APPENDIX TO PART THIRD DIVISION I. 109 



tamed artificially, are likened to domesticated animals so long as they 

 retain the liabit of returning to the spot where their possessor keeps 

 them (donee animum, i. e., oonsuetudinem, revertendi habent). 



[From Pnffendorf, Law of Nature and Nations, lib. in, cap. 1, sec. 3.] 



Although a loss seems to refer properly to property, yet by us it will 

 be generally accepted as embracing all injury that relates to the body, 

 fame and modesty of man. JSo it signifies every injury, corruption, 

 diminution or removal of that which is ours, or interception of that, 

 which in perfect justice we ought to have; whether given by nature or 

 conceded by an antecedent human act or law; or, finally, the omission 

 or denial of a claim which another may have upon us by actual obliga- 

 tion. To this tends the 13th Declamation of Quintilian, where lie 

 plainly shows that one had inflicted a loss who poisoned the flowers of 

 his own garden whereby his neighbor's bees perished. Yet the con- 

 vincing reason consists in this: Since all agree that bees are a wander- 

 ing kind of animate life, and because they can in no way be accus- 

 tomed to take their food from a given place; therefore, whenever there 

 is a right of taking them, there also, it is understood, is laid a gen- 

 eral injunction to be observed by all neighbors, to permit bees to wander 

 everywhere without hindrance from anyone. 



[From Bracton, lib. n, cap. 1.] 



The dominion over things by natural right or by the right of nations 

 is acquired in various ways. In the first place, through the first taking 

 of those things which belong to no person, and which now belong to the 

 King by civil right, and are not common as of olden time, such, for in- 

 stance, as wild beasts, birds, and fish, and all animals which are born on 

 the earth, or in the sea, or in the sky, or in the air; wherever they may 

 be captured and wherever they shall have been captured, they begin to 

 be mine because they are coerced under my keeping, and by the same 

 reason, if they escape from my keeping, and recover their natural 

 liberty they cease to be mine, and again belong to the first taker. But 

 they recover their natural liberty, then, when they have either escaped 

 from my sight in the free air, and are no longer in my keeping, or when 

 they are within my sight under such circumstances, that it is impossi- 

 ble for me to overtake them. 



Occupation also comprises fishing, hunting, and capturing; pursuit 

 alone does not make a thing mine, for although I have wounded a wild 

 beast so that it may be captured, nevertheless it is not mine unless I 

 capture it. On the contrary it will belong to him who first takes it, 

 for many things usually happen to prevent the capturing it. Likewise, 

 if a wild boar falls into a net which I have spread for hunting, and I 

 have carried it off, having with much exertion extracted it from the 

 net, it will be mine, if it shall have come into my power, unless custom 

 or privilege rules to the contrary. Occupation also includes shutting 

 up, as in the case of bees, which are wild by nature, for if they should 

 have settled on my tree they would not be any the more mine, until I 

 have shut them up in a hive, than birds which have made a nest in my 

 tree, and therefore if another person shall shut them up, he will have 

 the dominion over thein. A swarm, also, which has flown away out of 

 my hive, is so long understood to be mine as long as it is in my sight, 

 and the overtaking of it is not impossible, otherwise they belong to the 

 first taker; but if a person shall capture them, he docs not make them 

 his own if he shall know that they are another's, but he commits a theft 



