Chap. 149.
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Casual Death.
be no Law, but where the casting of a Stone is lawful; as where a Mason
is untyling of an House, &c. but to cast it for pleasure, and not in
lawful
labour, seemeth to be Felony: and so was the opinion of ' Mr. Bracton
' lib. 3. fol. 120 & 121. And Mr. Stamford:
especially if the casting of the
' Stone be in such place where Men do use to pass by. Yet Mr. Bracton
lib.
' 3. c. 17. De homicidio per infortunium & casualiter,
giveth these Rules,
' Crimen non contrabitur nisi voluntas nocendi intercedat, & voluntas
&
' propositum distinguunt maleficium, secundum quod dici poterit
de infante &
' furioso, cum alterum innocentia consilii tueatur, & alterum
facti imbecillitas
' excuset. Again, In maleficiis spectatur voluntas
non exitus, & nihil intersit,
' occidat quis, an causam mortis præbeat.
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353 |
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Casual Death. CHAP. CXLIC.
V. 97.
ALso a Man may be slain by other casualty, than by
hands or means of
another Man, As by the fall of an House, Pit or Tree, &c. upon
him; or be killed by a Bull, Bear or other Beast, ' or by an Horse or
Cart, &c.' or be killed by some fall, which he himself taketh. |
§. 1. |
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And in these and the like Cases, observe these Rules. |
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1. First if a Man be slain in any such manner,
yet if it be by the means
or procurement, or wilful default of another Man. This shall be Felony
in the party procuring or causing it. |
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2. The thing which is the cause of such casual
death, shall be forfeit
tot he King, praised and taken for a Deodand, and the price of the
thing
shall be distributed in Alms to the Poor, by the Kings Almoner, for Deodand,
est quasi Deodandum, id est, in Eleemosynas erogandum. But
the Almoner
hath no interest, as it seemeth, in such Goods, but hath only the
disposition of the Kings Alsms, Durante Beneplacito; so that the
King may
grant them to any other. See Co. 1. 50. Dyer 77. |
§. 2.
Deodand. |
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The Office and Duty of this Almoner. See Co.
l. 94. |
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| Plo. 260. |
3. The Forfeiture shall have relation from
the stroke given; so as the
Party or Owner selling thereof (sc. of such thing as was cause of
such
death) after the stroke given, taketh not away the Kings Right, but that
he shall have it as forfeited, notwithstanding such Sale. |
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| Co. 5. 110. |
4. Deodands are not forfeited, until
the matter be found of Record,
and therefore they cannot be claimed by Prescription. |
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Co. 5. 110.
F. Cor.
298.
Stamf. 121.
P. Cor. 10. |
5. The Jury which find the death of the Man,
must also find and appraise
the Deodand, and the Sheriff shall be charged with the price of
such Deodand, and shall levy the same of the Town where it falleth,
although
it were not committed to the Town to keep: and therefore it behoveth
the Town to see it forth coming. See the Stat. de officio Coronatoris,
4 Ed. 1. |
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F. Eor.
383. |
6. If he that is so slain be under fourteen
years of age, nothing shall be
forfeit to the King as a Deodand for him, as it seemeth. |
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| Stamf. 22. |
' If a man dieth suddenly or by misfortune, Mr.
Bracton, lib. 3. saith,
' Tunc attachiare delieut inventorem usque ad adventum justiciariorum
& similiter
' omnes illos qui in societate illa intersuerint ubi tale accidit
infortunium,
fol. 122. |
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P. Indictment
27.
Stamf. 21. |
And if a man that is unknown be found dead in the
Field, his Apparel
and Mony about him shall be given to the Poor, &c. And if he
were
known, then his Goods shall be delivered to his Executors or Administrators,
or to the Ordinary; but shall not be taken as a Deodand, in |
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