H. E.
Traditions from Remote Periods through few Links (Vol. iii., pp. 206. 237.):—
"My greatest boast in this line is, that I have conversed with Sir Isaac Herd, the celebrated herald, and he had conversed with a person who was present at the execution of Charles I."—Lord Campbell's Lives of the Chief Justices, vol. ii. p. 304. note.
E. H. A.
Queries.
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."