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fish. \ — — between retributive and pre- — — — — — — — — — — — CHAPTER I BUGS AND BEASTS BEFORE THE LAW Criminal prosecution of rats — Chassende appointed to defend — Report of the — Chassenee employed as counsel in other cases of this kind — His dissertation on the subject — Nature of his argument — Authorities and precedents — The withering of the at Bethany justified and explained by Dr. Welsh. and swallows. and flies — . Trench — Eels and bloodthem trial fig-tree suckers in Lake Leman cursed by the Bishop of Lausanne with the approval of Heidelberg theologians White bread turned black.— CONTENTS INTRODUCTION Sources —Amira's distinction ventive processes Addosio's incorrect designation of the Inconsistent attitude of the Church latter as civil suits Causal relation of crime in excommunicating animals Squatter sovereignty of devils to demoniacal possession —Aura corrumpens Diabolical infestation and lack of ventilation " Bewitched kine "—Greek furies and Christian demons Homicidal bees. and old German laws Animal prosecutions and witchcraft The Mosaic code Pagan deities as demons Bom in Christian courts malefactors among beasts The theory of punishment in modem criminology p. laying cocks and crowing hens Theory of the personification of animals Beasts in Frankish.

. etc. Recent instances of demoniacal possession Hoppe's psychological explanation of them Charcot on faith-cures Why not the duty of the Catholic Church to inculcate kindness to animals Zoolatry a form of demonolatry Gnats especially dangerous devils Bodelschwingh's discover). Pirminius expels reptiles Vermifugal efficacy of St.of the bacillus infemalis Gaspard Bailly's disquisition with specimens of plaints. Eldrad and the snakes Views of Thomas Aquinas Distinction between excommunication and anathema " Sweet beasts and stenchy beasts '' Animals as incarnations of devils Their diabolical character assumed in papal formula for blessing water to kill vermin Amusing treatise by Pere Bougeant on this subject All animals animated by devils. and all pagans and unbaptized persons possessed with them Demons the real causes of diseases Father Lohbauer's prescription in such cases Formula of exorcism issued by Leo XIII. Jean-de-Maurienne extending over more than eight months Untenableness of Menebrea's theory Summary of the pleadings Futile attempts at compromise Final decision doubtful St.— vi Contents destroyed by anathema St. and not entitled to benefit of clergy Methods of procedure Jurisdiction of the courts Records ot judicial proceedings against insects Important trial of weevils at St.'Vyrault protests against such proceedings Hemmerlein's treatise on exorcisms Criminal prosecution of field-mice Vermin excommimicated by the Bishop of Lausanne Protocol of Conjurers of judicial proceedings against caterpillars cabbage-worms Swallows proscribed by a Protestant parson Custom of writing letters of advice to rats Writs of ejectment served on them RhjTiiing rats in Ireland Ancient usage mentioned by Kassianos Bassos Capital punishment of larger quadrupeds List of Berriat-Saint-Prix's Reports and Researches culprits Beasts burned and buried alive and put to the rack Swine executed for infanticide Baill/s bill of expenses An ox decapitated for its demerits Punishment of buggery Cohabitation of a Christian with a Jewess declared to be sodomy Trial of a sow and six sucklings for murder Bull sent to the gallows for killing a lad A horse condemned to death for homicide — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — . Magnus' crosier Papal execratories Animals regarded by the law as lay persons. pleas.

i8 CHAPTER II MEDIEVAL AND MODERN PENOLOGY Recent change in the spirit of criminal jurisprudence Medieval tribunals cut with the executioner's sword the intricate knots which the modern criminalist essays to untie Phlebotomy a panacea in medicine and law Restless ghosts of criminals who died unpunished Execution of vampires and were-wolves Case of a werewolf who devoured little children " even on Friday —Pope Stephen VI. of talion and decrees of corruption of blood Examples in ancient and modern legislation Cicero approves of such penalties for political offences Survival of this conception of justice in theology— Constitutio Criminalis Carolina Lombroso opposed to trial by jury as a relic of barbarism Corruption of Swiss cantonal courts Deodand in English law Applications of it in Maryland and in Scotland Blackstone's theory of it untenable Penalties inflicted for suicide Ancient legislation on this subject Legalization of suicide Abolition of — — — — — — — — — — — — — — deodands in England p.— — " Contents vii —A cock burned at the stake for the unnatural crime of laying an egg-— Lapeyronie's investigation of the subject — Racine's satire on such prosecutions in Les Plaideursj Lex talionis — Tit for the law of the primitive man and the savage — The application of this iron rule in Hebrew legislation — Flesh of a culprit pig not to be tat eaten^ Recent — Athenian laws for punishing inanimate objects execution of idols in China — Russian bell sentenced to perpetual exile in Siberia for abetting insurrection Pillory for dogs in Vienna Treatment prescribed for mad dogs in the Avesta Cruelty of laws. brings the corpse of his predecessor to trial Mediaeval and modem conceptions of culpability—Problems of psycho-pathological jurisprudence Degrees of mental vitiation Italians pioneers in the — — — study of criminality Effects of these speculations upon legislation Barbarity of mediaeval penal justice Gradual abolition of judicial torture Cruel sentence pronounced by Carlo Borromeo " Blue Laws " scientific — — — — — — .

— 1 viii Contents a great advance on contemporary English penal codes Moral and penal responsibility Atavism and criminality Physical abnormities Capacity and symmetry of the skull Circumvolutions of the brain Tattooing not a peculiarity of criminals. Scindicorum Communitatis Sancti JuUiani contra Animalia Bruta ad formam muscartun volantia coloris viridis communi voce appellata Verpillions seu Amblevins /• 259 B. and Judgment in the process against field-mice at Stelvio in 15 19 p. issued at Dresden in 1559 p. and Citation of the Inger by the Priest Bemhard Schmid in the name and by the authority of the Bishop of Lausanne in 1478 p. but simply an indication of low aesthetic sense Theories of the origin and nature of crime Intelligence not always to be measured by the size of the encephalon Remarkable exceptions in Ganibetta..193 APPENDIX A. Decree of Augustus.. 287 Actis De agentium C. Admonition. 309 E. Allegation. 31 . — Criminology now in a period of transition ^. p. 307 D. Bischoff and Ugo Foscolo Advanced criminalists justly dissatisfied with the penal codes of to-day Measures proposed by Lombroso and his school Their conclusions not sustained by facts Crime through hypnotic suggestion Difficulty of de- — — — — — — — — — — — fining insanity Predestination — Coleridge's — definition too lower animals Schopenhauer's doctrine of responsibility for character Remarkable trial of a Swiss toxicomaniac. Marie Jeanneret " Method in Madness " not uncommon Social safety the supreme law Application of this — and evolution Criminality among the Punishment preventive or retributive — inclusive — — principle to " Cranks " strong in such classes — Spirit of imitation peculiarly — Contagiousness of crime . Replication. Bichat. Denunciation. Duke of Saxony and Elector.. Traite des Monitoires avec un Plaidoyer contre les Insectes par Spectable Gaspard Bailly . commending the action of Parson Greysser in putting the sparrows under ban..

. which had killed and murdered a child in the parish of Roumaygne p. 338 J. and certifying to the expenses incurred in executing a sow that had devoured a small child p. acknowledging the payment of nineteen sous and six deniers tournois for food furnished to sundry men and to one pig kept in the said prisons on .Contents F. dated October 16.p. .'h^^ M. made by order of the said ba'iliff and the king's proctor. dated September 24. 346 . . 1386.. 1408. Sentence pronounced by the Judge of Savigny in January.. 313 G.. . Attestation of Symon de Baudemont. nearly a month later on the six pigs of the said sow for complicity in her crime p. Lieutenant of the Bailiff of Nantes and Meullant. 1457. 1403. on March 15. Chronological ix List of Excommunications and Prosecutions of Animals from the ninth to the nineteenth century p. dated January 9.. condemning to death an infanticidal Also the sentence of confiscation pronounced sow. jailer of the royal prisons in the town of Pont de Larche. in which Jehan Micton acknowledges that he received the sum of fifty sous toumois from Thomas de Juvigney.. and also ten sous toumois for a new glove /• 335 H. for having hanged a pig. Receipt. and signed by Toustain Pincheon.. 1394. 336 I. which had been condemned to suffer the extreme penalty of the law as accomplices in an infanticide committed by three sows 342 K. 1606. charge of crime . Receipt.. Letters A L. on September 12. condemning Guillaume Guyart to be hanged and burned together with a bitch P. Viscount of Mortaing. 340 Patent. Duke of Burgundy. in which the hangman of Falaise acknowledges to have been paid by the Viscount of Falaise ten sous and ten deniers toumois for the execution of an infanticidal sow. and pardoned two herds of swine. by which Philip the Bold. 1379. granted the petition of the Friar Humbert de Poutiers.. Sentence pronounced by the Mayor of Loens de Chartres on the 1 2th of September.. Receipt. Prior of the town of Saint-Marcel-lez-Jussey.

May 16. 358 R. Scene from Racine's comedy Les Plaideurs. a young man of fourteen or fifteen years of age p. and forbidding the inhabitants of the said seignioralty to let such beasts run at large on penalty of an arbitrary fine . June 14.. July p. March 27. near Chartres. 1494. 1567.. 1499. 362 Bibliography Index /. 1621 woman at Machem near Leipsic. 360 Record of the decision of the Law Faculty of the University of Leipsic condemning a cow to death for having killed a 20. dog S. because the child was their fosterling A 352 O. In this case the owners of the pig were fined eighteen francs for negligence. Sentence pronounced. Sentence of death pronounced upon a bull. p. 37^ . April i8. Sentence Contents pronounced. in the Commune of S^ves. Martin de Laon. by the Grand Mayor of the church and monastery of St. in a criminal prosecution instituted before the Bailiff of the Abbey of Josaphat. condemning a pig to be hanged and strangled for infanticide committed on the fee-farm of Clermontlez-Montcomet p. for furiously killing Lucas Dupont. 354 Sentence pronounced. against a pig condemned to be hanged for having killed an infant. 1499.X N. 356 Q. condemning a sow with a black snout to be hanged for her cruelty and ferocity in murdering a girl of four months. is tried and condemned to the galleys for stealing a capon p. by the Bailiff of the Abbey of Beauprd. 361 p. by the Royal Notary and Proctor of the Bailiwick Jind Bench of the Court of Judicatory of Senlis. in which a P.

but in none of these works." and " Modern and Mediaeval Punishment. for which the writer was indebted chiefly to the . in August and September 1884." which appeared in The Atlantic Monthly.THE CRIMINAL PROSECUTION AND CAPITAL PUNISHMENT OF ANIMALS INTRODUCTION The present volume and expansion of is the result of the revision entitled " two essays Bugs and Beasts before the Law. 1891). Since that date the author has collected a vast amount of additional material on the subject. which has also been discussed by other writers in several publications. Carlo d'Addosio's Bestie Delinquenti (Napoli. 1893). the most noteworthy of which are Professor Karl von Amira's Thierstrafen und Thierprocesse (Innsbruck. and G. except the firstmentioned. are there any important statements of facts or citations of cases in addition to those adduced in the essays already mentioned. Tobler's Thierprocesse in der Schweis (Bern. 1892).

for by secular tribunals upon pigs. Animals. like any other members of his household it was. . and thus make them. instituted by ecclesiastical courts against mice. and to expel them from orchards. a sharp line of technical distinction between Thierstrafen and Thierpro- the former were capital punishments in- flicted horses. could be arrested. not necessary to summon them to appear in court at a specified time to answer for their conduct. . and of Bartholomew Chassenee. convicted and executed. Professor Von Amira is a very distinguished and remarkably keen-sighted jurisprudent and the Consilium Primum treats the matter exclusively from a jurispru- main object being to some general principle on which to explain these strange phenomena. and other vermin in order to prevent them from devouring the crops. cows. M^nebrea. homicide the latter were judicial proceedings rats.2 The Criminal Prosecution and extensive and exceedingly valuable researches of Berriat-Saint-Prix and M. therefore. vineyards. which were in the service of man. his discover significance in the historical evolution of the idea of justice and the methods of attaining it by legal procedure. tried. and culti- vated fields by means of exorcism and excommunication. cited in the appended bibliography. L. weevils. locusts. and thus to assign to them their proper place and true dential point of view. Von Amira draws cesse . and other domestic animals as a penalty .

as was the case with the plague of locusts at Rome in 880. The only feasible method of staying the ravages of these swarms of noxious " metaphysical aid " and to expel or exterminate them by sacerdotal conjuring and cursing. recourse was had to exorcisms and besprinklings with holy water. on the other hand.Capital Punishment of Animals 3 in the strict sense of the term. Indeed. a party to the prosecution. which were not subject to human control and could not be seized and imprisoned by the civil authorities. creatures was to resort to . but all efforts in this direction proving futile. on account of the rapidity with which they propagated. when a reward was offered for their extermination. the attempt was sometimes made to get rid of them by setting a price on their heads. proves that this summary manner of dealing would have been applied to the whole of them. The fact that it was customary to catch several specimens of the culprits and bring them before the seat of justice. for the sheriff had already taken to them in charge and consigned them the custody of the jailer. Insects and rodents. had it been possible to do so. tion of the demanded the intervenChurch and the exercise of its superfrom their devastations and to places devoted to the production natural functions for the purpose of compelling them retire to desist from all of human sustenance. and there solemnly put them to death while the anathema was being pronounced.

and threatened. the harmless explosion of a blank occult virtue. smitten with the anathema maranatha and devoted to utter destruction. charms. then warned. and. admonished. since these actions were not suits to recover for damages or to property. The judicial process was preliminary to the utterance of the malediction and essential to its efficacy. The Church was not wholly consistent in its explanations of these phenomena. exorcisms. who were and other magical hocus-pocus. the term. per the . and those instituted against insects and vermin for injury done to the fruits of the field as civil suits (processi civili) but the latter designation is not correct in any proper sense of . In general swarms of devouring insects and other noxious vermin are assumed to have been sent at the instigation of Satan (instigante sathana. and. the any formality would vitiate the whole procedure. by breaking the spell. Before fulminating an excommunication the whole machinery of justice was put in motion in order to establish the guilt of the accused.4 The Criminal Prosecution and D'Addosio speaks of the actions brought against domestic animals for homicide as penal prosecutions. As with all bans. of omission deprive the imprecation or interdiction of its Ecclesiastical thunder would thus be robbed of its fatal bolt and reduced to mere empty noise. incantations. in cases of obduracy. but had solely a preventive prohibitive character. cartridge.

