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
In 1519, the commune of Stelvio, in Western Tyrol, instituted criminal
proceedings against the moles or field-mice,[3] which damaged the crops
“by burrowing and throwing up the earth, so that neither grass nor green
thing could grow.” But “in order that the said mice may be able to show
cause for their conduct by pleading their exigencies and distress,” a
procurator, Hans Grinebner by name, was charged with their defence, “to
the end that they may have nothing to complain of in these proceedings.”
Schwarz Mining was the prosecuting attorney, and a long list of witnesses
is given, who testified that the serious injury done by these creatures
rendered it quite impossible for tenants to pay their rents. The counsel
for the defendants urged in favour of his clients the many benefits which
they conferred upon the community, and especially upon the agricultural
class by destroying noxious insects and larvæ and by stirring up and
enriching the soil, and concluded by expressing the hope that, if they
should be sentenced to depart, some other suitable place of abode might be
assigned to them. He demanded, furthermore, that they should be provided
with a safe conduct securing them against harm or annoyance from dog, cat
or other foe. The judge recognized the reasonableness of the latter
request, in its application to the weaker and more defenceless of the
culprits, and mitigated the sentence of perpetual banishment by ordering
that “a free safe-conduct and an additional respite of fourteen days be
granted to all those which are with young and to such as are yet in their
infancy; but on the expiration of this reprieve each and every must be
gone, irrespective of age or previous condition of pregnancy.” (_Vide_
Appendix C.)
Public-domain text, read in full here on John Shaqi.
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