This owner was not seldom exacting, and his claim was met in
characteristic English fashion. The coroner's jury returned the
value of the deodand at next to nothing, _e.g._, "a horse, value
three shillings," and the Court of "King's Bench" refused to disturb
the finding. Hence one absurdity balanced another, and the doctrine
was long defended. In 1820, Joseph Chitty, in his standard work on
_Prerogatives_, maintains that "the forfeiture is rational so far as it
strengthens the natural sensation of the mind at the sudden destruction
of human life." But in later years these mediæval ghosts began to
walk again to some purpose. In 1840 the London and Birmingham Railway
Company was amerced in £2000 as a deodand! Railway directors were no
doubt convinced that 9 and 10 Vic., c. 62, which in 1846 made an end
of the whole business, came not a day too soon. Had the law of twenty
years before that been restored, there might have been some warrant
for stripping those same directors of all their property after each
railway accident, and one shudders to think of the consequences had the
coroner's jury found the plant used not _per infortunium_.
One thing must be added, many held that the instruments of a murder,
though forfeited to the Crown, were not, properly speaking, deodands,
and they quoted as illustration the curious case of one Rempston,
who forced his boat's crew to row under London Bridge _invitis corum
dentibus_ in dangerous weather. He was thrown out and drowned, and the
jury, it was said, brought in a verdict of _felo de se_, to save the
boat from forfeiture. But the weight of authority was emphatically
against this view.
THE LAW OF THE FOREST
"A stretch of land, thick planted with trees;" so you picture a
forest to yourself, but old English law held otherwise. There were
miles of woodland that were not forest at all, and acres of pasture
that were. John Manwood, the Elizabethan lawyer, still our chief
authority on the subject, defines it as "a certain territory of woody
grounds and fruitful pastures, privileged for wild beasts and fowls
of forest, chase, and warren, to rest and abide in under the safe
protection of the king." Such a preserve was exactly delimited, and
might contain villages, churches, and so forth, within its bounds,
as the New Forest does to-day. The king had certain rights over all,
yet it was mainly private property; nay, there might be spaces in it,
but not of it,--within its Bounds, but not within its Regard, as the
phrase ran,--and so exempt from its peculiar laws. Manwood gives a
picturesque, though quite erroneous derivation of the term: it was _For
Rest_ of the wild beasts; but a sounder etymology traces the word to
_foris_ (= outside), for that it was outside the jurisdiction of the
Common Law, and had codes, courts, and officers of its own. The whole
business was for centuries alike insult and wrong to the Commons of
England.
Public-domain text, read in full here on John Shaqi.
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