See also:

• DEODAND (Lat. Deo dandum, that which is to be given to God)

DEODAND (See also:

• LAT

Lat. Deo dandum, that which is to be given to See also:

• GOD

God)  , in See also:

• ENGLISH

English See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law, was a See also:

• PERSONAL

personal See also:

• CHATTEL (for derivation see CATTLE)

chattel (any See also:

• ANIMAL
• ANIMAL (Lat. animalis, from anima, breath, soul)

animal or thing) which, on See also:

• ACCOUNT
• ACCOUNT (through O. Fr. acont, Late Lat. comptum, cornputare, to calculate)

account of its having caused the See also:

• DEATH

death of a human being, was forfeited to the See also:

• KING
• KING (O. Eng. cyning, abbreviated into cyng, cing; cf. O. H. G. chun- kuning, chun- kunig, M.H.G. kiinic, kiinec, kiinc, Mod. Ger. Konig, O. Norse konungr, kongr, Swed. konung, kung)
• KING [OF OCKHAM], PETER KING, 1ST BARON (1669-1734)
• KING, CHARLES WILLIAM (1818-1888)
• KING, CLARENCE (1842–1901)
• KING, EDWARD (1612–1637)
• KING, EDWARD (1829–1910)
• KING, HENRY (1591-1669)
• KING, RUFUS (1755–1827)
• KING, THOMAS (1730–1805)
• KING, WILLIAM (1650-1729)
• KING, WILLIAM (1663–1712)

king for pious uses . See also:

• BLACKSTONE, SIR WILLIAM (1723-1780)

Blackstone, while tracing in the See also:

• CUSTOM (from O. Fr. costume, costume or coustume; Low Lat. costuma, a shortened form of consuetudo)

custom an expiatory See also:

• DESIGN (Fr. desiin, drawing; Lat. designare, to mark out)

design, alludes to analogous Jewish and See also:

• GREEK
• GREEK, ETRUSCAN AND

Greek See also:

• LAWS

laws,' which required that what occasions a See also:

• MAN
• MAN, ISLE OF (anc. Mona)

man's death should be destroyed . In such usages the notion of the See also:

• PUNISHMENT (from Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)

punishment of an animal or thing, or of its being morally affected from having caused the death of a man, seems to be implied . The See also:

• FORFEITURE (from " forfeit," originally an offence, and hence a fine exacted as a penalty for such; derived through the O. Fr. forfeit, from the late Lat. foris factum, a trespass, that which is done foris, outside)

forfeiture of the offending See also:

• INSTRUMENT (Lat. instrumentum, from insincere, to build up, furnish, arrange, prepare)

instrument in no way depends on the See also:

• GUILT

guilt of the owner . This imputation of guilt to inanimate See also:

• OBJECTS

objects or to the See also:

• LOWER

lower animals is not inconsistent with what we know of the ideas of uncivilized races . In English law, deodands came to be regarded as See also:

• MERE
• MERE, ADALBERT (1838-1909)

mere forfeitures to the king, and' the rules on which they depended were not easily explained by any See also:

• KEY
• KEY (in O. Eng. tang; the ultimate origin of the word is unknown; it appears only in Old Frisian kei of other Teutonic languages; until the end of the 17th century the pronunciation was kay, as in other words in O. Eng. ending in aeg; cf. daeg, day; clang
• KEY (the phraseograms being indicated by hyphens)
• KEY, SIR ASTLEY COOPER (1821-1888)
• KEY, THOMAS HEWITT (1799-1875)

key in the See also:

• POSSESSION
• POSSESSION (Lat. possessio, possidere, to possess)

possession of the old commentators . The law distinguished, for instance, between a thing in See also:

• MOTION (Lat. motio, from movere, to move)
• MOTION, LAWS OF

motion and a thing See also:

• STANDING

standing still . If a See also:

• HORSE (a word common to Teutonic languages in such forms as hors, hros, ros; cf. the Ger. ross)

horse or other animal in motion killed a See also:

• PERSON, OFFENCES AGAINST THE

person, whether See also:

• INFANT (in early forms enfaunt, enfant, through the Fr. enfant, from Lat. infans, in, not, and fans, the present participle of fari, to speak)

infant or adult, or if a See also:

• CART (A.S. crcet, Gaelic cairt; connected with " car ")

cart ran over him, it was forfeited as a See also:

• DEODAND (Lat. Deo dandum, that which is to be given to God)

deodand . On the other See also:

• HAND
• HAND (a word common to Teutonic languages; cf. Ger. Hand, Goth. handus)
• HAND, FERDINAND GOTTHELF (1786-185r)

hand, if death were caused by falling from a cart or a horse at See also:

• REST (O. Eng. rest, reste, bed, cognate with other Teutonic forms, e.g. Ger. Rast, Riiste, rest, and probably Gothic Rasta, league, i.e. resting or stopping place)

rest, the law made the chattel a deodand if the person killed were an adult, but not if he were below the years of discretion . Blackstone accounts for the greater severity against things in motion by saying that in such cases the owner is more usually at See also:

• FAULT (Mid. Eng. faute, through the French, from the popular Latin use of fallere, to fail; the originallof the Latin being replaced in English in the 15th century)

fault, an explanation which is doubtful in point of fact, and would certainly not account for other instances of the same tendency . Thus, where a man's death is caused by a thing not in motion, that See also:

• PART

part only which is the immediate cause is forfeited, as " if a man be climbing up the See also:

• WHEEL (0. Eng. hweol, hweohl, &c., cognate with Icel. hjol, Dan. hiul, the Indo-European root is seen in Sanskrit chakra, Gr. r in Aos, circle, whence " cycle ")
• WHEEL, BREAKING ON THE

wheel of a cart, and is killed by falling from it, the wheel alone is a deodand"; whereas, if the cart were in motion, not only the wheel but all that moves along with it (as the cart and the loading) are forfeited . A similar distinction is to be found in See also:

• BRITTON
• BRITTON, JOHN (1771–1857)

Britton .