on the other hand. way propitiations necessary to produce this result. of the Almighty from for the punishment of sinful effort man . after they had fulfilled their mission. to the It inhabitants. the only proper and per- was through the offices whose bishops and other clergy were empowered to perform the adjurations and maledictions or to prescribe the penances and missible of relief of the Church. where they might live in comfort without injury . If the insects were instruments of the devil. whether they were the emissaries of a wicked demon or of a wrathful Deity. it would be suitable. divinely delegated to scourge mankind for the promotion of piety. The records contain in- stances of both kinds of treatment. and are denounced and deprecated as snares of the devil and his satellites {diaboli et ministrorum insidias) again they are treated as creatures of God and agents . where they would all miserably perish if. they were recognized as the ministers of God. they might be driven into the sea or banished to some arid region. an impious attempt to war upon the Supreme Being and to withstand His designs. to cause them to withdraw from the cultivated fields and to assign them a spot. this latter point of view every to exterminate them by natural means would be regarded as a sort of sacrilege. In either case.Capital Punishment of Animals 5 maleficium diabolicum). was also as a protection against evil spirits that the penalty of death was inflicted upon .

were devils in disguise but the homicide. is sure to be infested by demons. In a little volume entitled Die Verivaltung des Exorcistats nach Massgabe der romischen Benediktionale. and that the inmates of a house or other building erected upon such a site will be peculiarly liable to diabolical possession. more pure and pious they are. it is expressly stated by the reverend author. and is still taught by the Catholic Church. supposed of devils. Theobald Bischofberger. as well as creeping things.6 The Criminal Prosecution and domestic animals. homicidal pig or bull was not necessarily assumed to be the incarnation of it A a demon. Not only human beings. but also all cattle after their kind. was maintained by eminent in as we have shown the present work. that a spot. This belief was prevalent in the Middle Ages. Dr. the greater be the efforts of the demons to enter into and annoy them. however innocent they may be personally. and even the the will fowls of the barnyard are subject to infernal . although authorities. of which a revised and enlarged edition was session of both persons published at Stuttgart in 1893 for the use of priests as a manual of instruction in performing exorcisms. where a murder or other heinous crime has been committed. if it were permitted to go unpunished. if the said crime remains undetected or unexpiated. was . to furnish occasion for the intervention who were thereby enabled to take pos- and places. Indeed. that all beasts and birds.

and. but it is far more difficult to ascertain whether the infernal powers have any claims upon it. other- wise he may have to suffer more from a demoniac lien than from a dead pledge or any other form Information concerning of obligation in law. 7 The infestation thus pro- duced may continue the property for centuries.Capital Punishment of Animals vexations of this sort." but also. Bischofberger goes so far dotal authority. It is thus shown that " godliness is profitable " not only " unto all things. who exercise there the right of squatter sovereignty and can be expelled only by sacerDr. although pass by purchase or inheritance into other hands and be held successively by any number of rightful owners. the demons remain in possession unaffected by legal conveyances. Our author does not hesitate to assert that houses which have been the abodes of pious people from time immemorial ought to have a higher market value than the habitations of notoriously wicked families. the latter can be obtained at the registry of deeds. If each proprietor imagines he has an exclusive title to the estate. he reckons without the host may of devils. as to affirm that it behoves the purchaser of a piece of land to make sure that it is unen- cumbered by devils as well as by debts. since this knowledge can be derived only inferentially and indirectly from inquiries into the character of the proprietors for tions many genera- and must always rest upon presumptive evidence rather than positive proof. .

fenmity with all supernatural explanations df natural phenomena. and find relief by simply opening the windows instead of calling in a priest with aspergills. would seek the source of such sensations in an aura corrumpens arising from the lack of proper ventilation. and are found in the morning weak and exhausted and covered with sweat. and censers. The result is that a short time after the stalls are closed for the night the cattle get excited and begin to fret and fume and stamp. which is at in a tremble. slightly dizzy and all The carnal mind. and henedictiones locoruni." European peasants often confine their cattle in stalls so small and low that the beasts have not sufficient air to breathe. Before performing the ceremony of conjuration. unto some things besides. so that sensitive persons cannot enter such a domicile without getting nervously excited. which the apostle Paul in his admonitions to his "son Timothy" diabolical never infesta- dreamed of. and calls in an exorcist. which it often retains for a long time after the demons have been cast out. We are also cofTumpens resulting from tion told that the aura imparts to the dwelling a peculiar taint. illustration of this truth We in have a striking frequent cases the of " bewitched kine. who proceeds to expel the evil spirits.8 The Criminal Prosecution and as mediccval writers were wont to say. he opens the doors and windows . The peasant attributes these phenomena to witchcraft.

the demons would not enter into the cattle. but to the absence in of proper finally. and this declaration of impurity implied a liability to diabolical possession on the part of those who." It was the same horror of aiding and mythology. tried in vain to convince the peasants that the trouble was due. A German veter- inarian. " transgressed in the thing accursed. Worms . otherwise the entire contents of the hive would become demoniacally tainted and thus rendered unfit for use as food. would arouse the furies and bring pestilence upon the land the mediaeval Church taught the same doctrine. which had caused the death of a human being by stinging him. who reports several instances of this kind. told them that if the windows left open so that the witches could go in and out freely. whether committed by a man. unless properly expiated. of Christian theology for the furies of classical As early as 864. the Council of decreed that bees. it was declared to be unclean. This advice was followed and the malign influence ceased. not to sorcery. should be forthwith suffocated in the hive before they could make any more honey.Capital Punishment of Animals 9 quite and the admission of fresh air makes it easy to cast out the demons. The ancient Greeks held that a murder. and only substituted the demons . and accomplishing his purpose any other way. a beast. or an were inanimate object. like Achan. in despair of sanatory conditions.

en- deavours to explain these judicial proceedings on the theory of the personification of animals. he concludes that it is only by an act of personification that the brute can be placed in the same category as man and become subject to the same penalties. to use the old legal capitularies all beasts of : phraseology. to be summarily put it was only by such expiation that be averted. was thus invested with human . since of crowing. could A Swiss jurist. 139-149). p." or a hen. In support of this view he refers to the fact that in ancient and mediaeval times domestic animals were regarded as members of the household and entitled to the same legal protection as human vassals.lo The Criminal Prosecution and their demons and enabling them to extend power over mankind that caused a cock. which was suspected of having laid the so-called abetting " basilisk-egg. Eduard Osenbriiggen (Studien sur deutschen und schnueizerischen Rechtsges- the evil chichte. Schafifhausen. In the Prankish . The weregild extended to them as it did to women and serfs under cover of the man as master of the house and lord of the manor. As only a human being can commit crime and thus render himself liable to punishment. addicted to the ominous habit to death. The beste covert. burden or so-called juments were included in the king's ban and enjoyed the peace guaranteed by royal authority Ut jumenta pacem hahent similiter per bannum regis. 1868.

as applied to animals and inanimate objects.1 Capital Punishment of Animals rights 1 and inferentially endowed with human to old Welsh law atonement was made for killing a cat or dog belonging to another person by suspending the animal by the tail so that its nozzle touched the ground. unquestionably played an important part in primitive legislation. carrying on his arm a dog. and there- . is a far-fetched and wholly fanciful explanation. in the absence of human testimony. nor does it throw the faintest light upon the origin and purpose of such proceedings. and then pouring wheat over it until its body was entirely covered. suspected of laying an egg in violation of its nature. Symbolism and personification. as. the unfortunate fowl. Old Germanic law also recognized the competency of these animals as witnesses in certain cases. Osenbriiggen's statement that the cock condemned to be burned at Bale was personified as a heretic (Ketzer) and responsibiHties. was feared as an abnormal. the householder was permitted to appear before the court and make complaint. According therefore sentenced to the stake. cat or cock. inauspicious. As we have already seen. for example. and holding in his hand three straws taken from the roof as symbols of the house. when burglary had been committed by night. but this principle does not account for the excommunication and anathematization of noxious vermin or for the criminal prosecution and capital punishment of homicidal beasts.

which has left such a tragical record of itself in the incredibly absurd and atrocious annals of witchcraft. genetically connected with the Hebrew cult and had therefore an essentially religious character. it was. which fore diabolic creature was supposed to issue from this egg when hatched. had its origin in the as the peer of Wycliffe or of superstition of the age. The same ancient code that condemned a homicidal ox to be stoned. and although the Jewish lawgiver may have regarded the former enactment chiefly as a police regulation designed to protect persons against unruly cattle. Prosecution and the fatal cockatrice. and the use v-hich might be made of its contents for promoting intercourse with evil caused such a dangerous purveyor to no member of the thought of consigning spirits. cock to be dreaded as a His Satanic Majesty. The judicial prosecution of animals. but Kohlenberg Court ever Chanticleer to the flames Huss in heresy. It was these two paragraphs of the Mosaic law that Christian tribunals in the Middle Ages were wont to adduce as their authority for prosecuting and punishing both classes of delinquents. declared that a witch should not be suffered to live. like the decree of death against witches. although in the application of them they were undoubtedly incited by motives and influenced by fears wholly foreign to the mind of the common .12 The Criminal . resulting in their excommunication by the Church or their execution by the hangman.

which could be averted or repelled only by the benedictions. degraded and demonized the ancestral deities of the proselytes.Capital Punishment of Animals Levitical legislator. served also to enlarge the realm of the Prince of Darkness and to increase the number of his subjects and satellites. haunting dells and mountain streams by day. Thus missionary zeal and success. while saving human souls from endless perdition. necessarily deposed. exorcisms or anathemas of the Church. The ecclesiastical authorities were therefore directly interested in encouraging this superstitious belief as one of the chief sources of their power. The propagation of the new and aggressive faith among the Greeks and Romans. approaching human habitations by night and waiting for opportunities to lure him back to the old worship or to take vengeance upon him for his recreancy. and it was for this reason that diabolical agencies were assumed to be at work in every maleficent force of nature and to be incarnate in every noxious . 13 The extension of Christi- anity beyond the boundaries of Judaism and the conversion of Gentile nations led to its gradual but radrcal transformation. Every untoward event furnished an occasion for their intervention. and especially among the Indo-Germanic tribes of Northern Europe. The new convert saw them with his mind's eye about in skulking forest obscure places. who were taught henceforth to abjure the gods of their fathers and to denounce them as devils.

would seem to obscure and even to obliterate the line of distinction between man and beast. sociological and psychiaterical investigations. this docrine is held and this pursued by the bishops and other clergy of the Roman CaFholic Church. Heinrich Reusch. published by Jesuits at Innsbruck in the Tyrol. but approved by the prelates and the pope. Die deiitschen Bischofe und der Aherglauhe : Eine Denkschrift von Dr. According nati fra to Lombroso animali. based upon anthropological. Fr. see such periodicals as Monat-Rosen zu Ehren der Unbefleckten Gottes-Mutter Maria and Der Sendbote des gottlichen Herzens Jcsu. consult.14 The Criminal That still Prosecution and still creature. so far as their capacity for committing crime and their moral responsibility for their misdeeds are concerned. no one familiar with the literature of the subject can deny. For specimens of the policy literature condemned by the German professor. who vigorously protests against the countenance given by the bishops to the crassest superstitions. Professor of Theology in the University of Bonn. violating with perversity and premeditation the laws of the society in . wilfully there are i delinquenti gli beasts criminals and and which are born wantonly injure others of their kind. for example. Besides the manuals and rituals already cited. It is a curious fact that the most recent and most radical theories of juridical punishment.

but although he might admit that the beast perpetrated the deed with malice aforethought and with the clear consciousness of wrong-doing. a Belgian jurist of the sixteenth century. so far as they have been determined. is still in an inchoate state and very far from having worked out a satisfactory . It must be remembered. as bestia laedens ex interna malitia. that eagerly demands blood for blood without the slightest consideration of the anatomical. Thus the modern criminologist recognizes the existence of the kind of malefactor characterized by Jocodus Damhouder. he would never think of bringing such a creature to trial or of applying to it the which they This example change which the theory of punishment has undergone in recent times and the far-reaching influence which it is beginning In the second to exert upon penal legislation. based upon more enlightened conceptions of human act depends. that. illustrates the radical to this important revolution in the province of criminology.Capital Punishment of Animals 15 live. discussing as concisely as possible its essential features and indicating its general scope and practical tendencies. part of the present work the writer calls attention principle of retributive justice. responsibility. however. although the savage spirit of revenge. physiological or psychological con- ditions upon which the commission of the specific has ceased to be the controlling factor in the enactment and execution of penal codes. the new system of jurisprudence.

1562) contains at the beginning of each section an engraving representing the perpetration of the crimes about to be discussed. together with a complete list of prosecutions and excommunica- . It has been frequently and quite fully described by different writers. but a reconstruction of reproduction of the it according to these descriptions. This curious painting no longer exists.1 6 The Criminal Prosecution and solution of the intricate problem of the origin and nature of crime and its proper penalty. and the frontispiece of the is original picture. 1872). an infanticidal sow was executed in the old Norman city of Falaise. The most important documents. so far as can be ascertained. and. of which all the illustrations are more or full account of the trial less fancy sketches. it is reproduced facing page 161 of the present work. It is taken from Arthur Mangin's L'Homme et la Bete (Paris. are given in the Appendix. from which our knowledge of these judicial proceedings is derived. and the scene was Church represented in fresco on the west wall of the of the Holy Trinity in that city. That at the head of the chapter entitled " De Damno Pecunot a present volume A ario " is a lively picture of the injuries done by animals and rendering them liable to criminal process. In 1386. The iconographic edition of Jocodus Damhouder's Praxis Rerum Criminalium (Antverpiae. has never been engraved. and execution is given in the present volume.

