Our navigation bar is loading . . . . . .


Advertise on JCSM - Hear JCSM's Weekly Devotions via Podcast/RSS Feed! - Skip These Ads

You can advertise your site right here!Click here to learn more!

 10,000 Wise Quotes and Spiritual Sayings by Jason Gastrich, Ph.D.

 JCSM's Top 1000 Christian Sites - Free Traffic Sharing Service! Join the Online Christ-Centered Ministries!

-
Jesus Christ Saves Ministries

Click here and add this page to your favorites!

Return to the JCSM Study Center!

Encyclopedia Britannica



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

This article appears in Volume V08, Page 55 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: DEM-DIO
DEODAND (Lat. Deo dandum, that which is to be given to God) , in English law, was a personal chattel (any animal or thing) which, on account of its having caused the death of a human being, was forfeited to the king for pious uses. Blackstone, while tracing in the custom an expiatory
design
 , alludes to analogous Jewish and Greek
laws
 ,' which required that what occasions a man's death should be destroyed. In such usages the notion of the
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 forfeiture of the offending
instrument
  in no way depends on the guilt of the owner. This imputation of guilt to inanimate objects or to the lower animals is not inconsistent with what we know of the ideas of uncivilized races. In English law, deodands came to be regarded as mere forfeitures to the king, and' the rules on which they depended were not easily explained by any key in the possession of the old commentators. The law distinguished, for instance, between a thing in motion and a thing
standing
  still. If a horse or other animal in motion killed a person, whether infant or adult, or if a cart ran over him, it was forfeited as a deodand. On the other hand, if death were caused by falling from a cart or a horse at 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 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 part only which is the immediate cause is forfeited, as " if a man be climbing up 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
Britton
 . Where a man is killed by a vessel at rest the cargo is not deodand; where the vessel is under sail, hull and cargo are both deodand. For the distinction between the death of a child and the death of an adult Blackstone accounts by suggesting that the child " was presumed incapable of actual sin, and therefore needed no deodand to purchase propitiatory masses; but every adult who died in actual sin stood in need of such atonement, according to the humane superstition of the founders of the English law." Sir
Matthew
 
Hale
 's explanation was that the child could not take care of himself, whereon Blackstone asks why the owner should save his forfeiture on account of the imbecility of the child, which ought to have been an additional reason for caution. The finding of a jury was necessary to constitute a deodand, and the investigation of the value of the
instrument
  by which death was caused occupied an important place among the provisions of early English criminal law. It became a necessary part of an indictment to state the nature and value of the weapon employed as, that the stroke was given by a certain penknife, of the value of sixpenceso that the king might have his deodand. Accidents on the high seas did not cause forfeiture, being beyond the domain of the common law; but it would appear that in the case of ships in fresh water the law held good. The king might grant his right to deodands to another. In later times these forfeitures became extremely unpopular; and juries, with the connivance of judges, found deodands of trifling value, so as to defeat the inequitable claim. At last, by an act of 1846 they were abolished, the date noticeably coinciding with the introduction of railways and modern steam-engines.


End of Article: DEODAND (Lat. Deo dandum, that which is to be given to God)


If you wish, you can link directly to this article.
<a href="http://jcsm.org/StudyCenter/Encyclopedia/DEM_DIO/DEODAND_Lat_Deo_dandum_that_wh.html">
DEODAND (Lat. Deo dandum, that which is to be g...
</a>
(Previous)
DENVER 		(Next)
DEOGARH

 


 

Jesus Christ Saves Ministries

The JCSM Study CenterAmerica's Christian FoundationSkeptic's Annotated Bible: Corrected and ExplainedNKJV Web Hosting and Services
JCSM's Sermons, Debates and the Bible on MP3The Online Christ-Centered MinistriesDo You Have A Web Site?  Your Ad Could Be Here!Seminary Notes and PapersThe Picturesque Photo Albums


Jesus Christ Saves Ministries, P.O. Box 70696, Pasadena, CA 91117

JCSM is a 501(c)(3), non-profit organization. Copyright © 1997-present.


Kingdom Debt Solutions - Be Debt Free! Sport Logos - Quality Athletic Equipment The JCSM Study Center Your Ad Could Be Here! Launch A Successful Internet Organization or Business! Learn Guitar, Bass, or Piano in San Diego county!

You can advertise your site right here!

Free & Cheap Cell Phones  |  Cheap Long Distance Phone Service Carriers  |  Talk America Local Phone Service  |  Ztel & MCI - Unlimited Long Distance
Compare Cell Phone Plans & Companies  |  International Calling Cards & Prepaid Phone Cards  |  Voice Over IP Broadband Internet Phone Service  |  Wireless Phone Plans & Cheap Cell Phones

Dr. Jason Gastrich

Jason Gastrich, Ph.D.

 

Jesus Christ Saves Ministries is directed by Dr. Jason Gastrich.  It was founded in 1997 and it exists to bring people into a life-changing and productive relationship with Jesus Christ.  JCSM offers over 200,000 free web pages, discussion boards, weekly html and mp3 devotionals, free email accounts, and much more.

Jesus Christ Saves Ministries
P.O. Box 9297
San Diego, CA  92169
1-877-850-3878 or Email

JCSM is a 501(c)(3), non-profit organization. Copyright © 1997-2008.

_____________________________________________________________________________

Online First Aid and CPR Certification  .  The Online Christ Centered Ministries  .  The Skeptic's Annotated Bible: Corrected and Explained  .  The Inerrancy Discussion Board  .  Free Email Accounts  .  Home Equity Loans  .  JasonGastrich.com  .  The Missions, Apologetics, and Creation Bible Conference  .  Young Earth Creation Science  .  San Diego Music Lessons  .  10,000 Wise Quotes and Spiritual Sayings  .  Gastrich.net  .  Maximizing the Internet: 12 Keys to Success  .  Louisiana Baptist University  .  NKJV Web Hosting and Services  .  Michael Newdow  .  San Diego Soccer Training  . Christian Guitar Lessons  .  Jesus Christ Saves Ministries  .  Eternal Security