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
buried alive at the crossroads in the presence of several hundred persons.
We are not informed whether this sacrifice proved to be a sufficiently
“powerful medicine” to stay the epizoötic plague; the noteworthy fact is
that the superstitious rite was prescribed and performed, not by an Indian
magician or an African sorcerer, but by an official of the French
republic.
Animals are said to have been even put to the rack in order to extort
confession. It is not to be supposed that, in such cases, the judge had
the slightest expectation that any confession would be made; he wished
merely to observe all forms prescribed by the law, and to set in motion
the whole machinery of justice before pronouncing judgment. The statement
of a French writer, Arthur Mangin (_L’Homme et la Bête._ Paris, 1872, p.
344), that “the cries which they uttered under torture were received as
confessions of guilt,” is absurd. No such notion was ever entertained by
their tormentor. “The question,” which under the circumstances would seem
to be only a wanton and superfluous act of cruelty, was nevertheless an
important element in determining the final decision, since the sentence of
death could be commuted into banishment, whipping, incarceration or some
milder form of punishment, provided the criminal had not confessed his
guilt under torture. The use of the rack might be, therefore, a merciful
means of escaping the gallows. Appeals were sometimes made to higher
tribunals and the judgments of the lower courts annulled or modified. In
one instance a sow and a she-ass were condemned to be hanged; on appeal,
and after a new trial, they were sentenced to be simply knocked on the
head. Occasionally an appeal led to the acquittal of the accused.
In 1266, at Fontenay-aux-Roses, near Paris, a pig convicted of having
eaten a child was publicly burned by order of the monks of Sainte
Geneviève. In 1386, the tribunal of Falaise sentenced a sow to be mangled
and maimed in the head and forelegs, and then to be hanged, for having
torn the face and arms of a child and thus caused its death. Here we have
a strict application of the _lex talionis_, the primitive retributive
principle of taking an eye for an eye and a tooth for a tooth. As if to
make the travesty of justice complete, the sow was dressed in man’s
clothes and executed on the public square near the city-hall at an expense
to the state of ten sous and ten deniers, besides a pair of gloves to the
hangman. The executioner was provided with new gloves in order that he
might come from the discharge of his duty, metaphorically at least, with
clean hands, thus indicating that, as a minister of justice, he incurred
no guilt in shedding blood. He was no common pig-killer, but a public
functionary, a “master of high works” (_maître des hautes œuvres_), as he
was officially styled. (_Vide_ Appendix G.)
Public-domain text, read in full here on John Shaqi.
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