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
It is related in the chronicles of an ancient abbey (_Le Père Rochex:
Gloire de l’Abbaye et Vallée de la Novalaise_), that St. Eldrad commanded
the snakes, which infested the environs of a priory in the valley of
Briançon, to depart, and, taking a staff in his hand, conducted them to a
desert place and shut them up in a cave, where they all miserably
perished. Perhaps the serpent, which suffered Satan to take possession of
its seductive form and thus played such a fatal part in effecting the fall
of man and in introducing sin into the world, may have been regarded as
completely out of the pale and protection of law, and as having no rights
which an ecclesiastical excommunicator or a wonder-working saint would be
bound to respect. As a rule, however, such an arbitrary abuse of
miraculous power to the injury or destruction of God’s creatures was
considered illegal and unjustifiable, although irascible anchorites and
other holy men under strong provocation often gave way to it. Mediæval
jurists frowned upon summary measures of this sort, just as modern lawyers
condemn the practice of lynch-law as mobbish and essentially seditious,
and only to be excused as a sudden outburst of public indignation at some
exceptionally brutal outrage.
Properly speaking, animals cannot be excommunicated, but only
anathematized; just as women, according to old English law, having no
legal status of their own and not being bound in frankpledge as members of
the decennary or tithable community, could not be outlawed, but only
“waived” or abandoned. This form of ban, while differing theoretically
from actual outlawry, was practically the same in its effects upon the
individual subjected to it. Excommunication is, as the etymology of the
word implies, the exclusion from the communion of the Church and from
whatever spiritual or temporal advantages may accrue to a person from this
relation. It is one of the consequences of an anathema, but is limited in
its operation to members of the ecclesiastical body, to which the lower
animals do not belong. This was the generally accepted view, and is the
opinion maintained by Gaspard Bailly, advocate and councillor of the
Sovereign Senate of Savoy, in his _Traité des Monitoires, avec un
Plaidoyer contre les Insects_, printed at Lyons in 1668, but it has not
always been held by writers on this subject, some of whom do not recognize
this distinction between anathema and excommunication on the authority of
many passages of Holy Writ, affirming that, as the whole creation was
corrupted by the fall, so the atonement extends to all living creatures,
which are represented as longing for the day of their redemption and
regeneration.
Public-domain text, read in full here on John Shaqi.
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