Jorgensen's Nogle Frugter af mit Otium (Kopenhagen. In conclusion the author desires to express his sincere thanks to Dr. pp. pp. 1891. PP* 216-23). The bibhography. 1834. so far as 17 we have been able to discover any record of them. Cretella's " Gli Animali sotto Process©. which are merely a rehash of other publications. Articles and essays." in Fanfulla della Domenica (Florence. comprises the principal works on the subject.und Staatsbibliothek. and Soldan's " La Personification des Animaux in Helvetia. 1830. Such. which is a mere restatement of Osenbriiggen's theory. 4-17). LXV. as well as to for their the other custodians of that library." in Miscellen aus der neuesten ausldndischen Literatur (Jena. 65)." in Monatsschrift der Studentenverbindung Helvetia (VII. it has not been deemed necessary to mention. Laubmann. uniform kindness and courtesy in placing at his disposal the printed and manuscript treasures committed to their keeping. . No. although making no claim to be exhaustive. are " Criminalprocesse gegen Thiere.Capital Punishment of Animals tions during the past ten centuries. for example. 152-55). all three based upon the archival researches of Berriat-Saint-Prix and M^nabrea. Director of the Munich Hof.

1 8 The Criminal Prosecution and CHAPTER I BUGS AND BEASTS BEFORE THE LAW It is said that Bartholomew Chassenee. which had been put on trial before the ecclesiastical court of Autun on the charge of having feloniously eaten up and wantonly destroyed the On complaint barley-crop of that province. Chassenee was forced to employ legal shifts and chicane. the official or bishop's vicar. formally presented by the magistracy. In view of the bad repute and notorious guilt of his clients. and even as late as the end of the eighteenth century. cited the culprits to appear on a certain day and appointed Chassen^e to defend them. all sorts of pleas * The name is also spelled Chassanee and Chasseneux. dilatory and other technical objections. made his reputation at the bar as counsel for some rats. who exercised jurisdiction in such cases. hoping thereby to find some loophole in the meshes of the law through which the accused might escape. In the Middle Ages.^ a distinguished French jurist of the sixteenth century (born at Issy-l'Eveque in 1480). the orthography of proper names was very uncertain. .

On this point Chassenee addressed the court at some length. insufficient to them all . to which he cannot come with safety. who watched all their movements. in obtaining a second citation. The point was argued as seriously as though it were a question of family feud between Capulet and Montague in Verona or Colonna and Orsini in Rome. he may exercise the right of appeal and refuse to obey the writ. therefore. inasmuch as the defendants were dispersed over a large notify tract of country and dwelt in numerous villages. lay in wait for them at every corner and passage. even though such appeal be expressly precluded in the summons. owing to the unwearied vigilance of their mortal enemies. to be published from the pulpits of all the parishes inhabited by the said rats. the cats. in the first place. that the judge. and. he excused the default or non-appearance of his clients on the ground of the length and difficulty of the journey and the serious perils which attended it. At a later period of his life Chassenee was reminded of the legal principle thus laid down and urged to apply it in favour of clients more . a single summons was he succeeded. At the expiration of the considerable time which elapsed before this order could be carried into effect and the proclamation be duly made.Capital Punishment of Animals 19 or at least to defer and mitigate the sentence of He urged. with fell intent. in order to show that if a person be cited to appear at a place.

] In the report of the published in the Themis I. . President . Jurisconsulte for 1820 (Tome pp.) by Berriat Saint-Prix. so that they might be surrounded by all the safe- guards of justice. protection than a horde of vagrant In 1540 he was president of the judicial assembly known as the Parliament of Provence on a memorable occasion when the iniquitous measure for the extirpation of heresy by exterminating the Waldenses in the villages of Cabri^res and Merindol was under discussion. Chassenee thereupon obtained a decree from the king commanding that the accused Waldenses should be heard but his death. One of the members of the tribunal. : {•vide Bibliography). . 194 sqq. ventured to suggest to the presiding officer that it would be extremely unjust to condemn these unfortunate heretics without granting them a hearing and permitting an advocate to speak in their defence. [Cf Desnoyers RechercheSy etc. p. Renaud d'Alleins.20 The Criminal its Prosecution and worthy of rodents. trial 18. changed the state of affairs and prevented whatever good effects might have been produced by this simple act of justice. a gentleman from Aries. which occurred very soon afterwards. on the authority of the celebrated Jacques Auguste De Thou. adding that the eminent jurist had formerly insisted upon this right before the court of Autun and maintained that even animals should not be adjudged and sentenced without having a proper person appointed to plead their cause.

once the seat of an ecclesiastical tribunal. The whole subject. . has been treated by him exhaustively in a book entitled Consilium frimum. was originally published in 1531. But whatever the judicial decision may have been. wills. dowries. quod tractatus jure did potest. The edition referred to in the present work is the first reprint of 1581. Chassen^e is said to have been employed in but no records of them seem to have been preserved. although it is possible that they may lie buried in the dusty archives of some obscure provincial town in France. the legal learning which he brought to bear upon the case. entail. lenter et accurate tractatur quaestio ilia: De excommunicatione animalium insectorum. contracts. propter multiplicetn et reconditam doctrinam. however. loans. and again in 1588. and the eloquence of his plea enlisted the public interest and established his fame as a criminal lawyer and forensic orator. the ingenuity and acumen with which Chassen^e conducted the defence. a copy of which is in the Royal Court and State Library of Munich. and which holds a peculiar place in the history of jurisprudence. embodying opinions on various legal questions touching the holding and transmission of property. and kindred topics.Capital Punishment of Animals of the 21 Parliament of Paris. which is the first of sixty-nine consilia. uhi lucuseveral cases of this kind. the sentence proofficial is nounced by the not recorded. and reprinted in 1581. This treatise.

and therefore rashly giving them our assent. and the pernicious creatures were duly accursed." he says. e. I. yet I have thought that the subject should be thoroughly examined anew. under penalty of anathema and perpetual malediction. Chassen^e now raises the bably query whether such a thing may be rightfully and lawfully done {sed an rede et de jure fieri " The possit). is whether one can by injunction cause such insects to withdraw from a place in which they are doing damage. and. i. whether they can appear by proxy. lest I may seem to discourse to the populace. whether these our animals can be summoned thirdly. as it appears. or rather discusses the subject under five heads " First. The request was granted. in an application of the inhabitants of Beaune to the ecclesiastical tribunal of Autun for a decree of excommunication against certain noxious insects called huberes or hurebers. proa kind of locust or harvest-fly. secondly. whether they can be summoned by procurators. 6). principal question. if they are cited to appear personally. through procurators ap: . lest I should seem to fall into the vice censured by Cicero (De Off. and how it should be effected. of regarding things which we do not know as if they were well understood by us. how are these our animals called in the Latin language." He divides his treatise into five parts. And although in times past there has never been any doubt on this point. " . or to abstain from doing damage there.22 The Criminal Prosecution and This curious dissertation originated.

Cicero. with that of the theologian. Seneca." Chassenee's method of fourthly. Pliny. patristic theologians and homilists. Silius Italicus. what constitutes an anathema and how does it differ from an excommunication. . and ecclesiastical courts. The documentary evidence adduced is drawn from a great variety of sources the scriptures of the Old and New Testament. and the Institutes of Justinian are alike laid under contribution and quoted as of equal : authority. the prophecies of Daniel. the laws of Moses. all psychological speculation or metaphysical reasoning. Capital Punishment of Animals pointed 23 by the judge who summons them what judge. pagan poets and philosophers. Gregory the Great. Virgil. mediaeval hagiologists. whether layman or ecclesiastic. who balances authorities and serves us with texts He scrupulously avoids instead of arguments. and sentenced by and that the com- petence of these tribunals has been generally recognized. and how he is to proceed against them and to pass and execute sentence upon them fifthly. Pico della Mirandola. Ovid. investigation thinker. that of the lawyer. Cato.. Boethius. and simply aims to show that animals have been civil tried. Aristotle. convicted. but combines who quotes precedents and examines witnesses. is competent to try them. is not to that facts of the philosophic who marshals them and traces under general laws rational causes. All is fish that comes to his net out .

and never tries to pack the witness-box.24 The Criminal Prosecution and If of his erudition. twelve witnesses can be produced in favour of a statement. takes whatever evidence is at hand." The examples he adduces afford striking illustrations of the gross credulity to which the strongly conservative. Indeed. The habit of seeking knowledge and guidance excluapt to fall sively in the records the so-called " and wisdom traditions of the past. his reason bows to the will of the majority. that they ought not to deceive the veriest smatterer in dialectics. in of ages. His knowledge of obscure and now utterly forgotten authors. the proposition as proved. secular and ecclesiastic. and only two against it. precedent-mongering jurisconsult is mind of the an easy prey. be it salmon or sea-urchin. and the reader is constantly tempted to answer his laboured argumentations. Like so many scholars of his day he was prodigiously learned. He often indulges in logical subtilties so shallow in their speciousness. without being remark- for clearness or originality of thought. by " whistling half-a-dozen bars of Lillibullero. is immense. as Tristram Shandy's Uncle Toby did the lucubrations of Corporal Trim. the vastness of his erudition seems rather to have hampered than helped the vigorous able growth of his intellectual faculties. that he proceeds in this matter with strict impartiality and perfect rectitude." renders him . and accepts It must be added. however. to his credit.

not merely as the best means of getting rid of a the orchard. Richard Chevenix Trench. Testament the withered fig-tree The words of Jesus. " Every tree that bringeth not forth good fruit is hewn down cumberer of and cast into the fire. not for being barren. it was the telling of a wilful lie that " drew on it the curse. not for being without fruit. and adds permitted to destroy an irrational thing. by a similar process of reasoning: "It was fruitless fig-tree punished. but for proclaiming by the voice of those leaves that it had such. it its is on the same ground or. making its ." he interprets. debet licere quid est minus). much more is it permitted to curse it. justifies the withering of the ment " If. at least. Chassen^e refers to the cursing of the serpent in the Garden of Eden." According to this exegesis. In proof of the power of anathemas.:. but as a condemnation and punish- delinquencies. because it does not produce fruit. An English professor of divinity. causing it to go upon its belly for all time David's malediction of the mountains of Gilboa. and in the New of Bethany. of the tree for therefore. so that they had neither rain nor dew God's curse upon the city of Jericho. Capital Punishment of Animals peculiarly liable to regard every act of antiquity as necessarily wise 25 and utterance and authoritative. since the greater penalty includes the less (cum si liceat quid est plus." The guilty fig is thus endowed with a moral . strong walls fall before the blasts of trumpets. but for being false.

" curious and characteristic specimen of the A absurd and is illogical inferences. is the use he makes of the passage in Virgil's first Georgic." punishableness of the object. which was thus stricken As regards the culpability and at the heart. with a stricter judicial no infliction of punishment until the malefactor has been convicted by due process of law. a shuddering fear may have run through all the leaves of the tree. in which the poet remarks that " no religion has forbidden us to draw off water-courses for irrigating purposes. But from the . and that he shall enjoy all the safeguards which legal forms and technicalities have thrown around him and under whose covert even the vilest criminal has the right to take refuge. The Anglican hermeneutist." all these things being essential to successful husbandry. which Chassen^e constantly deducing from his texts. insists that there shall be able impatience disappointed in not finding fruit at the wrong season. to enclose crops with fences.26 The Criminal made Prosecution and character and for clearly conscious of the crime : which it suffered the penalty of death " Almost as soon as the word of the Lord was spoken. or to lay snares for birds. " for the time of figs was not yet. would justify the curse and admit the validity of the anathema. on the contrary. only the latter. although it was only the angry expression of an unreasonsense. the modern divine and the mediaeval jurist occupy the same stand- point.

received the approbation of all the learned doctors of the University of Heidelberg : omnes studii Heydelber- . accepting as convincing testimony the ecstacies of saints and the extravagant statements of hagiologists without the slightest expression of doubt as to the truth of these legends." Far-fetched deductions and wretched twaddle of this sort fill many pages of the famous lawyer's right to dissertation. Chassen^e mentions several instances of the effectiveness of anathemas. The orchard remained barren until. our jurisprudent infers the excommunicate them.Capital Punishment of Animals 27 right to snare birds. which had become so numerous as seriously to interfere with boating and bathing. Thus he relates how a priest anathematized an orchard^ because its fruits tempted the children of his parish and kept them away from mass. on another occasion in the year 145 the same ecclesiastic expelled from the waters of this lake an immense number of enormous blood-suckers. as Felix Malleolus informs us in his Tractatus de Exorcismis (I). which threatened to destroy all the large fish and were especially fatal to salmon. the ban was removed. since " no snares are stronger than the meshes of an anathema. the favourite article of food on fast-days. In like manner the Bishop of Lausanne freed Lake Leman from eels. Coming down to more recent times. This method of procedure was both cheap and 1 effective and. at the solicitation of the Duchess of Burgundy.

when he was officiating at the altar. who abetted and protected heresy. who would fain feed souls with corrupt spiritual food. Another holy man. into black. the flies to the floor . with results equally fatal to the finny .28 The Criminal Prosecution and gensis Doctores hujusmodi ritus videntes et legentes consenserunt. which annoyed the worshippers and officiating priests in the abbey church of Foigny. " all dead corpses. anathematized the swallows. that tribe." William. Egbert. that he excommunicated a countless swarm of flies. and lo. Bishop of Trier. who records fell miraculous event. He forbade them to enter the sacred edifice on pain of death it is still a popular superstition at a swallow flies into the cathedral. on the morrow they were. By the same agency an abbot changed the sweet white bread of a Count of Toulouse. states that as soon as the execration was uttered. it immediately falls to the ground and gives up the ghost. Theodore in Rheims. which had incurred his anger. was forced to satisfy his bodily hunger with coarse and unsavoury provender. mouldy bread. which disturbed the devotions of the faithful by their chirping defiled his and chattering. known as John the Lamb. It is also related of the honey-tongued St. and if Trier. so that he. and sacrilegiously head and vestments with their drop- pings. cursed the fishes. Abbot this of St. No sooner was the excommunication removed than the bread resumed its original purity and colour. like Sennacherib's host. Bernard.

