Deodand
Encyclopedia
Deodand is a thing forfeited or given to God, specifically, in law, an object or instrument which becomes forfeit because it has caused a person's death.
The English common law
of deodands traces back to the 11th century and was applied, on and off, until Parliament finally abolished it in 1846. Under this law, a chattel (i.e. some personal property, such as a horse or a hay stack) was considered a deodand whenever a coroner's jury decided that it had caused the death of a human being. In theory, deodands were forfeit to the crown, which was supposed to sell the chattel and then apply the profits to some pious use. (The term deodand derives from the Latin
phrase "deo dandum" which means "to be given to God.") In reality, the juries who decided that a particular animal or object was a deodand also appraised its value and the owners were expected to pay a fine equal to the value of the deodand. If the owner could not pay the deodand, his township was held responsible.
. Early legislation also directed people to pay specific sums of money, called wergild, as compensation for actions that resulted in someone else's death.
The transition from bane to deodand remains obscure. By the second half of the thirteenth century, however, the coroner's rolls are replete with references to vats, tubs, horses, carts, boats, stones, trees, etc. Deodands were still being forfeited throughout the 16th and 17th centuries, although not as frequently as before. Some scholars think the practice died out completely in the 18th century. Others speculated that deodands had become nominal assessment that were routinely levied. Another possibility is that the practice was receiving less official attention because the profits from deodands were no longer going into royal coffers. By then, the crown had long sold off the rights to deodands from most jurisdictions to lords, townships and corporations.
of England and Wales, the death of a person causes purely emotional and economic loss
to their relatives. In general, damages cannot be recovered for either type of damage, only for physical damage to the claimant or their property, and families of fatal accident victims had no claim. As a result, coroner
's juries started to award deodands as a way of penalising the railways.
On Christmas Eve 1841, in an accident on the Great Western Railway
, a train ran into a landslip in Sonning Cutting
and eight passengers were killed. The inquest
jury assigned a deodand value of £1000 to the train. Subsequently, a Board of Trade
inspector exonerated the company from blame and the deodand was quashed on appeal, on technicalities.
This alerted legislators, in particular Lord Campbell
and the Select Committee on Railway Labourers (1846). In the face of railway opposition, Campbell introduced a bill in 1845 to compensate victims. The bill led to the Fatal Accidents Act 1846, also known as Lord Campbell's Act. Campbell also introduced a bill to abolish deodands. The latter proposal, which became law as the Deodands Act 1846
, to some extent mitigated railway hostility.
Some U.S. state constitutions
prohibit deodands, frequently in the same article that prohibits corruption of blood.
The English common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
of deodands traces back to the 11th century and was applied, on and off, until Parliament finally abolished it in 1846. Under this law, a chattel (i.e. some personal property, such as a horse or a hay stack) was considered a deodand whenever a coroner's jury decided that it had caused the death of a human being. In theory, deodands were forfeit to the crown, which was supposed to sell the chattel and then apply the profits to some pious use. (The term deodand derives from the Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
phrase "deo dandum" which means "to be given to God.") In reality, the juries who decided that a particular animal or object was a deodand also appraised its value and the owners were expected to pay a fine equal to the value of the deodand. If the owner could not pay the deodand, his township was held responsible.
History
Prior to 1066, animals and objects causing serious damage or even death were called banes, and were handed over directly to the victim in a practice known as noxal surrenderNoxal surrender
Noxal surrender was a provision of Roman law in the case a delict was brought against a paterfamilias for a wrong committed by a son or slave. The defendant had the option in that instance of surrendering the dependant rather than paying the full damages....
. Early legislation also directed people to pay specific sums of money, called wergild, as compensation for actions that resulted in someone else's death.
The transition from bane to deodand remains obscure. By the second half of the thirteenth century, however, the coroner's rolls are replete with references to vats, tubs, horses, carts, boats, stones, trees, etc. Deodands were still being forfeited throughout the 16th and 17th centuries, although not as frequently as before. Some scholars think the practice died out completely in the 18th century. Others speculated that deodands had become nominal assessment that were routinely levied. Another possibility is that the practice was receiving less official attention because the profits from deodands were no longer going into royal coffers. By then, the crown had long sold off the rights to deodands from most jurisdictions to lords, townships and corporations.
Demise
During the 1830s, the rapid development of the railways led to increasing public hostility to the epidemic of railway deaths and the indifferent attitudes of the railway companies. Under the common lawCommon law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
of England and Wales, the death of a person causes purely emotional and economic loss
Pure economic loss
Economic loss refers to financial loss and damage suffered by a person such as can be seen only on a balance sheet rather than as physical injury to the person or destruction of property...
to their relatives. In general, damages cannot be recovered for either type of damage, only for physical damage to the claimant or their property, and families of fatal accident victims had no claim. As a result, coroner
Coroner
A coroner is a government official who* Investigates human deaths* Determines cause of death* Issues death certificates* Maintains death records* Responds to deaths in mass disasters* Identifies unknown dead* Other functions depending on local laws...
's juries started to award deodands as a way of penalising the railways.
On Christmas Eve 1841, in an accident on the Great Western Railway
Great Western Railway
The Great Western Railway was a British railway company that linked London with the south-west and west of England and most of Wales. It was founded in 1833, received its enabling Act of Parliament in 1835 and ran its first trains in 1838...
, a train ran into a landslip in Sonning Cutting
Railway accident at Sonning Cutting
The Sonning Cutting railway accident occurred during the early hours of 24 December 1841 in the Sonning Cutting through Sonning Hill, near Reading, Berkshire. A Great Western Railway luggage train travelling from London Paddington to Bristol Temple Meads station entered Sonning Cutting...
and eight passengers were killed. The inquest
Inquest
Inquests in England and Wales are held into sudden and unexplained deaths and also into the circumstances of discovery of a certain class of valuable artefacts known as "treasure trove"...
jury assigned a deodand value of £1000 to the train. Subsequently, a Board of Trade
Board of Trade
The Board of Trade is a committee of the Privy Council of the United Kingdom, originating as a committee of inquiry in the 17th century and evolving gradually into a government department with a diverse range of functions...
inspector exonerated the company from blame and the deodand was quashed on appeal, on technicalities.
This alerted legislators, in particular Lord Campbell
John Campbell, 1st Baron Campbell
John Campbell, 1st Baron Campbell PC, KC was a British Liberal politician, lawyer, and man of letters.-Background and education:...
and the Select Committee on Railway Labourers (1846). In the face of railway opposition, Campbell introduced a bill in 1845 to compensate victims. The bill led to the Fatal Accidents Act 1846, also known as Lord Campbell's Act. Campbell also introduced a bill to abolish deodands. The latter proposal, which became law as the Deodands Act 1846
Deodands Act 1846
The Deodands Act 1846 was an Act of Parliament of the Parliament of the United Kingdom, that abolished the ancient remedy of deodands.-Background:...
, to some extent mitigated railway hostility.
In the United States
In American law, the deodand has been cited as a source for the modern civil forfeiture doctrine.Some U.S. state constitutions
State constitution (United States)
In the United States, each state has its own constitution.Usually, they are longer than the 7,500-word federal Constitution and are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont, adopted in 1793 and currently...
prohibit deodands, frequently in the same article that prohibits corruption of blood.