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
On the 5th of September, 1379, as two herds of swine, one belonging to the
commune and the other to the priory of Saint-Marcel-le-Jeussey, were
feeding together near that town, three sows of the communal herd, excited
and enraged by the squealing of one of the porklings, rushed upon Perrinot
Muet, the son of the swinekeeper, and before his father could come to his
rescue, threw him to the ground and so severely injured him that he died
soon afterwards. The three sows, after due process of law, were condemned
to death; and as both the herds had hastened to the scene of the murder
and by their cries and aggressive actions showed that they approved of the
assault, and were ready and even eager to become _participes criminis_,
they were arrested as accomplices and sentenced by the court to suffer the
same penalty. But the prior, Friar Humbert de Poutiers, not willing to
endure the loss of his swine, sent an humble petition to Philip the Bold,
then Duke of Burgundy, praying that both the herds, with the exception of
the three sows actually guilty of the murder, might receive a full and
free pardon. The duke lent a gracious ear to this supplication and ordered
that the punishment should be remitted and the swine released. (_Vide_
Appendix K.)
A peculiar custom is referred to in the _procès verbal_ of the prosecution
of a porker for infanticide, dated May 20, 1572. The murder was committed
within the jurisdiction of the monastery of Moyen-Montier, where the case
was tried and the accused sentenced to be “hanged and strangled on a
gibbet.” The prisoner was then bound with a cord and conducted to a cross
near the cemetery, where it was formally given over to an executioner from
Nancy. “From time immemorial,” we are told, “the justiciary of the Lord
Abbot of Moyen-Montier has been accustomed to consign to the provost of
Saint-Diez, near this cross, condemned criminals, wholly naked, that they
may be executed; but inasmuch as this pig is a brute beast, he has
delivered the same bound with a cord, without prejudicing or in any wise
impairing the right of the Lord Abbot to deliver condemned criminals
wholly naked.” The pig must not wear a rope unless the right to do without
it be expressly reserved, lest some human culprit, under similar
circumstances, should claim to be entitled to raiment.
“’Twill be recorded for a precedent;
And many an error, by the same example
Will rush into the state: it cannot be.”
Public-domain text, read in full here on John Shaqi.
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