it as the legend goes. according to a contemporary writer. says the monkish was urgent and " no hand. [Vita S. auctore Wilhelmo abbate S. was once so infested by reptiles as to be uninhabitable by human beings. Early in the eighth century. Rhem. were appointed " to drive away the flies when the Pope celebrateth. because the case other remedy was at of other means of relief may refer to the absence of " deacons with fly-flaps. was so well known that the cursing of the flies of Foigny became proverbial and formed the subject of a parable. 11.] According to the usual account." Perhaps this lack chronicler. the malediction was not so drastic in its operation and did not cause the flies to disappear until the next day. I. would doubtless suggest that a sharp and sudden frost may have added to the force and efficacy of the excommunication. and no sooner had he set foot upon it than these creatures all crawled and wriggled into the water. was visited by St. The rationalist. This incident. Pir- minius. Bernardi." who. which derives its name from its fertility and is especially famous its for the products of its vine- yards and venomous orchards. he adds.Capital Punishment of Animals 29 in such quantities that they had to be thrown out with shovels (palis ejicientes). severe and The saint resorted to this summary measure." The island Reichenau in Lake Constance. Thod. whose chill and blighting breath is ever nipping the tender buds of faith. so that the surface of the lake was .

which was preserved in the cloister of St. Pecuhar vermifugal efficacy was ascribed to the crosier of St. like saints' curses. Magnus. Zug. mice. which. the apostle of Algau. 1731. and in December 1752 it was proposed by the same body to take like summary measures " Item a et^ ddlibdre que la ville se joindra aux paroisses ' de cette province qui voudront obtenir de Rome une excommunication contre les insects et que Ton contribuera aux frais au pro rata. Sometimes formulas of malediction were procured directly from the pope. in the same year the common council of Chiavenna discussed the propriety of applying to Rome for an execratory against beetles and bears.3© The Criminal Prosecution and covered for three days and three nights with serpents. Thus in 1660 the inhabitants of Lucerne paid four pistoles and one Roman thaler for a document of this kind. the expenses for which are to be assessed pro rata. could be applied without legal formalities. Schwyz and other portions of Switzerland for the expulsion and extermination of rats. Mang at Fiissen in Bavaria. and from 1685 to 1770 was repeatedly borne in solemn procession to Lucerne." : . 1 in 1740 the commune of Piuro purchased from His Holiness a similar anathema. on Nov. cockchafers and other insects. 15. the municipal council of Thonou in Savoy resolved to join with other parishes of that province to obtain from Rome an excommunication against insects. scorpions and hideous worms.

An judge is not competent in causa sanguinis. and other characteristic questions criminal. except in cases where the penalty involves the shedding ecclesiastical blood. Cons.] For . as well as useful hints to the pettifogger in the exercise of his tortuous and tricky profession. he says. but he also dis- cusses many legal principles touching of the civil. The pompous ceremony has been superseded in Protestant countries by an officially appointed day of fasting and prayer. and can impose only canonical punishments. In his " First Counsel " Chassenee not only treats of methods of procedure. Animals. although he may have jurisdiction in temporal matters and punish of crimes not involving a capital sentence. licet habeat juris dictionem in temporalihus et possit crimina poenam sanguinis non existentia {exigentia is obviously the correct reading) castigare. and gives forms of plaints to be drawn up and tendered to the tribunal by the injured party. § 5. IV. jurisdiction of courts. [Nam judex ecclesiasticus in causa sanguinis non est competens judex.Capital Punishment of Animals in 31 order to get rid of a pest of rodents. prim. In 1729. of St. should be tried by ecclesiastical tribunals. Francis to Magnus' Day from Peter's weevils. the Church Chapel for the purpose of expelling This custom was observed annually from 1749 to 1798. and canonical law. 1730 and 1749 the municipal council of to Lucerne ordered processions be made on St. the functions of judges.

Chassenee ally. but. probably because. Occasion- ally the curate officiated in this capacity. appointed two proctors to plead respectively for the plaintiff and the defendant and who rendered his verdict in due legal form. or the matter was submitted to the adjudication of a conjurer. Some- times the trial was conducted before a civil magistrate under the authority of the Church. however. Another point. which strikes us very comicbut which had to be decided before the trial could proceed. was whether the accused were to be regarded as clergy or laity. the sentence could be executed only by conjuration or the invocation of supernatural aid. In the prosecution of animals the summons was commonly published from the parish pulpit and the whole judicial ecclesiastical process bore a distinctively character. In most cases the presiding judge or heretics to death.32 this The Criminal reason the Prosecution and never Church condemned having decided that they should die. . who. who exercised judicatory functions in such trials. usually under the hollow and hypocritical pretence of recommending them to mercy. Indeed. whether priest or layman. as a rule. gave them over to the secular power for formal condemnation. official was the vicar of the parish acting as the deputy of the bishop of the diocese. the word "conjurer" seems to have been used as a popular designation of the person.

which tainted law no less than divinity. should be the general presumption but if any one wishes to affirm that they have ordinem clericatus and are entitled to benefit of clergy.Capital Punishment of Animals 33 thinks that there is no necessity of testing each individual case. he declares. at any rate. that if a bug bearing this name had been brought to trial. Probably our jurist would have made an exception in favour of the beetle. the result of schol- We astic training and scholastic methods of investi- gation. the burden of proof rests upon him and he is . which entomologists call clerus . but the importance attached to these trivialities was not so much the peculiarity of a single profession as the mental habit of the age. sciences Nevertheless the ancillary relations of all other and disciplines to theology render the latter chiefly responsible for this fatal tendency. laugh at the subtilties and quiddities of mediaeval theologians. but that animals should be looked upon as lay persons. who seriously discussed such silly questions as the digestibility of the consecrated elements in the eucharist. it is certain. bound to show it (deberet estud probare). the learning and acuteness displayed in arguing the point in dispute would have been astounding. This. between inflicting penalties upon them for crimes committed and taking precautionary measures to keep them from doing 3 . Chassenee also makes a distinction between punitive and preventive purposes in the prosecution of animals.

because they are not rational faculties. living and together in communities. endowed with then proceeds to show that " things not allowable in respect to crimes already committed are allowable in respect to He crimes about to be committed in order to prevent layman may not arrest an ecclesiastic for a delict fully consummated. that birds. but may seize and detain him in order to hinder the consummation of a delict." Chassen^e endeavours to clinch his argument as usual by quoting biblical texts and adducing incidents from legendary literature.34 The Criminal Prosecution and this damage. which would have furnished him with better material for the elucidation of his subject. then the lower animals are certainly guilty of criminal offences. have certain laws. doing. simply because it was unknown to him. he leaves untouched." Thus a . the prophet and servant of the Most High. where *' Balaam. that animals are incapable of commit- ting crimes. was rebuked by a she-ass. By means he seeks to evade the objection. If crime consists in the commission of deeds hurtful to other sentient beings. In such cases. an inferior may coerce and correct a superior even an irrational creature may put restraint upon a human being and hold him back from wrongthem. . cites In illustration of this legal point he an example from Holy Writ. knowing such actions It is to be wrong. lished fact. The province of zoo-psychology. beasts a well-estabinsects.

— Capital Punishment of Animals 35 which are designed violation of to fare of the herd. and sometimes feels justified in putting incorrigible offenders. Such a proceeding. too. and if systematically applied to human beings would be denounced as intolerable tyranny. the flock or the promote the general welswarm. is arbitrary and autocratic. Of course this kind of it punishment is chiefly preventive. Man. that domestic animals often commit crimes against man and betray a consciousness of the nature of their acts by showing fear of detection or by trying to conceal what they have done. Chassen^e insists that under no circumstances is a penalty to be imposed except by judicial decision navi poena is nunquam and in imponitur. nevertheless provoked by acts already perpetrated and is not wholly free from the element of retributive justice. a vicious bull. recognizes their moral responsibility by inflicting chastisement upon them. however. summarily to death. nisi lex expresse dicat support of this principle refers to the apostle Paul. and the which by individual members they punish corporally or capitally as the case may require. If he lays so great stress upon the observance of legal forms. It is likewise undeniable. — . who declares that " sin is not imputed when there is no law. a thievish cat or a sheep-killing dog." He appears to think that any technical error would vitiate the whole procedure and reduce the ban of the Church to mere hrutum fulmen.

having been informed that slugs were devastating several estates in different parts of his diocese. Thus the grand-vicars of Jean Rohin. 1487. as prehumata scribed in the old Avestan formula hukhta huvarshta. and none of them can be omitted without marring the perfection of the ceremonial and impairing its power. which accompany the performance of a Brahmanical sacrifice. The lack of a single link breaks the connection and destroys the binding force of the chain everything must be " well-thought. an incorrect accentuation or false intonation in uttering a spell suffices to dissolve the charm and nullify the occult workings of the magic. belongs to the same category of conjurations and is rendered nugatory by any formal defect or judicial irregu. it is because he deems them essential to the effectiveness of an excommunication. ordered ." not ethically.36 which The Criminal in Prosecution and prosecution of the criminal brute beasts strike us as the caricature and farce of justice. or a Catholic mass. but ritually. slightest The mispronunciation of a word. : larity. Cardinal Bishop of Autun. or any other kind of incantation have their significance. on the 17th of August. were Sometimes the obnoxious vermin generously forewarned. All the mutterings and posturings. well-said and well-done. An anathema of animals pronounced in accordance with the sentence passed upon them by a tribunal.

which laid waste the vines.Capital Punishment of Animals 37 public processions to be made for three days in every parish. Here it is expressly stated that a counsellor was assigned to the accused. and in proof of its correctness refers to Malachi. at On the 8th 1488. and enjoined upon the said slugs to quit the territory within this period under penalty of being accursed. the people are also urged to be prompt and honest in the payment of tithes. The archives of the old episcopal city of St. and a prosecutor heard in behalf As a means of of the aggrieved inhabitants. too. and the slugs were warned three times to cease from vexing the people by corroding and consuming the herbs of the fields and the vines. Jean-de-Maurienne contain the original records ." In 1516. Gallice urebecs. probably a species of curculio). provided all the tithes are brought into the storehouse. we excommunicate them and smite them with our anathema. where God promises to rebuke the devourer for man's sake. endorses this view. The curates were charged to make processions during the offices. and to depart. the official of Troyes pronounced sentence on certain insects {adversus hrucos seu eurucas vel alia non dissimilia anivialia. of September. rendering the anathema more effective. unless they should disappear within six days. and threatened them with anathema. a similar order was issued Beaujeu. " and if they do not heed this our command. Chassenee.

species of greenish weevil (charan9on) known to entomologists as rychites auratus.38 of The Criminal legal Prosecution and instituted proceedings against some which had ravaged the vineyards of St. instead of passing sentence. a hamlet situated on the route over Mt. therefore it would be unbecoming to proceed with rashness and precipitance against the animals now actually accused and indicted. Complaint was first made by the wine-growers of St. issued a proclamation. 1546. The procurator Pierre Falcon and the advocate Claude Morel defended the insects. Julien. and Pierre Ducol appeared for the plaintififs. amblevin. Julien in 1545 before Francois Bonnivard. dated the 8th of May. doctor of laws. The defendants in this case were a insects. verpillion. Cenis and famous for the excellence of its vintage. and called by different names. After the presentation and discussion of the case by both parties. beche. in different provinces of France. it would be more fitting for us to have recourse to the mercy of heaven and to implore pardon for our . which fly about on the surface of the soil. the official. but likewise for the preservation and support of insects. on the contrary. hath ordained that the earth should bring forth fruits and herbs (animas vegetativas)y not solely for the sustenance of rational human beings. recommending public prayers and beginning with the following characteristic preamble: "Inasmuch as God. the supreme author of all that exists.

The proceedings are on twenty-nine folia and entitled De actis scindicorum communitatis Sancti Julliani agentium contra animalia bruta ad formavi recorded muscarum volantia coloris viridis still appellata verpillions seu amblevins communi voce The docu. the second in honour of the Blessed which the public prayers are Virgin. The first mass is to be said in honour of the Holy Spirit. and to resolve to live henceforth justly and charitably. which are . At least two persons of each household are required to take part in these religious exercises. namely on May 20th.: Capital Punishment of Animals sins." in 39 Then follow instructions as to the to manner be conducted The in order to propitiate the divine wrath. High mass is to be celebrated on three consecutive days. and above all to pay tithes. and the host to be borne in solemn procession with songs and supplications round the vineyards. A proces-verbal. were communicated by M. however. About thirty years later. to repent of their sins with unfeigned contrition. and 22nd. Julien. preserved in the archives of St. Victor ments. people are admonished to turn to the Lord with pure and undivided hearts (ex toto et puro corde). attests that this the curate programme was fully carried out and that the insects soon afterwards disappeared. 21st. signed by Romanet. the scourge was renewed and the destructive insects were actually brought to trial. and the third in honour of the tutelar saint of the parish.

how much more ought he to regard that of his fellow- man and learn to rule in equity. 1846. It may be proper to add that Menebrea's theory of " the spirit. when the weak remained without support and without redress against the strong. who printed them in the appendix to his volume De Vorigine de la jorme et de respHt des jugenients rcndus au moyen-dge contre les animaux. The penal prosecution of animals. L^on Menebrea. but expresses a modern. to M. . This treatise appeared originally in the twelfth tome of : the Memoir es de la Societe Roy ale Academique de Savoie. In the Middle Ages.40 The Criminal Prosecution and Dalbane. in which these judgments against animals were given. Chambery. secretary of the commune. He maintains that "these procedures formed originally only a kind of symbol intended to revive the sentiment of justice among the masses of the people. and property was exposed to all sorts of attacks and all forms of ravage and rapine." is wholly untenable. If man should be taught to respect the home of the worm. there was something indescribably beautiful in the thought of assimilating the insect of the field to the masterpiece of creation and putting them on an equality before the law." This explanation is very fine in sentiment. when disorder reigned supreme. who knew of no right except might and of no law except that of intimidation and violence. and not a mediaeval way of thinking.