Where a man is killed by a See also:

• VESSEL (O. Fr. vaissel, from a rare Lat. vascellum, dim. of vas, vase, urn)

vessel at rest the See also:

• CARGO (Span. for " loading," from Lat. carries, car)

cargo is not deodand; where the vessel is under See also:

• SAIL

sail, See also:

• HULL
• HULL (in O.Eng. hulu, from helan, to cover, cf. Ger. Hiille, covering)
• HULL (officially KINGSTON-UPON-HULL)
• HULL, ISAAC (1775-1843)

hull and cargo are both deodand . For the distinction between the death of a See also:

• CHILD
• CHILD, FRANCIS JAMES (1825-1896)
• CHILD, L
• CHILD, LYDIA MARIA (1802-1880)
• CHILD, SIR FRANCIS (1642-1713)
• CHILD, SIR JOHN (d. 1690)
• CHILD, SIR JOSIAH (163o - 1699)

child and the death of an adult Blackstone accounts by suggesting that the child " was presumed incapable of actual See also:

• SIN
• SIN (O. Eng. syn: a common Teutonic word, cf. Dutch zonde, Ger. Siinde)

sin, and therefore needed no deodand to See also:

• PURCHASE

purchase propitiatory masses; but every adult who died in actual sin stood in need of such See also:

• ATONEMENT

atonement, according to the humane superstition of the founders of the English law." See also:

• SIR

Sir See also:

• MATTHEW, GOSPEL OF ST
• MATTHEW, ST (MaOOaior or MarOaIos, probably a shortened form of the Hebrew equivalent to Theodorus)
• MATTHEW, TOBIAS

Matthew See also:

• HALE, EDWARD EVERETT (1822-1909)
• HALE, HORATIO (1817–1896)
• HALE, JOHN PARKER (1806–1873)
• HALE, NATHAN (1756-1776)
• HALE, SIR MATTHEW (1609-1676)
• HALE, WILLIAM GARDNER (1849- )

Hale's explanation was that the child could not take care of himself, whereon Blackstone asks why the owner should See also:

• SAVE, or SAVA (Ger. Sau; Hungarian Szdva; Lat. Savus)

save his forfeiture on account of the imbecility of the child, which ought to have been an additional See also:

• REASON (Lat. ratio, through French raison)

reason for caution . The finding of a See also:

• JURY

jury was necessary to constitute a deodand, and the investigation of the value of the instrument by which death was caused occupied an important See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place among the provisions of See also:

• EARLY
• EARLY, JUBAL ANDERSON (1816-1894)

early English criminal law . It became a necessary part of an See also:

• INDICTMENT (from Anglo-Fr. enditernent, enditer, to charge; Lat. in, against, dictare, declare)

indictment to See also:

• STATE
• STATE, GREAT OFFICERS OF

state the nature and value of the weapon employed —as, that the stroke was given by a certain penknife, of the value of sixpence—so that the king might have his deodand . Accidents on the high seas did not cause forfeiture, being beyond the domain of the See also:

• COMMON

common law; but it would appear that in the See also:

• CASE
• CASE, JOHN (d. 1600)

case of See also:

• SHIPS

ships in fresh See also:

• WATER

water the law held See also:

• GOOD, JOHN MASON (1764-1827)

good . The king might See also:

• GRANT (from A.-Fr. graunter, O. Fr. greanter for creanter, popular Lat. creantare, for credentare, to entrust, Lat. credere, to believe, trust)
• GRANT, ANNE (1755-1838)
• GRANT, CHARLES (1746-1823)
• GRANT, GEORGE MONRO (1835–1902)
• GRANT, JAMES (1822–1887)
• GRANT, JAMES AUGUSTUS (1827–1892)
• GRANT, ROBERT (1814-1892)
• GRANT, SIR ALEXANDER
• GRANT, SIR FRANCIS (1803-1878)
• GRANT, SIR JAMES HOPE (1808–1895)
• GRANT, SIR PATRICK (1804-1895)
• GRANT, U
• GRANT, ULYSSES SIMPSON (1822-1885)

grant his right to deodands to another . In later times these forfeitures became extremely unpopular; and juries, with the connivance of See also:

• JUDGES, THE BOOK OF

judges, found deodands of trifling value, so as to defeat the inequitable claim . At last, by an See also:

• ACT (Lat. actus, actum)

act of 1846 they were abolished, the date noticeably coinciding with the introduction of See also:

• RAILWAYS

railways and See also:

• MODERN

modern See also:

• STEAM
• STEAM (0. Eng. steam, vapour, smoke, cf. Du. steam; the origin is unknown)

steam-engines .