APPENDIX TO PART THIRD DIVISION I. 113 



swarin which hath flown from your hive is stili reputed to continue 

 yours as long as it is in sight and may easily be pursued, but, in any 

 other case it will become the property of the occupant. 



Sec. 15. De Pavonibus, et Columbis, et Cceteris Animalibus Mansue- 

 factis. — Peacocks and pigeons are also naturally wild; nor is it any 

 objection that after every flight, it is their custom to return ; for bees 

 that are naturally wild do so too. Some have had deer so tame that 

 they would go to the woods and return at regular periods; yet no one 

 denies but that deer are wild by nature. But, with respect to animals, 

 which go and return customarily, tbe rule is, that they are considered 

 yours, as long as they retain an inclination to return; but, if this 

 ceases, they cease to be yours; and will again become the property of 

 those who take them. 



[Tlie Case of Swans. (7 Colce, 15 b.)] 



It was decided that a prescription to have all wild swans which are 

 ferce naturce, and not marked, building their nests, breeding, frequent- 

 ing within a particular creek, is not good. For "the prescription was 

 insufficient, for the effect of the prescription is to have all wild swans, 

 which are ferce naturce, within the said creek. And such prescription 

 for a warren would be insufficient, as, for example, to bave all part- 

 ridges nidificantes gignentes, and frequenting within his manor. But 

 he ought to say to have free warren of them within his manor; he can 

 not have them jure privilegii but so long as they are within the place. 

 But it was resolved that if the defendants had alleged that within the 

 said creek there had been time out of mind a game, of wild swans not 

 marked, building and breeding; and then had prescribed, that such 

 abbot and all his predecessors had used at all times to have and to take 

 to their use some of the said game of wild swans and their cignets 

 within the said creek, it had been good; for all those swaus are royal 

 fowls, yet in such manner a man may prescribe in them; for that may 

 have a lawful beginning by the King's grant. For in the 30th Edward 

 III the King granted to C. W. all wild swans unmarked between Ox- 

 ford and London for seven years. A like grant was made of wild swans 

 unmarked in the County of Cambridge to Bereford, K. T. G-., by which 

 it appears that the King may grant wild swans unmarked; and by 

 consequence a man may prescribe in them in a certain place because it 

 may have a lawful beginning. And a man may prescribe to have a 

 royal fish within his manor as it is held in 39th Edward III, 35, for tbe 

 reason aforesaid and yet without prescription they do belong to the 

 King by his prerogative." 



In the same case it was said that there are three manner of property 

 lights; property absolute, property qualified, property possessory. 

 Property qualified and possessory a man may have in those animals 

 which are /me naturce, and to such property a man may attain by two 

 ways: by industry, or by ratione impotcntice et loci. By industry as by 

 taking them or by making them mansueta or clomcstica. But m those 

 which axe ferce naturce and by industry are made tame a man hath but 

 a qualified property in them, namely, so long as they remain tame, for 

 if they do attain to their natural liberty and have not animus revertendi, 

 the property is lost. Ratione impotentice et loci ax if a man has young- 

 goshawks or the like which are ferce naturce ami they build in my land, 

 I have possessory property in them, for if one takes them when they can 

 notfly the owner of the soil shall have an action of trespass. But when a 

 man hath savage beasts ratione jjrivilcgii, as by reason of a park, warreu 

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