effractor
- a housebreaker, burglar (jurid. Lat.), Dig. 1, 15, 3; 47, 17, 1; Sid. Ep. 9, 7.
unius sigillorum cautus ~or ex brevi incluso se in brevi agnoscit capitali dandum supplicio
tempus discernit predonem a fure vel ~orem et furem diurnum a nocturno
legatus ‥ omnes ~ores cimiteriorum et violatores ecclesiarum ‥ excommunicavit
[episcopus ] gladium ecclesiastice precisionis in ~ores [ecclesie de G. ] exseruit
institimus ut in murorum ~ores et eos qui bona ecclesie diripuerunt excommunicationis ferret sententiam
incendiarii aut ecclesiarum ~ores
ecclesiarum ~ores ‥ excommunicatos ‥ nuncietis
carcerum publicum ~orem
~ores pacis
si eorum ‥ aliqui ‥ contrafecerint tanquam ~ores et violatores treugarum
EFFRACTOR(τοιχωρύχος: effractarius, Senec. Ep. 68.4), a burglar.
As the name τοιχωρύχος implies, the Greek burglar sought to effect an entrance through the wall of a house rather than through the doors or windows [DOMUSp. 660 a ]. In Attic law he reckoned among the κακοῦργοι whose crimes were capital (Dem. c. Lacrit. p. 940.47; Antiph. de Caed. Herod. § 9; Plat. Rep. 1.344 B, ix 575 B); the summary processes called ἀπαγωγὴ and ἐφήγησις were available against him; he is often coupled with the λωποδύτης (e. g. Aristoph. Plut. 165; Diphil. fr. 32, 14 M.), both offences being hedged in with special penalties because they were so easy to commit. The midnight terrors of a rich miser behind his flimsy walls are amusingly depicted by Lucian (Gall. p. 748, Reitz.). (Att. Process, ed. Lipsius, p. 86, n. 130, and p. 456; Thalheim, Rechtsalterth. p. 40; cf. KLOPES DIKÉ.)
The Romans did not shrink from capital punishments, at least under the Empire; and we may be surprised to find that the crime of effractio was not visited with death, as among the Greeks, and till quite lately in England. Their houses were better built than those of the Greeks, and thus they did not legislate under the influence of panic. The penalty was hard labour for life (opus perpetuum), and, for burglary by night, in the mines (poena metalli). The trial was before the Praefectus Vigilum (Sidon. Apoll. Ep. 9.7; Dig. 1, 15, 1; 47, 17, 16, 5; 47, 18; 48, 19; Rein, Criminalrecht, p. 319, and ap. Pauly, s. v.).
[W.W](τοιχωρύχος, effractarius). A burglar.
As the name τοιχωρύχος implies, the Greek burglar sought to effect an entrance through the wall of a house, rather than through the doors or windows. (See Domus, p. 538.) In Attic law he was reckoned among the κακοῦργοι whose crimes were capital (Demosth. c. Lacrit. p. 940. 47); the summary processes called ἀπαγωγή and ἐφήγησις were available against him; he is often coupled with the λωποδύτης (e. g. Plut. 165), both offences being hedged in with special penalties because they were so easy to commit. The midnight terrors of a rich miser behind his flimsy walls are amusingly depicted by Lucian ( Gall.p. 748, Reitz). See klopes dike.
The Romans did not shrink from capital punishments, at least under the Empire; and yet the crime of effractio was not visited with death, as among the Greeks. Their houses were better built than those of the Greeks, and thus they did not legislate under the influence of panic. The penalty was hard labour for life (opus perpetuum), and for burglary by night, in the mines (poena metalli). The trial was before the praefectus vigilum, or chief of police (Sidon. Apollin. Ep. ix. 7; Dig. 1, 15, 1).