Capital Punishment of Animals 41 which prevailed during the Middle Ages. the outcome of an extremely crude. which it really tended to foster by making a travesty of the administration of justice and thus turning it into ridicule. So far from originating in a delicate and sensitive sense of justice. neither was it designed to inculcate any such moral lesson as is here suggested. 1587. but has been frequently practised by primitive peoples and savage tribes. and barbaric sense of justice. On the 13th of April. was by no means peculiar to that period. : . who. obtuse. nor did it produce any such desirable result. and is not to be considered as a reaction and protest against club-law. in the name of the inhabitants of St. or the reverend lord his vicar-general and official " by the syndics and Francois Amenet and Petremand Bertrand. in which dense ignorance was governed by brute force. the princebishop of Maurienne. It was the product of a social state. Julien. presented the following statement and " Formerly by virtue of divine services petition procurators. It was also in the interest of ecclesiastical dignities to keep up this parody and perversion of a sacred and fundamental institute of civil society. as will be more fully shown hereafter. it was. since it strengthened their influence and extended their authority by subjecting even the caterpillar and the canker-worm to their dominion and control. But to return to the records of the trial. the case was laid before " his most reverend lordship.

to appoint another procurator and advocate for the insects in place the deceased Pierre Falcon and Claude Morel. Fran9ois Amenet and Petremand Bertrand. with a moderate fee (salario moderato). and secondly. their action is not maintainable should be nonsuited. it behoveth the repre- sentatives of Christ on earth to prescribe such measures as divine may be appropriate to appease the Wherefore we the afore-mentioned syndics. to visit the grounds and observe the damage. If the sins of men are the cause of this evil. first. and Pierre Rembaud their advocate. he affirms that his clients have kept within their right and not rendered themselves liable to excommunication. when the advocate. since. course pursued by his predecessor in office. as we read in the sacred showing that and that they After approving of the . The parties appeared before the official on the 30th day of May and the case was adjourned to the 6th of June. Pierre Rembaud. do appear anew {ex integro) and wrath. and then to proceed with of the excommunication. 42 The Criminal Prosecution and in- and earnest supplications the scourge and ordinate fury of the aforesaid animals did cease now they have resumed their depredations and are doing incalculable injury. the dis- tinguished Antoine Filliol was appointed procurator for the insects. beseech the official." In compliance with this request. presented his answer to the declaration of the plaintiffs..

the lower animals were created before man. had he not intended that these creatures should have suitable and sufficient means of support. proclaimed a fast and put on sackcloth. earth after his kind. and God said to them : Let the earth bring forth the living creature after his kind.Capital Punishment of Animals 43 book of Genesis. Furthermore. In conclusion. and beast of the and he blessed them saying. cattle and creeping thing. he has expressly stated that to every thing that creepeth upon the earth every green herb has been given for meat. in taking up their abode in the vines of the plaintiffs. suggests that the complainants. when they heard the warning voice of the prophet Jonah. Now the Creator would not have given this command. instead of instituting judicial proceedings. and multiply and fill the waters of the seas. it is absurd and unreasonable to invoke the power of civil and canonical law against brute beasts. would do better to entreat the mercy of heaven and to imitate the Ninevites. are only exercising a legitimate right conferred upon them at the time of their creation. It is therefore evident that the accused. he de- mands that the petition of the plaintiffs be dis- . that the lower animals are made subject to man. and let fowl multiply in the earth. Be fruitful indeed. he dismisses as neither true in He fact nor pertinent to the present case. who. which are subject only to natural law and the impulses of instinct. The argument urged by the counsel for the plaintiffs.

when the advocate of the commune. which have been held from time immemorial by our ancestors we need only refer to the opinions formerly expressed by the honour27th. although the animals were created before man. to the 12th and June. the monitorium revoked and annulled. opponent has added nothing refutatory of the views. to which end the gracious office of the judge is humbly imbenigno officio plored {humiliter implorato j 11 die is). of which the defend- The case to was adjourned 19th of finally the ants' advocate demanded a copy with due time This request led to a further adjournment till the 26th of June. They have no raison d'etre except as they minister to man. all further proceedings stayed. . in reply to the defendants' plea. he concludes. inasmuch as all things have been put under his feet. the prosecuting attorney. the reason of their prior creation. our reiterates. Fran9ois Fay (who seems to have taken the place of Amenet. .44 and The Criminal Prosecution and missed. and that this was. when Petremand Bertrand. they were intended to be subordinate to him and subservient to his use. presented a lengthy replication. as the Psalmist asserts and the apostle Paul On this point. but as this day turned out to be a dies feriatus or holiday. if he be not the same person). argued that. indeed. no business could be transacted until the for deliberation. who was made to have dominion over them.

he adds." It is evident. merely remarked that the document ordered and the further conwas postponed till the 4th Antoine Filliol then made a of July. the i8th of July. applies for a new term (alium terminum). since they are derived from the same source.Capital Punishment of Animals able 45 The Hippolyte Ducol advocate for the defence he had not yet received on the 19th of June. Jean-de-Mauri- that the case be closed procurator of the insects demands and the plaintiffs debarred from drawing up any additional statements or creating any further delay by the introduction of irrelevant matter. and requests that a decision be rendered on the documents and declarations already adduced. the will and power of God. whose policy seems to have been to keep the suit pending as long as possible. denying that the subordination of the lower animals to man involves the right of excommunicating them. which the opposing counsel had not even attempted to disprove. sideration of the case as satisfactory. which was granted. namely. The . and insisting upon his former position. On enne. " a law originating in the eternal reason and resting upon a basis as im- mutable as that of the divine law of revelation. namely. rejoinder to the plaintiffs' replication. that the action brought by the plaintiffs is not maintainable and that judgment should be given accordingly. that the lower animals are subject solely to natural law. the same parties appear before the official of St. The prosecuting attorney.

Julien. known as Parloir hinds and habitants et habitantc) were summoned by the ringing of the church bell to consider the propriety and necessity of providing for the said animals a place outside of the vineyards of St. On the 29th of June. 1587. {manantz to which all in the vicinity was selected and set apart as a sort of insect enclosure. and finally the right of taking refuge in this sp)ot time of war or in case of like distress. however. where they might obtain sufficient sustenance without devouring and devastating the vines of the said commune. and at the suggestion of the official. reserving for themselves the right to pass through the said tract of land. The place chosen is called La Grand Feisse and described with the exactness of a topographical . Francois Fay." and to make use of the springs of water contained therein. A piece of ground d'Amont. measures were taken for the speedier adjustment of the affair by compromise. which are also to be at the service of the said animals. Julien.46 other The Criminal Prosecution and Meanwhile. a public meeting was called at noon immediately after mass on the great square of St. in view of the law's long delay. This meeting appears to have been held by the advice of the plaintiffs' advocate. without doing detriment to the in means of subsistence of said animals. " without prejudice to the pasture of the said animals. the inhabitants of St. Julien. they reserve furthermore the right of working the mines of ochre and other mineral colours found there.

" which fell on the made by . procurator of the insects. But this attempt of the inhabitants to conciliate the insects and to settle their differences by mutual concessions did not put an end to the On the 24th of July. an " Extract Register of the Curiality of St. curial. The court complied with this request and adjourned the case till " the first juridical day after the harvest vacation. express themselves such an arrangement. in witness whereof the protocol is signed " L. on visitation and inspection of the ground. was submitted to the court by Petremand Bertrand. and to cause the defendants to vacate the vineyards and to forbid them to return to the same on pain of excommunication." containing the proceedings of the public meeting. but also as to the character of its foliage and herbage. Julien.Capital Punishment of Animals 47 survey. The assembled people vote to make this appropriation of land and agree to draw up a conveyance of it " in good form and of perpetual validity. who called attention to the very generous offer litigation. Prunier. requested a copy of the froces-verbal and time for deliberation. Antoine Filliol. not only as to its location and dimensions. procurator of the plaintiffs." and stamped with the seal of the comsatisfied with mune." provided the procurator and advocate of the insects may. from the the commune and prayed the official to order the grant to be accepted on the conditions specified.

" in behalf of the plaintiffs. and again. was preparing to invade the Marquisate of Saluzzo. all of which he is set apart as ready to verify. in the meantime plaintiffs had the which examine the insects. because the place was sterile and neither sufficiently nor suitably supplied with food for the support of the said animals. that the proposal be rejected till the 20th of the and the action dismissed with costs to the complainants (petit agentes repelli cum expensis). he demanded. as stated in the conveyance prepared by his clients. being full of trees and shrubs of divers kinds. since the passage of armed men was still going on {actento transitu armigerorum). therefore. Duke of Savoy. denies the correctness of this statement and avers that the spot selected and an abode for the insects is admirably adapted to this purpose. The official papers of both parties appointing experts. and for an asylum as proffered . At this time. upon an took the adjudication in his favour. Charles Emanuel I. when Antoine Filliol declared that he could not accept for his clients the offer made by the plaintiffs. and reserved his decision. Cenis interfered with the progress of the trial. who should the place.48 nth The Criminal of Prosecution and August. till the 3rd of September.. He insists. The " egregious Petremand Bertrand. and the confusion caused by the expedition of troops over Mt. and again by common consent same month. therefore. which was postponed till the 27th of August.

acted as the bishop's official and did not receive a regular fee.. who were appointed assigned to the insects. not being satisfied with the results of the trial." three florins to the vicar.. then " solverunt scindici Sancti Julliani incluso processu Animalium sigillo ordinationum et pro copia que competat in processu dictorum Aniv^alium omnibus inclusis XVI flor. 49 fitness of the final decision of the case. At least nothing should be thought incredible or impossible in the conduct of creatures. acumen In the margin of the last interesting items of expenses incurred tatione III jlor. but was not permitted to go 4 . sent a sharp-toothed delegation into the archives to obliterate and annul the judgment of the court. Perhaps the prosecuted weevils. ''item pro sportulis do- who vicarii III flor.Capital Punishment of Animals submit a written report upon the same. finally. is rendered doubtful by the unfortunate circumstance that the last page of the records has been destroyed The ful by rats or bugs of some sort." which may be summed up mini as sixteen florins for clerical work including seals.." to visit the place page are some " pro visi: by which we are to understand three florins to the experts. summoned attention which were deemed worthy of being before ecclesiastical tribunals and which succeeded as criminals in claiming the and calling forth the legal learning and of the greatest jurists of their day. after such caredeUberation and so long delay.

and without it. but only maintained that they must not trespass cultivated fields and destroy The complainants the fruits of man's labour. may Church could. by virtue of its anathema. which infested the environs . no one appears to have doubted for a moment : . The date. all who took part It is related in the chronicles of an ancient abbey (Le Pere Rochex: Gloire de I'Abbaye et Vallee de la Novalaise). two points are presented with great clearness and seem to be accepted as incontestable first. which follows. Indeed. Prosecution and away empty-handed. a firm faith in the existence of this power was the pivot on which the whole procedure turned.50 The Criminal 20. the trial would have been that the a dismal farce in the eyes of in it. 1587. compel these creatures to stop their ravages and cause them to go from one place to another. be assumed to indicate the time at which the trial came to an end. that St. This right was recognized by both parties even the prosecution did not deny it. Secondly. Dec. after a pendency of more than eight months. the right of the insects to adequate means of subsistence suited to their nature. Eldrad commanded the snakes. were perfectly willing to assign to the weevils an uncultivated tract of ground. {Vide Appendix A. where they could feed upon such natural products of the soil as were not due to human toil and tillage.) In the legal proceedings just described.

animals cannot be excomto power injury or destruction was considered illegal anathematized. although irascible anchorites and other holy men under strong provocation often gave way to it. conducted them to a desert place and shut them up in a cave.Capital Punishment of Animals 51 of a priory in the valley of Briangon. which suffered Satan to take possession of its seductive form and thus played such a fatal part in effecting the fall of man and in introducing sin into the world. and. This form of ban. having no legal status of their own and not being bound in frankpledge as members of the decennary or tithable community. according to old . such an arbitrary abuse of miraculous and as having no rights which an excommunicator or a wonder-workwould be bound to respect. Perhaps the serpent. ecclesiastical ing saint however. just as modern lawyers condemn the practice of lynch-law as mobbish and essentially seditious. As a rule. to depart. but only women. Properly speaking. just as English law. could not be outlawed. may have been regarded as completely out of the pale and protection of law. the creatures of God's and unjustifiable. taking a staff in his hand. and only to be excused as a sudden outburst of public indignation at some exceptionally brutal outrage. Mediaeval jurists frowned upon summary measures of this sort. while differing theoretically from actual municated. but only " waived " or abandoned. where they all miserably perished.

some of whom do not recognize this distinction Church and from whatever advantages may between anathema and excommunication on the of many passages of Holy Writ.52 The Criminal Prosecution and its effects outlawry. was practically the same in upon the individual subjected to it. One of the strong points made by the counsel for the defence in prosecutions of this kind was that these insects were sent to punish sins. printed at Lyons in 1668. It is one of the consequences of an anathema. but it has not always been held by writers on this subject. advocate and councillor of the Sovereign Senate of Savoy. which are represented as longing for the day of their redemption and authority regeneration. and that to attempt to destroy them or to drive them away would be to fight against God (s'en prendre a . to which the lower animals do not belong. man for his and should therefore be regarded as agents and emissaries of the Almighty. This was the generally accepted view. so the atonement extends to all living creatures. avec un Plaidoyer contre les Insects. but is limited in its operation to members of the ecclesiastical body. the exclusion from the Excomword communion of the spiritual or temporal accrue to a person from this relation. affirming that. in his Traite des Monitoires. as the etymology of the implies. and is the opinion maintained by Gaspard Bailly. munication is. as the whole creation was corrupted by the fall.

