stolen.  If he
1. Azo, Summa Cod. 6.2, no. 1: Est autem furtum fraudulosa contrectatio rei alienae quae fit invito domino; cf. Kantorowicz, 47
2. Inst. 4.1.7: quia furtum sine affectu furandi non committitur; supra 290, 384
3. Reading: cum animo furandi, quia sine ... committitur. Fraudulenta dico, quia est etiam aliud genus ... domini, rapina, quae idem est ... roberia, et unde ...