DEODANDS AND THEIR APPLICATION.
Blackstone states (1 Comm. p. 300.) that a deodand—
"Is forfeited to the king to be applied to pious uses, and distributed in alms by his high almoner, 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."
The authorities for this latter statement are Fitzh., Abr., tit. "Enditement," pt. 27., and Staunf., P.C., 20, 21., neither of which books are in my possession, nor in this remote district can I gain access to them. Hume, Lingard, Henry, and Rapin, omit all mention of this change in the destination of the deodand, at least so far as I can find. Fleta, who lived, according to Dr. Cowell (Interpreter, in verb. "Fleta"), tem. Ed. II., Ed. III., or, according to Jacob (Law Dic., in ver. "Fleta"), tem. Ed. I., says that—
"This deodand is to be sold to the poor, and the price distributed to the poor for the soul of the king and all faithful people departed this life."—Interpreter, in ver. "Deodand."
It would therefore appear that in Fleta's time it was settled law that deodands went to the Crown; nor does this writer seem to take any notice of their having been, at any time, payable to the Church. Hawkins, East, and I think Hale also, are equally silent upon the point.
Can any of your readers kindly supply the information as to when deodands first ceased to be given to the Church, and when they became the property of the Crown?
JONATHAN PEEL.