He states. Jesus cursed . that curses and bless- ings can be pronounced only upon such things as are susceptible of receiving evil or good impressions from them. or in other words." in Theologies raises the query. but he strews them on his plants instead of sprinkling them on his own head. and the argument applies with equal force to the impious and atheistic substitution of Paris green and the chlorate of lime for prayer and fasting as exterminators of potatobugs. to what extent in scientific have superseded theological methods the practical affairs of Thomas Aquinas. and thus indicates life. in the first place. his it Summa is the " angelic doctor. The modern. or upon irrational creatures and insentient things in their relation to rational beings. upon sentient and rational beings. like the mediaeval horticulturist may ward off devouring vermin from his garden by the use of ashes. so that the latter are the objects ultimately aimed at and favourably or unfavourably affected.Capital Punishment of Animals 53 Dieu). because it is essential to a man's subsistence. the proper thing to do would be. not to seek legal redress and to treat the noxious creatures as criminals. Thus God cursed the earth. whether permissible to curse irrational creatures liceat irrationabiles (utrum creaturas adjurare). This is still the standpoint of Christian orthodoxy. Under such circumstances. Protestant as well as Catholic. but to repent and humbly to entreat an angry Deity to remove the scourge.

Job cursed the day on which he was born.e. This doctrine is endorsed by the great theologian and scholastic Thomas of Aquino. on which the right of excommunication or anathematization may be asserted and fully vindicated. i. because these are intimately connected with the happiness of mankind. he says. then to curse them would be blasphemous. because he took from his mother's womb the taint of original sin David cursed the rocks and mountains of Gilboa. however. There is. whose sins he wishes to punish. because they were stained with the blood of " the beauty of Israel " in like manner the Lord sends locusts and blight and mildew to destroy the harvests. but bore no fruits of righteousness. It is laid down as a legal maxim by mediaeval jurisprudents that no animal devoid of understanding can commit a fault {nee enim potest animal injuriani fecisse quod sensu caret). on the other hand.54 The Criminal Prosecution and the barren fig-tree symbolizing the Jews. then the malediction is odious and vain and therefore unlawful {est odiosum et vanum et per consequens illicit^im). If we regard the lower animals. we curse them secundem se. merely as brute beasts. agents for the execution of his judgments. that the lower animals are satellites of Satan " instigated by the powers of hell and therefore . as creatures coming from the hand of God and employed by him as . . another ground. who made a great show of leafage in the form of rites and ceremonies. namely. if.

" and dilates on the natural and mystic qualities of animals. was " printed at Chambery by emblems of divine perfecIn a work entitled Le Liure du Roy et de la Reyne Racio (The Book of King Anthony Neyret in the year of grace one thousand four hundred and eighty-six on the thirtieth day of October. as the colophon records. who makes use of irrational creatures to our detriment. the serpent. the asp. in reply to these rather conventional commonplaces. the basilisk. which she divides into two classes." King Mode discourses on falconry and venery in general. the lion." This notion seems to have been generally accepted in the Middle Ages. etc." as the Doctor angelicus puts it. Queen Reason brings forward. on the contrary. and adds " the anathema then is not to be pronounced against the animals as such. was con- sidered confirmatory of this view. " several fine moralities. the scorpion. but should be hurled inferentially (per modum conclusionis) at the devil.. § 75). and the fact that evil spirits are often mentioned in the Bible metaphorically or symbolically as animals and assumed to be incarnate in the adder. Chassenee refers to this opinion in the treatise already cited (I. But not all incarnations. which. the leviathan. Modus Mode and Queen Reason). the dragon. animals were regarded as diabolical many were revered as embodiments and tions.Capital Punishment of Animals 55 proper to be cursed. sweet beasts {bestes doulces) and stenchy .

shows them where holy relics are concealed. which is de" Reynard is a beast of small scribed as follows size. with red hair. and causes St." According to the Psalmist. the hart panting after the water-brooks represents the soul thirst- ing for the living God and is the type of religious ardour and aspiration. In paganism. Eustace and St. hart and hind. : .56 The Criminal Prosecution and Foremost among the beasts {testes puantes). which . Chief of the stenchy beasts is the pig. typical of bad spiritual shepherds. sweet beasts stands that which Milton characterizes as " Goodliest of all the forest. Hubert to abandon the chase and to lead lives of pious devotion by appearing to them with a luminous cross between The ten branches of its horns its antlers. To the same class of offensive beasts belong the wolf. symbolize the ten commandments of the Old Testament and signify in the Roman hand ritual the ten fingers of the outstretched of the priest as he works the perpetual miracle of transubstantiation of the eucharist. corresponding to the seven deadly sins. to the Christians was merely devil-worship. the boar was an object of peculiar adoration for this reason the farrow of the sow is supposed to number seven shotes. It plays an important part in the legends of saints. a long bushy tail and an evil physiognomy. for his visage is thin and sharp. acts as their guide. and the fox.

whose influence is his eyes deep-set straight now-a-days quite extended. moreover he is deceitful and tricky above all other beasts and exceedingly " We are all. the ultimate . which are to be constantly combated and finally suppressed.Capital Punishment of Animals ^y and piercing. the . and according to which all animals are regarded as belonging either to the good creation of Ahuramazda or to the evil creation of Angro-mainyush. whereas the dove is a sweet beast and the chosen vessel for the outpouring of the Holy Spirit. duzhukhta. The world is the scene of perpetual conflict between these hostile forces summed up in the religion and ethics of Zarathushtra as the trinity of the good thought." adds Queen Reason malicious. and the good deed (humata. the evil word. the good word. the form in which the third person raven of the Trinity became incarnate. complexion of his individual character. dushvarshta). and pointed. " more or less of the brotherhood of Saint Fausset. hukhta. but also the welfare of the whole world. and the evil deed (dushmata. his ears small. This division of beasts corresponds in principle to that which is given in the Avesta." Among birds the is pre-eminently a malodorous creature and imp of Satan. huvarshta)." in a moralizing strain. which are to be fostered in opposition to the evil thought. Every man is called upon by the Iranian prophet to choose between these contraries and not only the present and future state of his own soul.

however small. are persistent and indestructible. but in spite of him. and deeds do not cease with the immediate effect which they are intended to produce. not by the will and design of the Good Being. contributes to the general increase and ascendency of either good or evil. This sense of solidarity with the Best and the Highest imparts additional elevation and peculiar dignity to human aims and actions. who needs and appreciates their services in overcoming the adversary. and helps to determine which of In the these principles shall ultimately triumph. and thus disturbs the equilibrium of the globe the footfall of achild shaking the earth to its centre so the influence of every human life. which it is difficult for the Religion of Humanity — — . while detract- . able extent." the while the vicious are the allies of the devil virtuous are not merely engaged in working out their own salvation.58 The Criminal Prosecution and destiny of the universe. words. universal strife of these " mighty opposites. but have also the ennobling consciousness of being fellow-combatants with the Deity. and lends to devotion a warmth of sympathy and fervour of enthusiasm springing from personal attachment and loyalty. As the very slightest impulse given to an atom of matter communicates itself to every other atom. to no inconsiderHis thoughts. powers are put forth to eradicate it. The fact. upon his choice. but. and that all his to inspire. that evil exists in the world. too. Hke force in the physical world. depend.

under the circumstances. frogs. the . which by its inherent stubbornness prevented the full embodiment and realization of the original purpose and desire of the Creator or Cosmourgos. but rather as the expression of perfect goodness working at disadvantage in an intractable material. who was therefore obliged to content himself with what was. but also increase the actual aggregate of goodness in the universe and even endue the Deity with greater power and aggressive energy in subduing and extirpating evil. by the purity and rectitude of his life. lizards. regarding it not as the manifestation of pure benevolence endowed with almighty power. is surely a sublime thought and a source of lofty inspiration and encouragement in well-doing. scorpions. although it has been degraded by Parsi Dasturs as all grand conceptions and ideals are apt to be under — priestly influences into a ridiculous and childish hatred of snakes. not only strengthen himself in virtue. Plato held a similar theory of creation. waterrats. thus rendering him far more worthy of love and worship and a much better model for human imitation than that "dreadful idealization of wickedness " which is called God in the The idea that the humblest Calvinistic creed.Capital Punishment of Animals 59 ing from his omnipotence. frees him from all moral obliquity and exalts his character for benevolence. person may. and other animals supposed to have been — produced by Angro-mainyush.

not only is the earth destined to be . raging relentlessly like a wild beast principle." assume rational the cosmogony has been compelled to persistent intervention of some malignant spirit or perverse agency as the only explanation of such a condition of things. So conspicuous. which "Red With that every in tooth and claw ravin.6o The Criminal Prosecution and able. and so often do the elements seem to conspire for the destruction of mankind. and instead of bidding the righteous to look forward to the final re-enthronement and absolute supremacy of truth and goodness as the " in this world One far-oflf divine event. To which the whole creation moves. is the defectiveness of nature as a means of promoting the highest conceivable human happiness. indeed. only possible." consoles them with the vague promise of compensation in a future state of being. but by no means the best imaginworld. the successful usurper of Eden. so marked and manifold are the causes of suffering in all spheres of sentient existence. Even this remote prospect of redemption is confined to a select few. The Manicheans attributed the same unsatisfactory evil result to the activity of an thwarted the complete actualization of the designs of the Deity. The orthodox Christianity of to-day gives over the earth entirely to the sovereignty of Satan.

By attained his present "Move upward. every conquest achieved by Ahuramazda and his allies stimulates Angroincreases in lectual capacity. Everywhere the correcting hand and contriving brain of man are needed to eliminate the worthless and noxious productions. in which Nature is so fatally prolific. spirits. as the Parsi would express it mythologically. The more man . scarcely perceptible for generations. Through long ages of strife and struggle he has emerged from brutishness and barbarism. the . and rising by a slow. which the function of and culture to amend and improve." wisdom and intelmore efficient he becomes as a co-worker with the good principle. spiral ascent. At the same time. thus beautifying and ennobling all forms of vegetable and a like process man himself has pre-eminence. working out the beast. and to foster and develop those that are useful and salutary.Capital Punishment of Animals 6i fire on account of its utter corrupbut the great majority of its inhabitants are doomed to eternal torments in the abode of evil burned with tion. has been able gradually to animal life. every advance which he makes in civilization brings with it some new evil for him to overcome or. Scientific research also leads to the clusions art in respect to the it same conincompleteness of is Nature's handiwork. And let the ape and tiger die.

62 The who Criminal Prosecution and his satellites mainyush and tions. and the completion of the Pacific Railroad. The power of destruction insidiously concealed in the minutest insect organism often exceeds that of the tornado and the earthquake. like to renewed exer- convert the most useful discoveries. but also facilitated the propagation and spread of the plagues of the grasshopper and the Colorado beetle. dynamite. It is the observation of phenomena like these that con- modern Parsi in the faith of his fathers. into instruments of diabolical devastation. genius and energy of Pasteur were devoted for years to the task of detecting and destroying a microscopic parasite. and the Phylloxera and Doryphora still continue to ravage with comparative impunity the vineyards of Europe and the potato-fields of America. The opening of the Far West in the United States to agriculture and commerce. which threatened to ruin for ever the silk industry of France. unquestionable evidences firms the . and reveals to him. defying at once all the appliances of science for their extermination and all the attempts of casuistic theology to reconcile such scourges with a perfectly benevolent and omnipotent Creator and Ruler of the Universe. not only served to multiply and diffuse the gifts of the beneficent and bountiful spirit (spehto mainyush). and baffles the most persistent The efforts of human ingenuity to resist it. in the operations of nature and the conflicts of life.

Capital Punishment of Animals 63 of a contest between warring elements personi- Hormazd and Ahriman. while his hair grew like eagles' feathers . recognizes no Saviour. as creation must be redeemed by the good thoughts. who. words. vicarious victim. and therefore embodiments of devils. or in the form of a foul harlot. After death. dwelt with the beasts of the field and ate grass as oxen. over to Satan. Every person must be redeemed by his own good thoughts. into the realms of everlasting light. the ultimate which is to be the complete triumph of the former and the consequent purification and redemption of the world from the curse of evil. and deeds. the character of each indi- vidual thus formed appears to him. But to return from this digression it is not only in the Venidad that certain classes of animals are declared to be creations of the archfiend. and deeds of the fied as issue of race. however. A favourite example was the metamorphosis of Nebuchadnezzar. him down . when given and his nails like birds' claws. words. who thrusts into regions of eternal gloom. The Parsi. additional proofs of this doctrine were derived by mediaeval writers from biblical and classical sources. and repudiates as absurd and immoral any scheme of atonement whereby the burden of sin can be shifted from the shoulders of the guilty to those of an innocent. either in the form of a beautiful and brilliant maiden. who leads him over the Chinvad (or gatherer's) bridge.

being of diabolical origin. All this of Satanic agencies evil these metamorphoses are adduced as the results and proofs of the tendency of spirits to manifest themselves in bestial forms. Antigone a stork. Talus a partridge. Actason a stag. but all efforts were in vain. into swine. would naturally be prolific of such phenomena. besides centaurs and satyrs. Towards the end of the ninth century the region about Rome was visited by a dire plague of locusts. A reward was offered for their extermination and the peasants gathered and destroyed them by millions. Philomela a nightingale. Progne a swallow. VI. and the warriors of Diomedes birds. prepared great quantities of holy water and . Daedalion a sparrow-hawk.64 Still The Criminal Prosecution and of more numerous and striking instances kind were drawn from pagan mythology. Lyncus a lynx. which. the prototype of the modern witch. Iphigenia a roe." there were hybrids like the semi-dragon Cecrops and transformations by which lo became a heifer. Calisto a she-bear. Maera a dog. Corone a crow. Itys a pheasant. Tereus Ascalaphus and Nyctimene owls. Galanthis a weasel. while the companions of Ulysses were changed by Circe. "dire chimeras" and other " delicate monsters. Arachne a spider. since they propagated faster than it was Finally Pope Stephen possible to kill them. Cadmus and his spouse Harmonia snakes. Thus. Decertis a fish.

that through thee plagues and pestilence may be driven away. on vines. serpents and other foul spirits. on human habitations in the city or in the country. creature water.Capital Punishment of Animals 65 had the whole country sprinkled with it. on trees." This subject was treated in a lively and enterIn the 5 . thou shalt become a remedy and a relief from the wiles of Satan. locusts and moles may be dispersed and the maliciousness of all visible and invisible powers brought to nought. The formula used in consecrating the water and devoting directed : it to this purpose implies the diabolical it character of the vermin against which was I "I adjure thee. on stables. mice." hostile to man may be prayers which follow. moles. the water is entreated to " preserve the fruits of the earth from insects. by the true God. or if any one may touch or taste thee. by Him. that through contact with thee weevils and caterpillars. by Him. that thou mayst be indued with exorcising power and become a source of salvation. so that when thou art sprinkled on the fruits of the field. who at the marriage of Cana changed thee into wine. who caused thee to fertilize the garden of Eden and parted thee into four heads. or on flocks. who at the beginning separated thee from the dry land. whereupon the locusts immediately disappeared. adjure thee by the living God. I adjure thee that thou mayst not suffer any imp or phantom to abide in thy substance.

