Definition
The plural form of *abigeus*. In Roman civil law, *abigei* were cattle thieves — specifically, persons who stole livestock by driving them away. The term appears in the Digest of Justinian (Dig. 47.14) as part of a distinct category of theft recognized under Roman law, where stealing cattle by driving them off (*abigere*) was treated as a more serious offense than ordinary theft, owing to the difficulty of detection and the economic significance of livestock.
Why It Matters in Research
This term will appear almost exclusively in sources engaging directly with Roman civil law or in English treatises that borrow civilian terminology. Blackstone uses the concept in the context of aggravated larceny (4 Bl. Comm. 239), making it relevant to historical research on the gradation of theft offenses in English law. Researchers tracing the doctrinal lineage of livestock theft statutes, rustling laws, or the historical treatment of aggravated larceny should note that *abigei* is the entry point to a cluster of Roman-law concepts that influenced later common law commentary, even if the specific Latin term did not survive into modern statutory language. In corpus searches, this term will typically occur as a cross-reference rather than a standalone doctrinal discussion — follow it immediately to *abigeus* for substantive treatment.
Historical Dictionary Support
All three dictionary sources are in agreement that *abigei* is the plural of *abigeus* and that the term derives from the Digest (Dig. 47.14.1.1), with Black's and Burrill's both citing Calvinus's *Lexicon Juridicum* and Brissonius in addition to Blackstone. Bouvier offers no independent discussion, redirecting entirely to *abigeus*. Burrill's entry, while partially garbled in the available transcription, confirms the same core sources. None of the historical dictionaries elaborate on *abigei* as a distinct entry, treating it purely as a grammatical plural requiring a redirect. This uniformity reflects that the term carried no independent legal significance beyond its singular form — the doctrine attaches to *abigeus*.
Encyclopedia Cross-Reference
See Law Mind Encyclopedia: Theft (Historical); Larceny (Aggravated Forms)