The Basle case was a very singular one. A farm-yard cock was tried on the
absurd charge of having laid an egg. It was contended in support of the
prosecution that eggs laid by cocks were of inestimable value for use in
certain magical preparations; that a sorcerer would rather possess a
cock's egg than the philosopher's stone; and that Satan employed witches
to hatch such eggs, from which proceeded winged serpents most dangerous to
mankind. On behalf of the gallinaceous prisoner, the facts of the case
were admitted, but his advocate submitted that no evil animus had been
proved against his client, and that no injury to man or beast had
resulted. Besides, the laying of the egg was an involuntary act, and as
such not punishable by law. If it was intended to impute the crime of
sorcery to his client, he was entitled to an acquittal; for there was no
instance on record of Satan having made a compact with one of the brute
creation. In reply, the public prosecutor stated that, though the Evil One
did not make compacts with brutes, he sometimes entered into them; and
though the swine possessed by devils, as related by the Evangelists, were
involuntary agents, yet they, nevertheless, were punished by being caused
to run down a steep decline into the Lake of Galilee, where they were
drowned. The poor cock was convicted, and condemned to death, not as a
cock, however, but as a sorcerer, or perhaps a devil, in the form of a
cock, on which finding it was, with the egg attributed to it, burned at a
stake, with all the form and solemnity of a judicial execution.
As the lower animals were amenable to the law in Switzerland in those dark
ages, so, in certain circumstances, they could be put into the witness
box. If a house was broken into between sunset and sunrise, and the
occupier killed the intruder, the act was regarded as justifiable
homicide. But it was thought right to provide by law against the case of a
man, living alone, who might invite a person whom he wished to kill to
spend the evening with him, and having slain him, might assert that he
committed the act in self-defence, or to protect his property, the dead
man having been a burglar. Therefore, when a man was killed in such
circumstances, the occupier of the house was required to produce some
domestic animal that was an inmate of the house, and had witnessed the
tragedy, and to declare his innocence on oath in the presence of such
animal. If the brute witness did not contradict him, he was acquitted; the
law taking it for granted that God, rather than allow a murderer to go
unpunished, would intervene by causing a miraculous manifestation by the
mouth of a dumb witness.
Public-domain text, read in full here on John Shaqi.
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