The Criminal Prosecution and Capital Punishment of AnimalsEvans, E. P. (Edward Payson)
History
The Criminal Prosecution and Capital Punishment of Animals
Evans, E. P. (Edward Payson)
Animals -- Law and legislation -- History; Animals, Prosecution and punishment of -- History; Trials -- Europe
Quite recently in China fifteen wooden idols were tried and condemned to
decapitation for having caused the death of a man of high military rank.
On complaint of the family of the deceased the viceroy residing at Fouchow
ordered the culprits to be taken out of the temple and brought before the
criminal court of that city, which after due process of law sentenced them
to have their heads severed from their bodies and then to be thrown into a
pond. The execution is reported to have taken place in the presence of a
large concourse of approving spectators and “amid the loud execrations of
the masses,” who seem in their excitement to have “lost their heads” as
well as the hapless deities.
When the Russian prince Dimitri, the son of Ivan II., was assassinated on
May 15, 1591, at Uglich, his place of exile, the great bell of that town
rang the signal of insurrection. For this serious political offence the
bell was sentenced to perpetual banishment in Siberia, and conveyed with
other exiles to Tobolsk. After a long period of solitary confinement it
was partially purged of its iniquity by conjuration and re-consecration
and suspended in the tower of a church in the Siberian capital; but not
until 1892 was it fully pardoned and restored to its original place in
Uglich. A like sentence was imposed by a Russian tribunal on a butting ram
in the latter half of the seventeenth century.
Mathias Abele von Lilienberg, in his _Metamorphosis Telae Judiciariae_, of
which the eighth edition was published at Nuremberg in 1712, states that a
drummer’s dog in an Austrian garrison town bit a member of the municipal
council in the right leg. The drummer was sued for damages, but refused to
be responsible for the snappish cur and delivered it over to the arm of
justice. Thereupon he was released, and the dog sentenced to one year’s
incarceration in the Narrenkötterlein, a sort of pillory or iron cage
standing on the market-place, in which blasphemers, evil-livers, rowdies
and other peace-breakers were commonly confined. [The Narrenkötterlein,
Narrenköderl or Kotter formerly on the chief public squares in Vienna are
described as “Menschenkäfige mit Gittern von Eisen und Holz, bestimmt das
darin versperrte Individuum dem Spotte des Pöbels preiszugeben (zu
narren).” Schläger: _Wiener Skizzen aus dem Mittelalter_, II. 245.]
Mornacius also relates that several mad dogs, which attacked and tore in
pieces a Franciscan novice in 1610, were “by sentence and decree of the
court put to death.” It is surely reasonable enough that mad dogs should
be killed; the remarkable feature of the case is that they should be
formally tried and convicted as murderers by a legal tribunal, and that no
account should have been taken of their rabies as an extenuating
circumstance or ground of acquittal. In such a case the plea of insanity
would certainly seem to be naturally suggested and perfectly valid.
Public-domain text, read in full here on John Shaqi.
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