. then the feelings of a man towards his dog would not differ from those which he entertains towards his watch. was not original with Descartes. nearly a century before the publication of Descartes' Meditationes de prima philosophia and Principia philosophiae. medicis ac theologis non minus utile quam necessarium. in a bulky Latin volume bearing the queer dedicatory title : " Antoniana Margarita opus nempe physicis. which began a new epoch in the history of philosophy. But such is not the case. or would expect the former to respond to his caresses as the latter does. This tenet. and they would both inspire him with the same kind of affection. Gomez Pereira. argues the Jesuit father. In the first place. we may add. manner by a Jesuit priest. If animals are nothing but ingenious pieces of mechanism. the author refers to the intelligence shown by animals and refutes the Cartesian theory that they are mere machines or animated automata.66 The Criminal Prosecution and taining sophiqtie Bougeant. Even the strictest Cartesian would never think of petting his chronometer as he pets his poodle. but was set forth at length by a Spanish physician." and printed in 1554. which was written in the form of a letter addressed to a lady and published at Paris in 1739. Practically he subverts his own metaphysical system by the distinction which he makes between them. P^re in a book entitled Amusement Philosur le Langage des Bestes.

love. to from our own infer he himself possesses. since it involves the immortality of animal souls and to those passing in our there is necessitates some provision for their reward or punishment in a future life. as we do. desire. is contrary to the teachings of the Christian religion. hope. whose manifestations of joy. prove that within them a spiritual principle." The only means of reconciling these views. he adds.Capital Punishment of Animals treating one as a machine sentient 67 being. then they are worthy of retribution hereafter and there must be a heaven and a hell prepared for them. But this conclusion. both of which propositions are incompatible with the teachings of religion. in that case. would be a species of man or men a species of beast. intelligent who act as agents. so that the pre-eminence man over a beast as an object of God's mercy or wrath is lost. endowed with and passions corresponding. " Beasts. is to assume that they are incarnations of a of evil spirits. other persons. in those which and the other as a mental powers some degree. If they are capable of merits and demerits and can incur praise and blame. which does not differ essentially from the human soul. fear. akin own minds. sorrow. endowing animals with intellectual sense and immortal souls without running counter to Christian dogmas. individual consciousness that We be. hatred and other emotions. we claim are free to and The same reasoning applies to the lower animals. .

a form of expression which leads us to infer that they were not yet in it. Thus shall Christ declares that. who. from the standpoint of Catholic ortho- doxy. do not enter upon their punishment until after the judgment-day. in his glory. although condemned to everlasting fire. The highest ecclesiastical authorities have decided that this is not true of devils. ye cursed. into everlasting fire prepared for the devil and his angels. but the Church rejected it as heretical. receives its sentence and goes straight to hell. " Depart from me. But. Again the devils. therefore. which Christ drove out of the two "exceeding fierce" demoniacs. irrevocably Christ has damned and the blood of made no atonement for them. logians endorsed this notion.68 The Criminal Prosecution and Origen held that the scheme of redemption embraced also Satan and his satellites. If a man dies in his sins^ his soul. when the Son of man he shall say unto them on his left hand." Here it is not stated that the devils are already burning. saying. as soon as it departs from his body. *' Art thou come hither to torment us before the time?" This question has no significance. The devils are. who would be ultimately converted and restored to Several patristic theotheir primitive estate. This view is supported by many passages and incidents of Holy Writ. protested against such interference. but that the fire has been " prepared " for them. although their fate is sealed their torments have not yet begun. come .

where which kept not their first estate the Lord hath reserved in everlasting chains under darkness unto the judgment of the great day. Pere Bougeant is furthermore of the opinion that.Capital Punishment of Animals 69 unless we suppose that they had a right to inhabit such living beings as had been assigned to them. These words are to be understood figuratively as referring to the irrevocableness of their doom and the durance while subjected. when these devils were sent miraculously and therefore abnormally into the swine. imposed upon them. the sacred scriptures and the teachings of the Church leave no manner of doubt. . sort which they are meanThat they are held in some of temporary custody and are not actually vile to still awaiting the punishment. he thinks. Now the question arises as to what these undergoing. Even a hog. until the time of their torment should come on the last day. but which divine justice has legions of devils are doing in the meantime. A still more flict pigs. explicit is and decisive declaration on this point found in the Epistle of it is Jude and the Second stated that the angels Epistle of Peter. could not stand it to harbour more than one devil at a time. and would be driven to suicide by having an intrinsic and superfluous demon conjured into it. they came into con- with the devils already in possession of the and thus caused the whole herd to run violently down a steep place into the sea.

in order to see whether Christian faith in the truth of revelation would be strong of enough to resist the seductions " science falsely so called. God himself makes use of them to test the fealty of men and their power of holding fast to their integrity under severe temptations. who combines the office of priest with that of conjurer and is especially appointed for this purpose." Other devils enter into living . if an adult. which preceded baptism in the Catholic Church and which Luther and the Anglican reformers retained. bodies and give themselves up to evil enchantments as wizards and witches others still reanimate corpses or assume the form and features of the dead and wander about as ghosts Not only were pagans reand hobgoblins. or human ." in order to spy out and take advantage of human infirmities. just as the Creator made fossils and concealed them in the different strata of the earth.yo Some The of Criminal Prosecution and them are engaged in " going to and fro in the earth and walking up and down in it. as it was called. garded by the Christian Church as devil-worshippers and exorcised before being baptized. that a devil takes possession of every child as soon as it is born and remains there until expelled by an ecclesiastical functionary. but it is also a logical deduction from the doctrine of original sin. Before the candidate was christened he was exorcised and adjured personally. Hence arose the necessity of abrenunciation.

The Protestant churches finally gave up the hocus-pocus and during the eighteenth century it fell into general discredit and disuse among them. although some of the stiffest and most conservative Lutherans never really abandoned old formula of exorcism. the former claiming that to them alone had been transmitted the exorcising power conferred by Christ upon his apostles. to " forsake the and all his works. which still hold a place in the ritual. hysteria. The Catholic Church.Capital Punishment of Animals 71 devil through a sponsor. and milder forms of mental alienation. are either the direct result of dia- . of the magic potency formerly ascribed to them. nearly all so-called nervous diseases. epilepsy. but are now who have no conception repeated in a perfunctory manner by persons. there is a chapter on the mode of helping those who are afflicted by demons (Modus juvandi The author maintains that afflicios a daemone). women and cattle may be possessed by devils and prescribes the means In a work entitled Rituale of their expulsion. still holds that men. it in principle it and have recently endeavoured to revive in practice." These words. 185 1). on the contrary. insanity. ecclesiasticum ad usum clericorum S. if an infant. Fransisci by Pater Franz Xaver Lohbauer (Munich. are a survival of the In the seventeenth century there was a keen competition between the Roman Catholic and the Lutheran clergy in casting out devils.

The adversary is constantly lying in wait watching for and trying to produce physical derangements as breaches in the w'all. and there can be no cure until the evil one is cast out. According to Father Lohbauer. A sound mind in a sound body may make a man devil-proof. the public is warned against counterfeits. to the parts especially The physician should keep himself affected. This is the office of the priest the physician then heals the physical disorder. repairing the damage done to the body. In all cases of this sort the priest is to be called in with the physician. Thus science and religion are bolical agencies or attended . as it were. Exorcisms and conjurations are not only to be spoken over the patient. but also to be written on slips of consecrated paper and applied. and the medicines are to be blessed and sprinkled with holy water before being administered. and no exorcism is genuine unless it is stamped with the seal and bears the signature of the bishop of the diocese. to be used when it is impossible for a priest to be present. As with patent medicines.72 The Criminal Prosecution and and greatly aggravated by them. supplied wath these written exorcisms. but Satan is quick to take advantage of his infirmities in order to get possession of his person. the demon is the efficient cause of the malady. and. like a plaster. . through which he may rush in and capture the citadel of the soul. stopping the gaps with his drugs so as to prevent the demon from getting in again.

Theobald Bischofberger described and defended the practice of the papal see. and was demon claimed by Bishop Laurentius. In 1849 the Bishop of Passau published a Manuale Benedictionum. a formula of His Holiness never failed to repeat this exorcism in his daily prayers. who was justly esteemed as a man of more than ordinary intelligence and more thoroughly imbued with the modern spirit than any of his precomposed and issued. and Pope Leo XIII. That these formulas are still deemed highly efficacious is evident from the many recent cases in which they have been employed. in this respect. and commended it to the bishops and other clergy as a potent means of warding off the assaults of Satan and of casting out devils. and as late as 1893 Dr. Exorcismus in Satanam et Angelas Apostatas worthy of a place in any medidecessors. The Catholic Church has a general form of Benedictio a daemone vexatorum. in a brochure printed in Stuttgart and entitled Die Verwaltung des Exorcistats nach Massgabe der rbmischen Benediktionale.. and appears to have rivalled Parson Stocker and Rector Ahlwardt in Anticast out to be . November 19.Capital Punishment of Animals reconciled 73 for and work together harmoniously the healing of mankind. Thus in 1842 a devil named Ro-ro-ro-ro took possession of " a maiden of angelic beauty " in Luxemburg aeval collection of conjurations. 1890. for the relief of those vexed by demons. This one of the archangels expelled from heaven.

Monitor. Haijunikel. in melancholy tones. he cried out derisively Jew! Didn't he have to drink gall?" When commanded to depart. when Father Jordan said. which.74 The Criminal . he begged that he might go into some Jew. of Reromfex were the most important. nth. however. Shulium. as Father Jordan states. Lucifer was especially rude and saucy in his remarks. and was exorcised by Father Jordan. The bishop. burning. causing them to wTithe to and fro. for example. acted upon them like poison. ever' The voice was so sad. Sefilie. Latibor. and were not completely discomfited and driven back into the infernal regions until February 23rd. " moaning as he went. and then only by using the water of Lourdes. " Every knee in heaven and on the . had we not known lastingly burning in hell!' that it was the devil. Ritu. refused to give him leave and bade him "go to hell. Burning. that mentioned. and satellites. It took about an hour and a half to cast out these demons the first time. Exaltor." adds the bishop. 1887. In this instance the leading spirit was Lucifer himself." Again. Thus." which he forthwith did. a lay brother connected with an educa- Rome became diabolically possessed on January 3. that seemed to issue from the bowels of the earth. but they renewed their assaults on February loth. " that we should have wept for sheer compassion. and 17th. Prosecution and the Semitic animosity when name of Jesus : was " O. attended by a host of tional institute in whom Lignifex.

who. Richard Treufels. and entitled Die Teufelsaustreihung in Wemding. " Not Luci. the the author. account of the affair by the exorcist himself. confirmed . not Luci never!" It would be easy to multiply authentic reports of things of this sort that have happened within the memory of the present generation. with the sanction of the bishops of Augsburg and EichIn the latter case we have a circumstantial statt. Father Aurelian." Christ.Capital Punishment of Animals earth shall y^ bow to the name of Jesus. As for myself I have the authority of two bishops. such as the exorcism of a woman of twenty-seven at Laas in the Tyrol in the spring of 1892." In a pamphlet on this subject printed at Munich in 1892. gave his disciples power and authority traditions of all nations of ancient sion "is an incontestable fact. 1891. declaring by the and modern times. in conclusion. and by the teaching and practice of the Catholic Church." the fallen " Son of the Morning " retorted. is in the possession of the devil in hell. by the unequivocal testimony of the Old and New Testaments. uses the following strong language " Whosoever denies demoniacal possession in our days confesses thereby that he has gone astray from the teaching of the Catholic Church but he will believe in it when he himself — : . July 13th and 14th. and the expulsion of an evil spirit from a boy ten years of age at Wemding in Bavaria by a capuchin. takes that diabolical posses- same view. he says.

living in the vicinity of a ." and that cranks like Guiteau. watching for our fall and exultant if they can accomplish it."jb The Criminal all is Prosecution and them out. but is held by Protestants. and the same upon every priest by it over his devils to cast power divinely conferred consecration. putting their metaphysical aid " of the conjurer rather than in medical advice and veterinary faith in the " skill. Dr. who are considered persons of education and superior culture. believe possession the of diabolical and attribute cattle to most maladies of men and murrain in the direct agency of Satan." But while affirming that " evil spirits exercise an influence over mankind. are diabolically possessed. Doubtless modern science by investigating the laws and forces of nature is gradually diminishing the realm of superstition but there are vast low-lying plains of humanity that have not yet It felt its enlightening and elevating influence. that call the impulses of our lower nature whispered suggestions of fiend-like natures. the assassin *' what we the are of President Garfield. cloister in and darkened by reality its shadow. although is never to be exercised without the permission of his bishop. . Unfortunately this belief is not confined to Catholics and boors. has been estimated that nine-tenths of the rural population of Europe and ninety-nine hundredths of the peasantry. Lyman Abbott asserted in a sermon preached in Plymouth Church.

