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The distinctions of the common law as to theft are not those of a broad theory of legislation; they are highly technical, and very largely dependent upon history for explanation. /1/ The type of theft is taking to one's own user It used to be, and sometimes still is, thought that the taking must be lucri catesa, for the sake of some advantage to the thief.
Ex eis quâdam quæ cupiditate lucri adolescentem admiserat, deprehensâ, aliæ meretrices ita illius nates nudas corrigiis percusserunt, ut sanguinem emitteret. Ferrara exhibited a like devotion in 1496, on even a larger scale. About this time the entire Italian nation was panic-stricken by the passage of Charles VIII., and by the changes in states and kingdoms which Savonarola had predicted.
Treasure trove to be claimed must be hidden lucri aut metus causâ. This aureus was evidently lost or cast away in flight. The finder retains it. 'Cast away in flight' sounded ludicrously enough in the other's ears, but he was incapable of speech. Indeed, 'Plain Tom' with difficulty controlled the fires that were scorching him within.
Could an heroic project, at once so refined and so arduous, be consistently entrusted to, could its success be rationally expected from, a mercenary manager, at whose critical quarantine the lucri bonus odor would conciliate a bill of health to the plague in person? No! As the work proposed, such must be the work-masters.
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