Bracton: Thorne Edition: English. Volume 2, Page 43

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Volume 2, Page 43

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When bees are in hives.

[002] ¹The taking of possession also includes confinement, as in the case of bees, which
[003] are wild by nature. For if they settle in my tree they are no more mine, before I
[004] shut them into a hive, than are birds who make their nest there, and therefore if
[005] another hives them he will be their owner. A swarm that flies out of my hive is
[006] taken to be mine so long as it remains in my sight and its pursuit is not impossible,
[007] otherwise it becomes the property of the taker. But if another takes it he does not
[008] make the swarm his if he knows it belongs to another; indeed he commits a theft
[009] unless he has the intention of restoring them.² All these rules are true, but sometimes
[010] and in some places other rules hold good by custom.

Of tame beasts and birds.

[012] ³What has been said applies to animals which always remain wild. But if wild
[013] animals are tamed and customarily go and come back, or fly away and return,
[014] as deer, peafowl and pigeons, another rule is applicable, [namely], that they are
[015] taken to be ours so long as they have the intention of returning, for if they cease
[016] to have that intention they cease to be ours. They are taken no longer to have the
[017] intention of returning when they lose the habit of returning. The same is true of
[018] wild hens and wild geese that have become tame. With regard to domestic animals
[019] a third rule is applicable, that though they fly out of my view they remain my hens
[020] and geese, no matter where they are, and he who takes them with the intention of
[021] keeping them commits a theft. This sort of occupation is also applicable to those
[022] captured from the enemy, as where free men are made our slaves; [if] they escape
[023] from our potestas they recover their original status. Occupation of this kind also
[024] applies to things common to all, as the sea and the seashore,⁴ and to precious stones,
[025] gems and other such things found on the shore. So too it applies to islands arising in
[026] the sea and other such things and to those left derelict,⁵ unless there is a custom to
[027] the contrary because of the privilege of the fisc.⁶

[Dominion] is acquired by accession according to the jus gentium.

[029] ⁷By the jus gentium the dominion of things is acquired through accession, discernible
[030] or imperceptible, whether effected by growth or conjunction. The young born of
[031] animals

Notes

1. Br. and Azo, 99-102

1-2. Azo, Summa Inst. 2.1, no. 24

3. Br. and Azo, 101-5

3-5. Azo, Summa Inst 2.1, nos. 24-28

4. Cf. supra 40

6. Fisc or crown: supra 41, infra 58, 166, 293, 339

7. Br. and Azo, 104-9

7-10. Azo, Summa Inst. 2.1, nos. 29-33