ner, and is called a
_deodand_.

BY this is meant whatever personal chattel is the immediate occasion
of the death of any reasonable creature; which is forfeited to the
king, to be applied to pious uses, and distributed in alms by his high
almoner[u]; though formerly destined to a more superstitious purpose.
It seems to have been originally designed, in the blind days of
popery, as an expiation for the souls of such as were snatched away by
sudden death; and for that purpose ought properly to have been given
to holy church[w]; in the same manner, as the apparel of a stranger
who was found dead was applied to purchase masses for the good of his
soul. And this may account for that rule of law, that no deodand is
due where an infant under the years of discretion is killed by a fall
_from_ a cart, or horse, or the like, not being in motion[x]; whereas,
if an adult person falls from thence and is killed, the thing is
certainly forfeited. For the reason given by sir Matthew Hale seems to
be very inadequate, _viz._ because an infant is not able to take care
of himself: for why should the owner save his forfeiture, on account
of the imbecillity of the child, which ought rather to have made him
more cautious to prevent any accident of mischief? The true ground of
this rule seems rather to be, that the child, by reason of it's want
of discretion, is presumed incapable of actual sin, and therefore
needed no deodand to purchase propitiatory masses: but every adult,
who dies in actual sin, stood in need of such atonement, according to
the humane superstition of the founders of the English law.

[Footnote u: 1 Hal. P.C. 419. Fleta. _l._ 1. _c._ 25.]

[Footnote w: Fitzh. _Abr. tit. Enditement._ _pl._ 27. Staunf. P.C. 20,
21.]

[Footnote x: 3 Inst. 57. 1 Hal. P.C. 422.]

THUS stands the law, if a person be killed by a fall from a thing
standing still. But if a horse, or ox, or other animal, of his own
motion, kill as well an infant as an adult, or if a cart run over him,
they shall in either case be forfeited as deodands[y]; which is
grounded upon this additional reason, that such misfortunes are in
part owing to the negligence of the owner, and therefore he is
properly punished by such forfeiture. A like punishment is in like
cases inflicted by the mosaical law[z]: "if an ox gore a man that he
die, the ox shall be stoned, and his flesh shall not be eaten." And
among the Athenians[a], whatever was the cause of a man's death, by