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 the case of a mule condemned to be burned alive together with a man
guilty of buggery, at Montpellier, in 1565, as the quadruped was vicious
and inclined to kick (_vitiosus et calcitrosus_), the executioner cut off
its feet before consigning it to the flames. This mutilation was an
arbitrary and extra-judicial act, dictated solely by considerations of
personal convenience. Hangmen often indulged in capricious and
supererogatory cruelty in the exercise of their patibulary functions, and
mediæval as well as later writers on criminal jurisprudence repeatedly
complain of this evil and call for reform. Thus Damhouder, in his _Rerum
Criminalium Praxis_ (_cap. de carnifice_, p. 234), urges magistrates to be
more careful in selecting persons for this important office, and not to
choose evil-doers, “assiduous gamblers, public whoremongers, malicious
back-biters, impious blasphemers, assassins, thieves, murderers, robbers,
and other violators of the law as vindicators of justice.” Indeed, these
hardened wretches sometimes took the law into their own hands. For
example, on the 9th of June, 1576, at Schweinfurt in Franconia, a sow,
which had bitten off the ear and torn the hand of a carpenter’s child,
was given into custody, whereupon the hangman, without legal authority,
took it to the gallows-green (Schindrasen) and there “hanged it publicly
to the disgrace and detriment of the city.” For this impudent usurpation
of judiciary powers Jack Ketch was forced to flee and never dared return.
Hence arose the proverbial phrase Schweinfurter Sauhenker (Schweinfurt
sow-hangman), used to characterize a low and lawless ruffian and vile
fellow of the baser sort. It was not the mere killing of the sow, but the
execution without a judicial decision, the insult and contempt of the
magistracy and the judicatory by arrogating their functions, that excited
the public wrath and official indignation.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account