"The like reason is of all other beastes, quhilk slayes anie man,
[it is added in a later work, "of the quhilk slaughter they haue
gilt,"] for all these beasts sould be escheit." /1/

"The Forme and Maner of Baron Courts" continues as follows:--

"It is to witt, that this question is asked in the law, Gif ane
lord hes ane milne, and any man fall in the damne, and be borne
down with the water quhill he comes to the quheill, and there be
slaine to death with the quheill; quhither aught the milne to be
eseheir or not? The law sayes thereto nay, and be this reason,
For it is ane dead thing, and ane dead thing may do na fellony,
nor be made escheit throw their gilt. Swa the milne in this case
is not culpable, and in the law it is lawfull to the lord of the
land to haue ane mylne on his awin water quhere best likes him."
/2/

The reader will see in this passage, as has been remarked already
of the Roman law, that a distinction is taken between things
which are capable of guilt and those which [22] are not,--between
living and dead things; but he will also see that no difficulty
was felt in treating animals as guilty.

Take next an early passage of the English law, a report of what
was laid down by one of the English judges. In 1333 it was stated
for law, that, "if my dog kills your sheep, and I, freshly after
the fact, tender you the dog, you are without recovery against
me." /1/ More than three centuries later, in 1676, it was said
by Twisden, J. that, "if one hath kept a tame fox, which gets