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
The final decision of the case, after such careful deliberation and so
long delay, is rendered doubtful by the unfortunate circumstance that the
last page of the records has been destroyed by rats or bugs of some sort.
Perhaps the prosecuted weevils, not being satisfied with the results of
the trial, sent a sharp-toothed delegation into the archives to obliterate
and annul the judgment of the court. At least nothing should be thought
incredible or impossible in the conduct of creatures, which were deemed
worthy of being summoned before ecclesiastical tribunals and which
succeeded as criminals in claiming the attention and calling forth the
legal learning and acumen of the greatest jurists of their day.
In the margin of the last page are some interesting items of expenses
incurred: “_pro visitatione III flor._,” by which we are to understand
three florins to the experts, who were appointed to visit the place
assigned to the insects; then “_solverunt scindici Sancti Julliani incluso
processu Animalium sigillo ordinationum et pro copia que competat in
processu dictorum Animalium omnibus inclusis XVI flor._,” which may be
summed up as sixteen florins for clerical work including seals; finally,
“_item pro sportulis domini vicarii III flor._,” three florins to the
vicar, who acted as the bishop’s official and did not receive a regular
fee, but was not permitted to go away empty-handed. The date, which
follows, Dec. 20, 1587, may be assumed to indicate the time at which the
trial came to an end, after a pendency of more than eight months. (_Vide_
Appendix A.)
In the legal proceedings just described, two points are presented with
great clearness and seem to be accepted as incontestable: first, the right
of the insects to adequate means of subsistence suited to their nature.
This right was recognized by both parties; even the prosecution did not
deny it, but only maintained that they must not trespass cultivated fields
and destroy the fruits of man’s labour. The complainants were perfectly
willing to assign to the weevils an uncultivated tract of ground, where
they could feed upon such natural products of the soil as were not due to
human toil and tillage. Secondly, no one appears to have doubted for a
moment that the Church could, by virtue of its anathema, compel these
creatures to stop their ravages and cause them to go from one place to
another. Indeed, a firm faith in the existence of this power was the pivot
on which the whole procedure turned, and without it, the trial would have
been a dismal farce in the eyes of all who took part in it.
Public-domain text, read in full here on John Shaqi.
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