Hence to this extent the new
law might have followed the old. The right of property in the
[24] offending animal, which was the ancient ground of
responsibility, might have been adopted safely enough as the test
of a liability based on the fault of the owner. But the
responsibility for damage of a kind not to be expected from such
animals is determined on grounds of policy comparatively little
disturbed by tradition. The development of personal liability for
fierce wild animals at Rome has been explained. Our law seems to
have followed the Roman.
We will now follow the history of that branch of the primitive
notion which was least likely to survive,--the liability of
inanimate things.
It will be remembered that King Alfred ordained the surrender of
a tree, but that the later Scotch law refused it because a dead
thing could not have guilt. It will be remembered, also, that the
animals which the Scotch law forfeited were escheat to the king.
The same thing has remained true in England until well into this
century, with regard even to inanimate objects. As long ago as
Bracton, /1/ in case a man was slain, the coroner was to value
the object causing the death, and that was to be forfeited sa
deodand "pro rege." It was to be given to God, that is to say to
the Church, for the king, to be expended for the good of his
soul.
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