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
Ancient legislators uniformly regarded a _felo de se_ as a criminal
against society and treated him as a kind of traitor. The man had enjoyed
the support and protection of the body-politic during his infancy and
youth, and, by taking his own life, he shook off the responsibilities and
shirked the duties devolving upon him as an adult member of the
commonwealth. This is why self-murder was called felony and as such
involved forfeiture of goods. Calchas would not permit the body of “the
mad Ajax,” who died by his own hand, to be burned; and the Christian
Church of to-day refuses to bury in consecrated ground with religious
rites any person who deliberately cuts short the thread of his existence
and thus commits treason against the Most High. The Athenians
ignominiously lopped off the hand of a suicide and buried the guilty
instrument of his death, as an accursed thing, apart from the rest of the
interred or incremated body. In some communities all persons over sixty
years of age have been left free to kill themselves, if they wished to do
so. They had performed the duties of citizenship and of procreation and
were permitted to retire in this way, if they saw fit. In very ancient
times, the magistrates of Massalia (Marseilles, then a Greek colony) are
said to have kept on hand a supply of poison to be given to any citizen,
who, on due examination, was found to have good and sufficient reason for
taking his own life. Suicide was thus legalized and facilitated, and
thereby rendered honourable, and was perhaps found more convenient and
economical than to grant pensions or to support paupers. It was a summary
method of getting rid of those who had finished the struggle for existence
or failed in it, and in either case might be a burden to themselves or to
the state. On the other hand, when a suicidal mania seized upon the
maidens of Miletos, an Ionian city in Caria, and threatened to produce a
dearth of wives and mothers, the municipal authorities decreed that the
bodies of all such persons should be exposed naked in the market-place, in
order that virgin modesty and shame might overcome the desire of death,
and check a self-destructive passion extremely detrimental to the Milesian
commonwealth.
It is true, as Blackstone asserts, that the Church claimed deodands as her
due and put the price of them into her own coffers; but this fact does not
explain their origin. They were an expression of the same feeling that led
the public authorities to fill up a well, in which a person had been
drowned, not as a precautionary measure, but as a solemn act of expiation;
or that condemned and confiscated a ship, which, by lurching, had thrown a
man overboard and caused his death.
Public-domain text, read in full here on John Shaqi.
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