the last step was taken under the influence of the Roman law, of
which Bracton made great use, I cannot say. It is enough that the
soil was ready for it, and that it took root at an early day. /1/
This is all that need be said here with regard to the liability
of a master for the misdeeds of his servants.

It is next to be shown what became of the principle as applied to
animals. Nowadays a man is bound at his peril to keep his cattle
from trespassing, and he is liable for damage done by his dog or
by any fierce animal, if he has notice of a tendency in the brute
to do the harm complained of. The question is whether any
connection can be established between these very sensible and
intelligible rules of modern law and the surrender directed by
King Alfred.

Let us turn to one of the old books of the Scotch law, where the
old principle still appears in full force and is stated with its
reasons as then understood, /2/

"Gif ane wylde or head-strang horse, carries ane man [21] against
his will over an craig, or heuch, or to the water, and the man
happin to drowne, the horse sall perteine to the king as escheit.

"Bot it is otherwise of ane tame and dantoned horse; gif any man
fulishlie rides, and be sharp spurres compelles his horse to take
the water, and the man drownes, the horse sould not be escheit,
for that comes be the mans fault or trespasse, and not of the
horse, and the man has receaved his punishment, in sa farre as he
is perished and dead; and the horse quha did na fault, sould not
be escheit.