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
Symbolism and personification, as applied to animals and inanimate
objects, unquestionably played an important part in primitive legislation,
but this principle does not account for the excommunication and
anathematization of noxious vermin or for the criminal prosecution and
capital punishment of homicidal beasts, nor does it throw the faintest
light upon the origin and purpose of such proceedings. Osenbrüggen’s
statement that the cock condemned to be burned at Bâle was personified as
a heretic (Ketzer) and therefore sentenced to the stake, is a far-fetched
and wholly fanciful explanation. As we have already seen, the unfortunate
fowl, suspected of laying an egg in violation of its nature, was feared as
an abnormal, inauspicious, and therefore diabolic creature; the fatal
cockatrice, which was supposed to issue from this egg when hatched, and
the use which might be made of its contents for promoting intercourse with
evil spirits, caused such a cock to be dreaded as a dangerous purveyor to
His Satanic Majesty, but no member of the Kohlenberg Court ever thought of
consigning Chanticleer to the flames as the peer of Wycliffe or of Huss in
heresy.
The judicial prosecution of animals, resulting in their excommunication by
the Church or their execution by the hangman, had its origin in the common
superstition of the age, which has left such a tragical record of itself
in the incredibly absurd and atrocious annals of witchcraft. The same
ancient code that condemned a homicidal ox to be stoned, declared that a
witch should not be suffered to live, and although the Jewish lawgiver may
have regarded the former enactment chiefly as a police regulation designed
to protect persons against unruly cattle, it was, like the decree of death
against witches, genetically connected with the Hebrew cult and had
therefore an essentially religious character. It was these two paragraphs
of the Mosaic law that Christian tribunals in the Middle Ages were wont to
adduce as their authority for prosecuting and punishing both classes of
delinquents, although in the application of them they were undoubtedly
incited by motives and influenced by fears wholly foreign to the mind of
the Levitical legislator. The extension of Christianity beyond the
boundaries of Judaism and the conversion of Gentile nations led to its
gradual but radical transformation. The propagation of the new and
aggressive faith among the Greeks and Romans, and especially among the
Indo-Germanic tribes of Northern Europe, necessarily deposed, degraded and
demonized the ancestral deities of the proselytes, who were taught
henceforth to abjure the gods of their fathers and to denounce them as
devils. Thus missionary zeal and success, while saving human souls from
endless perdition, served also to enlarge the realm of the Prince of
Darkness and to increase the number of his subjects and satellites. The
new convert saw them with his mind’s eye skulking about in obscure places,
Public-domain text, read in full here on John Shaqi.
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