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 a Latin protocol of legal proceedings in Crollolanza’s _Storia del
Contado di Chiavenna_ it is recorded that on June 26, 1659, Capt. J. B.
Pestalozzi came, in behalf of the communes of Chiavenna, Mese, Gordona,
Prada and Samolico, before the commissioner Hartmann Planta and brought
complaint against certain caterpillars on account of the devastations
committed by them, demanding that these hurtful creatures should be
summoned by the proper sheriff to appear in court on June 28 at a
specified hour in order to have a curator and defender appointed, who
should answer for them to the plaintiffs. A second document, dated June
28, 1659, and signed by the notary Battista Visconti, certifies that the
said summons had been duly issued and five copies of the same been posted
each on a tree in the five forests in the territory of the aforesaid five
communes. A third document of the same date required the advocate of the
accused, Cesare de Peverello, to appear before the court on the following
Tuesday, July 1, in behalf of his recusant clients, who were charged with
trespassing upon the fields, gardens and orchards and doing great damage
therein, instead of remaining in their habitat, the forest. The
prosecutors required that they should seek their food in wild and wooded
places and cease from ravaging cultivated grounds. A fourth document
contains an account of the trial; the pleadings of the respective parties,
so far as they are preserved, do not differ essentially from those already
quoted. In the fifth and final document the court recognizes the right of
the caterpillars to life, liberty, and the pursuit of happiness, provided
the exercise of this right “does not destroy or impair the happiness of
man, to whom all lower animals are subject.” Accordingly a definite place
of abode is to be assigned to them and various places are proposed. The
protocol is incomplete, so that we are left in ignorance of the ultimate
decision. The whole is written in execrable Latin quite worthy of the
subject.
Public-domain text, read in full here on John Shaqi.
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