falling upon him, was exterminated or cast out of the dominions of the
republic. Where a thing, not in motion, is the occasion of a man's
death, that part only which is the immediate cause is forfeited; as if
a man be climbing up a wheel, and is killed by falling from it, the
wheel alone is a deodand[b]: but, wherever the thing is in motion, not
only that part which immediately gives the wound, (as the wheel, which
runs over his body) but all things which move with it and help to make
the wound more dangerous (as the cart and loading, which increase the
pressure of the wheel) are forfeited[c]. It matters not whether the
owner were concerned in the killing or not; for if a man kills another
with my sword, the sword is forfeited[d] as an accursed thing[e]. And
therefore, in all indictments for homicide, the instrument of death
and the value are presented and found by the grand jury (as, that the
stroke was given with a certain penknife, value sixpence) that the
king or his grantee may claim the deodand: for it is no deodand,
unless it be presented as such by a jury of twelve men[f]. No deodands
are due for accidents happening upon the high sea, that being out of
the jurisdiction of the common law: but if a man falls from a boat or
ship in fresh water, and is drowned, the vessel and cargo are in
strictness a deodand[g].

[Footnote y: _Omnia, quae movent ad mortem, sunt Deo danda._ Bracton.
_l._ 3. _c._ 5.]

[Footnote z: Exod. 21. 28.]

[Footnote a: Aeschin. _contr. Ctesiph._]

[Footnote b: 1 Hal. P.C. 422.]

[Footnote c: 1 Hawk. P.C. c. 26.]

[Footnote d: A similar rule obtained among the antient Goths. _Si
quis, me nesciente, quocunque meo telo vel instrumento in perniciem
suam abutatur; vel ex aedibus meis cadat, vel incidat in puteum meum,
quantumvis tectum et munitum, vel in cataractam, et sub molendino meo
confringatur, ipse aliqua mulcta plectar; ut in parte infelicitatis
meae numeretur, habuisse vel aedificasse aliquod quo homo periret._
Stiernhook _de jure Goth._ _l._ 3. _c._ 4.]

[Footnote e: Dr & St. d. 2. c. 51.]

[Footnote f: 3 Inst. 57.]

[Footnote g: 3 Inst. 58. 1 Hal. P.C. 423. Molloy _de jur. maritim._ 2.
225.]

DEODANDS, and forfeitures in general, as well as wrecks, treasure
trove, royal fish, mines, waifs, and estrays, may be granted by the
king to particular subjects, as a royal franchise: and indeed they are
for the most part granted out to the lords of manors, or other
liberties; to the