At an early date, in the heart of official Catholicism, an inconsistency
appeared which is less easily explained than homilies composed for
fishes or hymns for birds; namely, the strange business of animal
prosecutions. Without inquiring exactly what an animal is, it is easy to
bestow upon it either blessings or curses. The beautiful rite of the
blessing of the beasts which is still performed once a year in many
places involves no doctrinal crux. In Corsica the priest goes up to the
high mountain _plateaux_ where the animals pasture in the summer, and
after saying Mass in presence of all the four-footed family, he solemnly
blesses them and exhorts them to prosper and multiply. It is a
delightful scene, but it does not affect the conception of the moral
status of animals, nor would that conception be affected by a right-down
malediction or order to quit. What, however, can be thought of a regular
trial of inconvenient or offending animals in which great care is taken,
to keep up the appearance of fair-play to the defendants? Our first
impression is, that it must be an elaborate comedy; but a study of the
facts makes it impossible to accept this theory.
The earliest allusions to such trials that seem to exist belong to the
ninth century, which does not prove that they were the first of the
kind. One trial took place in 824 A.D. The Council of Worms decided in
866 that if a man has been killed by bees they ought to suffer death,
“but,” added the judgment, “it will be permissible to eat their honey.”
A relic of the same order of ideas lingers in the habit some people have
of shooting a horse which has caused a fatal accident, often the direct
consequence of bad riding or bad driving. The earlier beast trials of
which we have knowledge were conducted by laymen, the latter by
ecclesiastics, which suggests their origin in a folk-practice. A good,
characteristic instance began on September 5, 1370. The young son of a
Burgundian swineherd had been killed by three sows which seemed to have
feared an attack on one of their young ones. All members of the herd
were arrested as accomplices, which was a serious matter to their
owners, the inmates of a neighbouring convent, as the animals, if
convicted, would be burnt and their ashes buried. The prior pointed out
that three sows alone were guilty; surely the rest of the pigs ought to
be acquitted. Justice did not move quickly in those times; it was on
September 12, 1379, that the Duke of Burgundy delivered judgment; only
the three guilty sows and one young pig (what had _it_ done?) were to be
executed; the others were set at liberty “notwithstanding that they had
seen the death of the boy without defending him.” Were the original ones
all alive after nine years? If so, would so long a respite have been
granted them had no legal proceedings been instituted?
Public-domain text, read in full here on John Shaqi.
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