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
was pronounced December 16, 1564, as follows: “I condemn you to be walled
up in a place enclosed by four walls, where, with anguish of heart and
abundance of tears, you shall bewail your sins and grievous offences
committed against the majesty of God, and the holy mother Church and the
religion of St. Francis, the founder of your order.” A bishop, who should
impose such a punishment now-a-days, would be very properly declared
insane and divested of his office.
Much ridicule has been cast upon the so-called “Blue Laws” of Connecticut
on account of the narrowness and pettiness of their prevailing spirit.
From our present point of view they are absurd and in many respects
atrocious, but compared with the penal codes of that time they mark a
great advance in human legislation. They reduced the number of crimes,
then punishable in England by death, from two hundred and twenty-three to
fourteen. In the mother-country, as late as the seventeenth century,
counterfeiters and issuers of false coin were condemned to be boiled to
death in oil by slow degrees. The culprit was suspended over the cauldron
and gradually let down into it, first boiling the feet, then the legs and
so on, until all the flesh was separated from the bones and the body
reduced to a skeleton. The Puritans of New England, relentless as they
were in their dealings with sectaries, were never so ruthless as this; nor
is it probable that they would have inflicted capital punishment upon
their own “stubborn and rebellious sons,” or upon persons who “worship
any other God but the Lord God,” had it not been for precedents recorded
in laws enacted by a semi-civilized people thousands of years ago and
supposed to have been dictated by divine wisdom. They failed to perceive
the incongruity of attempting to rear a democratic commonwealth on
theocratic foundations and made the fatal mistake of planning their
structure after what they regarded as the perfect model of the Jewish
Zion.
If we compare these barbarities with the law recently enacted by the
legislature of the state of New York, whereby capital punishment is to be
inflicted as quickly and painlessly as possible by means of electricity,
we shall be able to appreciate the immense difference between the mediæval
and the modern spirit in the conception and execution of penal justice.
Public-domain text, read in full here on John Shaqi.
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