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
the oviduct and the consequent pain caused by the passage of the egg
(_Mémoires de l’Académie de Sciences._ Paris, 1710, pp. 553-60.)
A Greek physiologus of the twelfth century, written in verse, calls the
animal hatched from the egg of an old cock επτεινάρια, a name which would
imply some sort of winged creature. It was “sighted like the basilisk,”
and endowed also in other respects with the same fatal qualities.
In the case of a valuable animal, such as an ox or a horse, the severity
of retaliatory justice was often tempered by economical considerations and
the culprit confiscated, but not capitally punished. Thus as early as the
twelfth century it is expressly stated that “it is the law and custom in
Burgundy that if an ox or a horse commit one or several homicides, it
shall not be condemned to death, but shall be taken by the Seignior
within whose jurisdiction the deed was perpetrated or by his servitors and
be confiscated to him and shall be sold and appropriated to the profit of
the said Seignior; but if other beasts or Jews do it, they shall be hanged
by the hind feet” (Coustumes et Stilles de Bourgoigne, § 197 in Giraud:
_Essai sur l’Histoire du Droit Francais_, II. p. 302; quoted by Amira). It
was a cruel irony of the law that conferred upon pigs and Jews a perfect
equality of rights by sending them both to the scaffold.
Animals were put on a par with old crones in bearing their full share of
persecution during the witchcraft delusion. Pigs suffered most in this
respect, since they were assumed to be peculiarly attractive to devils,
and therefore particularly liable to diabolical possession, as is evident
from the legion that went out of the lunatic and were permitted, at their
own request, to enter into the Gadarene herd of swine. But Beelzebub did
not disdain to become incarnate in all sorts of creatures, such as cats,
dogs of high and low degree, wolves, night-birds and indeed in any beast,
especially if it chanced to be black. Goats, it is well known, were not a
too stinking habitation for him, and even to dwell in skunks he did not
despise. The perpetual smell of burning sulphur in his subterranean abode
may render him proof against any less suffocating form of stench. The
Bible represents Satan as going about as a roaring lion; and according to
the highest ecclesiastical authorities he has appeared visibly as a raven,
a porcupine, a toad and a gnat. Indeed, there is hardly a living creature
in which he has not deigned to disport himself from a blue-bottle to a
bishop, to say nothing of his “appearing invisibly at times” (_aliquando
invisibiliter apparens_), if we may believe what the learned polyhistor
Tritheim tells of his apparitions. As all animals were considered
embodiments of devils, it was perfectly logical and consistent that the
Prince of Darkness should reveal himself to mortal ken as a mongrel
epitome of many beasts--snake, cat, dog, pig, ape, buck and horse each
Public-domain text, read in full here on John Shaqi.
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