[396]. Inst. Just. 4. 8. and 4. 9.
[397]. Chisholm v. Doulton, 22 Q. B. D. 736. Parker v. Alder, (1899) 1 Q. B. 20.
[398]. Deut. xxiv. 16.
[399]. Laws, 856. On the vicarious responsibility of the kindred in early law, see Lea, Superstition and Force, pp. 13–20, 4th ed., and Tarde, La Philosophie Pénale, pp. 136–140.
[400]. Salmond, Essays in Jurisprudence and Legal History, pp. 161–163; Wigmore, Responsibility for Tortious Acts, Select Essays in Anglo-American Legal History, III. pp. 520–537; Street, Foundations of Legal Liability, II. ch. 41–43.
[401]. Substantive law, as opposed to the law of procedure; civil law, as opposed to criminal.
[402]. Blackstone III. 143. “The child hath no property in his father or guardian as they have in him.” Ibid.
[403]. Leviathan, ch. xxx.; Eng. Wks. III. 329.
[404]. Treatise on Civil Government, II. ch. v. sect. 27.
[405]. Ibid. ch. vii. sect. 87.