I f there be a
rider, as well
as a leader
or driver,
refponlibi-
lity attaches
to the former,
not to the
latter.
Cafe o f two
ridersdriving
againft and
killing each
other.
motion. It is.otherwife with the leader or driver of an animal; for
thofe are only the-producers of the ■ intermediate caufe, and not the
actual perpetrators of the homicide, .as their afts did not immediately
affeft the-fubjeft; (and the fame reafoning holds with .refpeft to the
a ft of the.rider in all; cafes except that' o£ treading dawn;)— and" expiation
is enjoined, in cafes of homicide, only, where the offender,is the
«nua{perpttreftor\tl>f the homicide, not where it is [effected by.au in-
tennediate caufe. In the tame manner, the rider.of an animal is excluded
from his fucceffion'to the dpceaied by bequeft or inheritance
in a cafe of treading down, but: not the leader or driver, ex.er.nion
from bequeft or inheritance being reftrifted to the adlttal perpetrator.
If one man ride upon an animal whilft another drives -on:leads
it along, and it tread down a man, feme fay that no part of the re-
fponfibility falls upon the driver or leader; becaufe the rider (as has
been already explained)"is‘accounted the a&ual perpetrator of the homicide,
and the driver or leader the producer of the intermediate
caufe ; and the accident muft be referred to the actual perpetrator,
rather than to the producer of the caufe.— This is approved.
I f two men be riding on two different animals,, and rulh with violence
againft each other, -lb that they both die, the fine for each is
due from the Akilas of the other. Shafei and Ziffer maintain that in
this cafe the Akilas of each party owe an half, fine only, on account of
the other*, each having died as much in confequence o f his own aft
as of that of the other, whence one half of the homicide, on each part,
is of no account.— T h e argument of our. doctors is,., that, the death
of each party muft be referred folely to the aft of the other, and
not in any degree to his own aft, for his. aft (namely,, pafting along
* . The-fines here (as in all other cafes) go to the:heirs.of each; party respectively.
*6 W 1 1 I I U the
the highway) is purely of a neutral nature, and an aft of fuch a nature
does.not admit of the death being referred to it fo as to occafion re-
fponfibility. It may indeed be objefted, that upon this ground the
whole of the blood is of no account, and of courfe that nothing
whatever is due from the Akilas on either fide;— for as the aft of both
(namely, palling along the highway) is of a neutral nature, it cannot
be made the occafion o f refponfibility. In reply, however, to this it
is to be obferved, that although the aft of each party, refpeftively,
be.of a neutral nature, Hill it i^ reftrifted to the condition o f fafety;
and a neutral aft, reftrifted to the condition of fafety, notwithftaud-
ino" that it be not an occafion of refponfibility with refpeft to the party
himfelf, is neverthelefs fo with refpeft to the other party. It is to be
obferved, however, that., a complete fine for each rider is due only
where they have happened to rulh againft each other (as above) by
mifadventure; • for where they have done fo wilfully, an h a lf fine only
is due on account of each.. A ll that is here advanced proceeds on the.
fuppofition of the parties hdmg freemen ■, for if they be both Jlaves, the
blood of each is of no account* :-r it is not of any account in a cafe of mif-
adventure-, becaufe the offence of a flave affefts only his own perfon, in
this way, that his matter makes his perfon over to the avenger of of-,
fence, or pays him an atonement in lieu thereof; but in the prefent
inftance the perfons of both Haves are deltroyed, in fuch a manner
that the mailers have no concern with i t ; nor have they left any
tiling- in lieu thereof; and hen :e the blood of each muft needs be of no
a c c o u n ta n d lb likewife in a w ilful cafe ; becaufe each of them has-
perilhed at the time of his offence, without leaving any thing in lieu
of his perfon, and in fuch a manner that the mailers have no concern
in it,— whence the blood of each muft needs be of no account in this
inftance alio. If one of the parties be a flave, and the other a free-
* Literally, u — goes fo r n o th in g — T h e tranflator adopts the phrafe here ufed in preference,
as being fome what more elegant, and exprefling the fenfe o f the author with equal
CGrre&ne(&.LHt\\ ; ,. J :.... / J yr -,v
V o l . I V . C c c man,