Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/407

 Ch. 25. ceae, and "ceante ratione ceat et ipa lex:" for the male is well known, by his contant aociation with the female; and for the ame reaon the owner of the one doth not uffer more diadvantage, during the time of pregnancy and nurture, than the owner of the other.

II. animals, that are not of a tame and dometic nature, are either not the objects of property at all, or ele fall under our other diviion, namely, that of qualified, limited, or pecial property: which is uch as is not in it's nature permanent, but may ometimes ubit, and at other times not ubit. In dicuing which ubject, I hall in the firt place hew, how this pecies of property may ubit in uch animals as are ferae naturae, or of a wild nature; and then, how it may ubit in any other things, when under particular circumtances.

then, a man may be inveted with a qualified, but not an abolute, property in all creatures that are ferae naturae, either per indutriam, propter impotentiam, or propter privilegium.

1. property may ubit in animals ferae naturae, per indutriam hominis: by a man's reclaiming and making them tame by art, indutry, and education; or by o confining them within his own immediate power, that they cannot ecape and ue their natural liberty. And under this head ome writers have ranked all the former pecies of animals we have mentioned, apprehending none to be originally and naturally tame, but only made o by art and cutom: as, hores, wine, and other cattle; which, if originally left to themelves, would have choen to rove up and down, eeking their food at large, and are only made dometic by ue and familiarity, and are therefore, ay they, called manueta, quai manui aueta. But however well this notion may be founded, abtractedly conidered, our law apprehends the mod obvious ditinction to be, between uch animals as we generally ee tame, and are therefore eldom, if ever, found wandering at large, which it calls domitae naturae; and uch crea- Rh