The decisions were hard to reconcile. Thus, in Edward the Third's time,
it was held that if a man fall to his death from his horse against the
trunk of a tree, the horse is forfeit, but not the tree. But in the
same reign a distinction was drawn. One William Daventry, a servant to
John Blaburgh, engaged in watering a horse, was grievously hurt. He was
carried to his master's house "_apud Fleet Street in suburbio London_",
and there at even he died. At first the horse was adjudged a deodand,
but Blaburgh got the inquisition quashed on the ground that the horse
had not thrown his rider. Again, if a lad under fourteen fell from a
cart and was killed, there was no deodand: as some opined, because the
masses might be dispensed with, in the case of one presumed sinless
from his tender age, and the proper end of deodands was to procure
masses; but others urged it was "because he was not of discretion to
look to himself." The further question--what possible difference this
could make--was not raised; for even a mediæval lawyer's speculation
must stop somewhere. But how if the slayer were a lad? A Cornish case,
_temp._ 1302, supplies an answer. Jack of Burton, a boy of twelve, had
a mind to draw the bow. He rigged up a target in a house, and shot
thereat from the outside. One arrow missed the mark, and, glancing off
a hook, transfixed a woman called Rose. Rose died forthwith, and Jack
fled in horror. It was held that _le Hoke_ was a deodand, but that the
boy, on account of his age, was no whit to blame, and (with a touch of
kindliness) a proclamation was made far and wide that he might return
in safety. In this connection one recalls the awkward misadventure of
Abbot, Archbishop of Canterbury, in the reign of James I., who, being
out a-hunting, killed, by pure accident, Peter Hawkins, his keeper.
He had many enemies, and all sorts of ecclesiastical and temporal
penalties were threatened: at least, it was said, let all his goods be
confiscate. But the King turned a deaf ear to these suggestions: he
comforted the unlucky prelate with kindly words, and a full pardon,
dated 26th September 1621, removed all possible danger from his
reverend person.
If a man met his death afloat, there was deodand or no deodand as the
water was fresh or salt, for these rules had no force on the high
seas or in tidal rivers: because, said some, "there were so many
deaths at sea." "Nay," said others, "how forfeit the ocean?" "But at
least," it was replied, "one could take the ship"----but here again
speculation must stop. Although deodands first went to the Crown, and
were properly applied to pious or charitable uses, yet they were often
granted to lords of manors: so often, indeed, that one of the few
references to them in English literature--a couplet in Samuel Butler's
_Hudibras_--treats this as the general rule.
"For love should, like a deodand,
Still fall to the owner of the land."
Public-domain text, read in full here on John Shaqi.
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