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
harmful insects by reading the Koran aloud in the ravaged fields, as was
recently done at Denislue in Asia Minor with satisfactory results. Also as
late as 1864 at Pleternica in Slavonia, a pig was tried and executed for
having maliciously bitten off the ears of a female infant aged one year.
The flesh of the condemned animal was cut in pieces and thrown to the
dogs, and the head of the family, in which the pig lived, as is the custom
of pigs among the peasants of that country, was put under bonds to provide
a dowry for the mutilated child, so that the loss of her ears might not
prove to be an insuperable obstacle to her marriage. (_Amira_, p. 578.) It
would be incorrect to infer from the tables just referred to that no
judicial punishment of animals occurred in the tenth century or that the
fifteenth, sixteenth, and seventeenth centuries were peculiarly addicted
to such practices. It is well known that during some of the darkest
periods of the Middle Ages and even in later times the registers of the
courts were very imperfectly kept, and in many instances the archives have
been entirely destroyed. It is highly probable, therefore, that the cases
of capital prosecution and conviction of animals, which have been
collected and printed by Berriat-Saint-Prix and others, however thorough
their investigations may have been, constitute only a very small
percentage of those which actually took place.
Beasts were often condemned to be burned alive; and strangely enough, it
was in the latter half of the seventeenth century, an age of comparative
enlightenment, that this cruel penalty seems to have been most frequently
inflicted. Occasionally a merciful judge adhered to the letter of the law
and curbed its barbarous spirit by sentencing the culprit to be slightly
singed and then to be strangled before being committed to the flames.
Sometimes brutes were doomed to be buried alive. Thus we have the receipt
of “Phélippart, sergeant of high justice of the city of Amiens,” for the
sum of sixteen soldi, in payment for services rendered in March 1463, in
“having buried in the earth two pigs, which had torn and eaten with their
teeth a little child in the faubourg of Amiens, who for this cause passed
from life to death (_étoit allé de vie a trépas_).” In 1557, on the 6th of
December, a pig in the Commune of Saint-Quentin was condemned to be
“buried all alive” (_enfoui tout vif_), “for having devoured a little
child in l’hostel de la Couronne.” Again, a century earlier, in 1456, two
pigs were subjected to this punishment, “on the vigil of the Holy Virgin,”
at Oppenheim on the Rhine, for having killed a child. More than three
centuries later the same means were employed for curing murrain, which in
the summer of 1796 had broken out at Beutelsbach in Würtemberg and carried
off many head of cattle. By the advice of a French veterinary doctor, who
was quartered there with the army of General Moreau, the town bull was
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