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
Nothing would be easier than to multiply examples of this kind.
Infanticidal swine were hanged in 1419 at Labergement-le-Duc, in 1420 at
Brochon, in 1435 at Trochères, and in 1490 at Abbeville; the
last-mentioned execution took place “under the auspices of the aldermanity
and with the tolling of the bells.” It was evidently regarded as a very
solemn affair. The records of mediæval courts, the chronicles of mediæval
cloisters, and the archives of mediæval cities, especially such as were
under episcopal sovereignty and governed by ecclesiastical law, are full
of such cases. The capital punishment of a dumb animal for its crimes
seems to us so irrational and absurd, that we can hardly believe that sane
and sober men were ever guilty of such folly; yet the idea was quite
familiar to our ancestors even in Shakespeare’s day, in the brilliant
Elizabethan age of English literature, as is evident from a passage in
Gratiano’s invective against Shylock:
“thy currish spirit
Govern’d a wolf, who, hang’d for human slaughter,
Even from the gallows did his fell soul fleet,
And, whilst thou lay’st in thy unhallow’d dam,
Infus’d itself in thee; for thy desires
Are wolfish, bloody, starv’d, and ravenous.”
That such cases usually came under the jurisdiction of monasteries and
so-called spiritualities and were tried by their peculiarly organized
tribunals, will not seem strange, when we remember that these religious
establishments were great landed proprietors and at one time owned nearly
one-third of all real estate in France. The frequency with which pigs were
brought to trial and adjudged to death, was owing, in a great measure, to
the freedom with which they were permitted to run about the streets and to
their immense number. The fact that they were under the special protection
of St. Anthony of Padua conferred upon them a certain immunity, so that
they became a serious nuisance, not only endangering the lives of
children, but also generating and disseminating diseases. It is recorded
that in 1131, as the Crown Prince Philippe, son of Louis the Gross, was
riding through one of the principal streets of Paris, a boar, belonging to
an abbot, ran violently between the legs of his horse, so that the prince
fell to the ground and was killed. In some cities, like Grenoble in the
sixteenth century, the authorities treated them very much as we do mad
dogs, empowering the carnifex to seize and slay them whenever found at
large. On Nov. 20, 1664, the municipality of Naples passed an ordinance
that the pigs, which frequented the streets and piazzas to the detriment
and danger of the inhabitants, should be removed from the city to a wood
or other uninhabited place or be slaughtered within twelve days on pain
of the penalties already prescribed and threatened, probably in the order
issued on Nov. 3, of the same year. It would seem, however, that these
ordinances did not produce the desired effect, or soon fell into abeyance,
Public-domain text, read in full here on John Shaqi.
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