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
But although pigs appear to have been the principal culprits, especially
as regard infanticide, other quadrupeds were frequently called to answer
for similar crimes. Thus, in 1314, a bull belonging to a farmer in the
village of Moisy, escaped into the highway, where it attacked a man and
injured him so severely that he died a few hours afterwards. The ferocious
animal was seized and imprisoned by the officers of Charles, Count of
Valois, and after being tried and convicted was sentenced to be hanged.
This judgment of the court was confirmed by the Parliament of Paris and
the execution took place at Moisy-le-Temple on the common gallows. An
appeal based upon the incompetency of the court was then made by the
Procurator of the Order of the Hospital of the Ville de Moisy to the
Parliament of La Chandeleur, which decided that the bull had met with its
deserts and been justly put to death, but that the Count of Valois had no
jurisdiction on the territory of Moisy, and his officials no power to
institute proceedings in this case. The sentence was right in equity, but
judicially and technically wrong, and could not therefore serve as a
precedent.
There is also extant an order issued by the magistracy of Gisors in 1405,
commanding payment to be made to the carpenter who had erected the
scaffold on which an ox had been executed “for its demerits.” Again on the
16th of May, 1499, the judicial authorities of the Cistercian Abbey of
Beaupré near Beauvais condemned a red bull to be “executed until death
inclusively,” for having “killed with furiosity a lad of fourteen or
fifteen years of age, named Lucas Dupont,” who was employed in tending the
horned cattle of the farmer Jean Boullet. (_Vide_ Appendix Q.) In 1389,
the Carthusians of Dijon caused a horse to be condemned to death for
homicide; and as late as 1697 a mare was burned by the decision and decree
of the Parliament of Aix, which, it must be remembered, was not a
legislative body, but a supreme court of judicature, thus differing in its
functions from the States General, the only law-making and representative
assembly in France, that may be said to have corresponded in the slightest
degree to the modern conception of a parliament.
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