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 present volume is the result of the revision and expansion of two
essays entitled “Bugs and Beasts before the Law,” and “Modern and Mediæval
Punishment,” which appeared in _The Atlantic Monthly_, in August and
September 1884. Since that date the author has collected a vast amount of
additional material on the subject, which has also been discussed by other
writers in several publications, the most noteworthy of which are
Professor Karl von Amira’s _Thierstrafen und Thierprocesse_ (Innsbruck,
1891), Carlo d’Addosio’s _Bestie Delinquenti_ (Napoli, 1892), and G.
Tobler’s _Thierprocesse in der Schweiz_ (Bern, 1893), but in none of these
works, except the first-mentioned, are there any important statements of
facts or citations of cases in addition to those adduced in the essays
already mentioned, for which the writer was indebted chiefly to the
extensive and exceedingly valuable researches of Berriat-Saint-Prix and M.
L. Ménebréa, and the _Consilium Primum_ of Bartholomew Chassenée, cited in
the appended bibliography. Professor Von Amira is a very distinguished and
remarkably keen-sighted jurisprudent and treats the matter exclusively
from a jurisprudential point of view, his main object being to discover
some general principle on which to explain these strange phenomena, and
thus to assign to them their proper place and true significance in the
historical evolution of the idea of justice and the methods of attaining
it by legal procedure.
Von Amira draws a sharp line of technical distinction between Thierstrafen
and Thierprocesse; the former were capital punishments inflicted by
secular tribunals upon pigs, cows, horses, and other domestic animals as a
penalty for homicide; the latter were judicial proceedings instituted by
ecclesiastical courts against rats, mice, locusts, weevils, and other
vermin in order to prevent them from devouring the crops, and to expel
them from orchards, vineyards, and cultivated fields by means of exorcism
and excommunication. Animals, which were in the service of man, could be
arrested, tried, convicted and executed, like any other members of his
household; it was, therefore, not necessary to summon them to appear in
court at a specified time to answer for their conduct, and thus make
them, in the strict sense of the term, a party to the prosecution, for
the sheriff had already taken them in charge and consigned them to the
custody of the jailer. Insects and rodents, on the other hand, which were
not subject to human control and could not be seized and imprisoned by the
civil authorities, demanded the intervention of the Church and the
exercise of its supernatural functions for the purpose of compelling them
to desist from their devastations and to retire from all places devoted to
the production of human sustenance. The only feasible method of staying
the ravages of these swarms of noxious creatures was to resort to
“metaphysical aid” and to expel or exterminate them by sacerdotal
conjuring and cursing.
Public-domain text, read in full here on John Shaqi.
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