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
A curious and characteristic specimen of the absurd and illogical
inferences, which Chassenée is constantly deducing from his texts, is the
use he makes of the passage in Virgil’s first Georgic, in which the poet
remarks that “no religion has forbidden us to draw off water-courses for
irrigating purposes, to enclose crops with fences, or to lay snares for
birds,” all these things being essential to successful husbandry. But from
the right to snare birds, our jurisprudent infers the right to
excommunicate them, since “no snares are stronger than the meshes of an
anathema.” Far-fetched deductions and wretched twaddle of this sort fill
many pages of the famous lawyer’s dissertation.
Coming down to more recent times, Chassenée mentions several instances of
the effectiveness of anathemas, accepting as convincing testimony the
ecstacies of saints and the extravagant statements of hagiologists without
the slightest expression of doubt as to the truth of these legends. Thus
he relates how a priest anathematized an orchard, because its fruits
tempted the children of his parish and kept them away from mass. The
orchard remained barren until, at the solicitation of the Duchess of
Burgundy, the ban was removed. In like manner the Bishop of Lausanne freed
Lake Leman from eels, which had become so numerous as seriously to
interfere with boating and bathing; on another occasion in the year 1451
the same ecclesiastic expelled from the waters of this lake an immense
number of enormous blood-suckers, which threatened to destroy all the
large fish and were especially fatal to salmon, the favourite article of
food on fast-days. This method of procedure was both cheap and effective
and, as Felix Malleolus informs us in his _Tractatus de Exorcismis_ (I),
received the approbation of all the learned doctors of the University of
Heidelberg: _omnes studii Heydelbergensis Doctores hujusmodi ritus
videntes et legentes consenserunt_. By the same agency an abbot changed
the sweet white bread of a Count of Toulouse, who abetted and protected
heresy, into black, mouldy bread, so that he, who would fain feed souls
with corrupt spiritual food, was forced to satisfy his bodily hunger with
coarse and unsavoury provender. No sooner was the excommunication removed
than the bread resumed its original purity and colour. Egbert, Bishop of
Trier, anathematized the swallows, which disturbed the devotions of the
faithful by their chirping and chattering, and sacrilegiously defiled his
head and vestments with their droppings, when he was officiating at the
altar. He forbade them to enter the sacred edifice on pain of death; and
it is still a popular superstition at Trier, that if a swallow flies into
the cathedral, it immediately falls to the ground and gives up the ghost.
Another holy man, known as John the Lamb, cursed the fishes, which had
incurred his anger, with results equally fatal to the finny tribe. It is
also related of the honey-tongued St. Bernard, that he excommunicated a
Public-domain text, read in full here on John Shaqi.
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