“In this case alone it is,” says Lord Shaftesbury, “we call any
creature worthy or virtuous, when it can have the notion of a public
interest, and can attain the speculation or science of what is morally
good or ill, admirable or blameable, right or wrong. For though we may
vulgarly call a horse _vicious_, yet we never say of a good one, nor
of any mere beast, idiot, or changeling, though ever so good-natured,
that he is _worthy_ or _virtuous_.
“So that if a creature be generous, kind, constant, compassionate, yet
if he cannot reflect on what he himself does, or sees others do, so as
to take notice of what is _worthy_ or _honest_; and make that notice
or conception of _worth_ and _honesty_ to be an object of his
affection, he has not the character of being virtuous; for thus, and
no otherwise, he is capable of having a sense of right and wrong; a
sentiment or judgement of what is done through just, equal and good
affection, or the contrary.”
The Jews upon this subject agree with the common and natural opinion;
and the Talmud accordingly, when any mischief has been done by an
animal, distinguishes between an innocent beast and a vicious one, the
owner of an innocent one being required to pay only half the amount of
an injury thus, as it was deemed, casually incurred. There have been
cases in which the laws have considered a beast as guilty of a crime,
and amenable therefore to penal justice. In the year 1403 Simon de
Baudemont, Lieutenant at Meulont of Jhean Lord of Maintenon the
Bailiff of Mantes and Meulont, signed an attestation making known the
expences, which had been incurred in order to execute justice on a Sow
that had eaten a child. “For expences with the jail the charge was six
_sols_. Item, to the executioner who came from Paris to Meulont to put
the sentence in execution by the command of our Lord the Bailiff and
of the king's Attorney, 54 _sols_. Item, for the carriage that
conveyed her to execution, 6 _sols_. Item, for ropes to tie and haul
her up, 2 _sols_, 8 _deniers_. Item, for gloves 12 _deniers_;
amounting in the whole to 69 _sols_, 8 _deniers_.” It must be supposed
the Executioner insisted upon the gloves, as a point of honour, that
no one might reproach him with having sullied his hands by performing
upon such a subject.
Public-domain text, read in full here on John Shaqi.
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