effects According a cure by to this theory the its exorcism powerful action on the imagination. but has the courage of his convictions and goes solemnly to work with bell. The Catholic priest holds the same view. it is expressly stated by the evangelist that Jesus did not attempt to do wonderful works among people who did not believe. Bd. therefore. p. " exerts a salutary influence upon the brain through the respect and dignity which he inspires. book and candle to effect the expulsion of the indwelling fiend. Professor Dr." Indeed. gives a psychological explanation of these puzzling phenomena. but this inference is wholly incorrect. Professor Hoppe. for which a wise physician administers bread pills and a weak solution of powdered sugar as the safest and best medicaments. in an essay on Dei Teufels. Hoppe.Capital Punishment of Animals ^j the reverend divine would hardly risk his reputation for sanity by attempting to exorcise the supposed demon." he says. The fact that such methods of healing are sometimes successful is adduced as conclusive proof of their miraculous character. approves of ' ' priestly con- jurations for the expulsion of devils as a psychi- . just as Christ in his day wrought upon those who were sick and possessed with devils. LV.und Geisterglauhe und die psychologische Erkldrung des Besessenseins (Allgemeine Zeitschrift fiir Psychiatrie. " The priest. just as there are frequent ailments. 290).

and maintains that where cures actually occurred they " were not due to a miracle or any direct interference of God with the established order of things. The bishop had printed what he called " documentary proofs. Dr. in a pamphlet entitled Der Trierer Rock und Jahre 1891 (Saarbriicken : Carl Schmidtke. Dr." He quotes the late Professor Charcot. Felix Korum. that certain persons suffering chiefly from diseases of the nervous system had been healed. This opinion is endorsed by a Catholic priest. Forel." consisting of certificates issued by obscure curates and country doctors. The author belongs to the diocese of Trier and is therefore under the jurisdiction of the bishop. 1894). or auto-suggestion originating in the person's own seine Patienten vom .78 cal The Criminal Prosecution and means of healing. Jaskowski shows that in several instances the persons said to have found relief died shortly afterwards. and sought to discover in these cures the working of divine agencies." and thinks that the more ceremoniously the rite can be performed in the presence of grave and venerable witnesses. Friedrich Jaskowski. and other neuropathologists to establish the fact that hetero-suggestion emanating from a physician or priest. whose statements concerning the miracles wrought and the evidences of divine mercy mani" fested during the exhibition of the " holy coat in 1891 he courageously reviews and conclusively refutes. the more effective it will be. but happened in a purely natural manner.

that in a certain place the people's lack of faith prevented Jesus from doing many wondrous works. which is now recognized by the most eminent physicians. The Bishop of Bamberg in Bavaria has been stigmatized as a hypocrite because he sends the . some few of the hundreds of pilgrims may have been restored to health by touching the holy coat of Trier. and does not deny that on this principle." This is precisely the position taken by Jesus himself. 79 may often be the most effective is remedy In auto- for neurotic disorders of every liind." Jaskowski also quotes the declaration of the : evangelist referred to above. 1895. be of good to the woman and said comfort. and approaching Jesus said within herself: " If 1 may but touch his garment. will afford relief. and there is no doubt that the popular belief in Bishop Korum's assertion that it is the same garment which Jesus wore and the woman touched. thy faith hath made thee whole. suggestion the patient possessed with the fixed idea that the doing of a certain thing. which may be in itself absolutely indifferent. would greatly increase its healing efficacy through the force of auto-suggestion (see my article on " Recent Recrudescence of Superstition " in Appleton's Popular Science Monthly for Oct.Capital Punishment of Animals mind. As an example of this faith-cure Jaskowski refers to the woman who was diseased with an issue of blood. 762-66). pp. who turned " Daughter. I shall be whole.

Professor Charcot. But in so doing he is not guilty of any inconsistency. and the gradual Christianity diffusion of would constantly diminish the supply of human beings available as their proper habitations. character The nervous affections. it " hath no skill in surgery. of In some cases he did not hesitate to prescribe a pilgrimage to the shrine any saint for whom the patient may have had a peculiar reverence.8o The Criminal Prosecution and infirm of his flock on a pilgrimage to Lourdes or Laas or some other holy shrine. as already mentioned. since a journey to sacred places and contact with sacred relics would not act upon him with the same force as upon the ignorant and superstitious masses of his diocese. His conduct only evinces his disbelief in the for himself the profane waters of of the remedies he distinguished French physician. but in no instance in his experience did faith or exorcism or hagiolatry heal an organic disease. recognized the curative power of faith under certain circumstances. of honour is equally true of faith. The ultimate con- . P^re Bougeant's theory of the diabolical possession of pagans and unbaptized persons would provide for comparatively few devils. and occasionally found it eminently successful in hysterical and other purely supernatural prescribes. while he prefers Karlsbad or Kissingen. set a dislocated joint or What Falstaff says restore an amputated limb." But to return from this digression.

the mind works through material organs. foresight. knowledge. Their defects are. how humiliating it must be for them to see themselves thus embruted Whether they are conscious of it or not. their thoughts and all their mental operations must be less perfect. adds. This hypothesis. as I have discovered. display these qualities in a higher degree. and a spiritual principle or soul without running counter to the truths of religion. he " enables me to ascribe to the lower animals thought. and. so far from being astonished at their manifestations of intelligence. it follows that their exhibitions of intelligence. and thus create an extremely undesirtion able diabolical proletariat. which dwell air or fill the waters of the rivers upon the earth or fly in the and the seas. since their soul is probably far more perfect than ours. Indeed. this deep degradation is 6 ! . produce serious domiciliary destitu- and distress among the evil spirits and set immense numbers of them hopelessly adrift as vagabonds. I am rather surprised that they do not feeling. This difficulty is avoided by assuming that the vast majority of devils are incarnate in the billions of beasts of all kinds. memory and reason.Capital Punishment of Animals 8 r version of the whole world and the custom of baptizing infants as soon as they are born would. therefore. owing to the fact that in brute as in us. and inasmuch as these organs are grosser and less perfect in the lower animals than in man. if these proud spirits are conscious of their condition.

by the physical organism. not demon that really suffers. are subjected to a supererogation of suffering at As the pious Parsi the hands of ruthless man. It is the embodied inflicted is felt. Hence in countries. where the influence of Catholicism has been supreme for centuries. the Christian Church has never deemed it a duty to take the lower animals under its pro- tection or to inculcate ordinary natural kindness towards them.82 the The Criminal first Prosecution and act of God's vengeance executed on his foes. but by the animated spirit. he goes on to explain. and all-powerful maker and ruler For this reason. It is a foretaste of hell. of which they are the Whatever pain is visible and bruisable forms. sumpter-mules and pack-horses. asses. howling in the beaten dog and squealing in the butchered pig. is it possible to justify the ways of man to the lower animals and to reconcile his cruel treatment of them with the goodness of an all-wise of the universe. not only are wild birds and beasts of chase relentlessly slaughtered and exterminated. but even useful domestic animals. so the good Catholic becomes an efficient co-worker with God by maltreating brutes and thus aiding the Almighty in punishing the devils." Only by such an assumption. . as our author proceeds to show. conscientiously comes killing up to the help of Ahuram- azda against the malevolent Angro-mainyush by as many as possible of the creatures which the latter has made. like Italy and Spain.

" What matters " whether it is a it." The crafty disciple of Loyola. according religion. the parrot we feed with sugar. who cannot bear to think that the animals. elusive of disagreeable deductions.. of whom. If it be said that these poor creatures. as I live pleasantly with a multitude of persons. are nothing but But devils predestined to everlasting torture. but do not hold myself responsible for the terrible sentence I leave the execution of the dread decision to the sovereign judge and continue to live with my little devils. Capital Punishment of Animals 83 There are doubtless many persons of tender susceptibilities." replies the Jesuit Father." . this idea pleases rather than repels me and I recognize with gratitude the beneficence of the Creator in having provided me with so many little devils for my use and entertainment. are foreordained to eternal torments. the pretty pug we caress and the noble horse. I can only adore the decrees of God. is content to accept the poodle in its phenomenal form and to make the most of it. without troubling himself about " des Pudels Kern. these purely sentimental considerations are of no weight in the scale of reason. to the teachings of our holy the great majority will be damned. . which ministers to our comfort and convenience. whose daily companionship we enjoy. devil or another kind of creature that is in our service or contributes to our amusement? For my part. which we have learned to love and so fondly cherish.

semper. and the Christian Satan betrays devil an ass " his presence by the cloven solid hoof of the horse. and doctrinal orthoconfined to Christendom in its application and does not consider the views of persons outside of the body of believers. In the question under discussion the argument is not from is subject to such limitations. by which the Roman hierarchy is is willing to have its claims to ecclesiastical catholicity doxy tested. quod ubique. Baal-zebub fly-god.84 The Criminal Prosecution and This doctrine. quod ab omnibus. which is the debris of exploded mythologies adrift on the . If the maxim universitas non delinquit has the same validity in the province of philosophy as in that of law. showing that there not a civilized nation or savage tribe on the face of the earth. which has been so often and so effectively urged in proof of the existence of God. That " the that it means a truth so palpable has passed into a proverb. is amply illustrated and confirmed by an appeal to the consentient opinion of mankind or the argument from universal belief. but gathers testimony all races and religions. which does not regard or has not regarded the lower animals as embodiments of evil spirits and sought is to propitiate is them. foot of the goat or the In folk-lore. then we are justified in assuming that the whole human race cannot go wrong even in purely metaphysical speculation and that unanimity in error is a psychological The criterion of truth. quod impossibility. he thinks.

Capital Punishment of Animals


stream of popular tradition, cats, dogs, otters,
apes, ravens, blaclccocks', capercailzies, rabbits,










varieties of insects, reptiles

incarnations and instruments of the devil

and vermin figure as and

Mephistopheles reveals himself to Faust as

Der Herr der Ratten und der Mause, Der Fliegen, Frosche, Wanzen, Lause."

"The Lord of rats and of the mice. Of flies and frogs, bed-bugs and lice.''

The worship
that they are

of animals originates in the belief

embodiments of devils, so that which holds such a prominent place in primitive religions, is only a specific form of

demonolatry. The objection that a flea or a fly, a mite or a mosquito is too small a creature to furnish fit lodgment for a demon. Father Bougeant dismisses with an indulgent smile and disparaging shrug as implying a gross misconception of the nature and properties of spirit,



without extension or dimension and
of organized

therefore capable of animating the most diminuparticle


are purely relative terms.

Large and God, he says,

could have made man as small as the tiniest puceron without any decrease of his spiritual powers. " It is, therefore, no more difficult to believe that a devil may be incorporated in the delicate body of a gnat than in the huge bulk of



Criminal Prosecution and

an elephant." The size of the physical habitation, in which spirits take up their temporary abode, is a thing of no consequence. In fact, devils in the forms of gnats and tiny insects were thought to be especially dangerous, since one might swallow them unawares and thus become
diabolically possessed. The demon, liberated by the death and dissolution of the insect, was supposed to make a tenement of the unfortunate

person's stomach, producing gripes and playing ventriloquous tricks. Thus it is recorded in the Der Dies Caniculuares of Majolus (Meyer Aberglaube des Mittelalters, p. 296-7) that a young maiden in the Erzgebirge near Joachimsthal, in 1559, swallowed a fly, while drinking beer. The evil spirit, incarnate in the fly, took

of her, thus attracting

possession of the maiden and began to speak out crowds of people, who put

questions to the devil and tried to drive him out in which the unhappy girl sometimes joined, greatly to her discomfort, since the devil

by prayers,

waxed exceeding wroth and unruly and caused her much suffering, whenever she uttered the name of Christ. Finally the parish priest had
her brought into the church, where he succeeded with considerable difficulty in exorcising her. The stubborn demon resisted for two years all efforts to cast him out; he even tried to compromise with the girl, promising to be content with a finger nail or a single hair of her head, but she declined all overtures, and he was at last


Capital Punishment of Animals
expelled by


which midday. As the human soul is released by death, so the extinction of life in any animal sets its devil free, who, instead of entering upon a spiritual state of existence, goes into the egg or embryo of another animal and resumes his penal bondage " Thus a devil, after having been a to the flesh. cat or a goat, may pass, not by choice, but by
of a potent conjuration,


lasted from midnight

constraint, into the


of a bird, a fish or a

who make a lucky and become household pets, instead of beasts of burden or of slaughter. The lottery of destiny bars them the right of voluntary choosing."


are those

The doctrine of transmigration, continues our author, " which Pythagoras taught of yore and
some Indian sages hold to-day, is untenable in its application to men and contrary to religion,
admirably into the system already set and shocks Furtherneither our faith nor our reason." more, it explains why "all species of animals produce many more eggs or embryos than are necessary to propagate their kind and to provide for a normal increase." Of the millions of germs, of which " great creating nature " is so prolific, comparatively few ever develop into living creatures; only those which are vivified by a devil are evolved into complete organisms This seeming superfluity and the others perish. waste can be most easily reconciled with the carebut
it fits

forth concerning the nature of beasts,


The Criminal
economy and wise

Prosecution ana
frugality of

nature by


as a manifestation of the bountiful


providence of God in preventing " any lack of occupation or abode on the part of the devils," which are being constantly disembodied and re-embodied. " This accounts for the prodigious clouds of locusts and countless hosts of caterpillars, which suddenly desolate our fields and gardens. The cause of these astonishing multiplications has been sought in cold, heat, rain and wind, but the real reason is that, at the time of their appearance, extraordinary quantities of animals have died or their embryos been destroyed, so that the devils that animated them were compelled to avail themselves at once of whatever species they found most ready to receive them, which would naturally be the

superabundant eggs of insects." The more profoundly this subject is investigated, he concludes, and the more light our observations and researches throw upon it from all sides, the more probable does the hypothesis here suggested in
explanation of the puzzling phenomena of animal life and intelligence appear. Father Bougeant calls his lucubration " a newsystem of philosophy "; but this is not strictly true. He has only given a fuller and more facetious exposition of a doctrine taught by









by Thomas Aquinas, whose authority as a thinker Pope Leo XIII.


Capital Punishment of Animals


recognized and earnestly sought to

Bougeant's ingenious dissertation has a vein of irony or at least a strain of jocundity in it, approaching at times so perilously near the fatal brink of persiflage, that one cannot help surmising an intention to render the whole thing ridiculous in a witty and underhand way eminently compatible with Jesuitical habits of mind; but whether serious or satirical, his treatise is an excellent example and illustration of the kind of dialectic
restore to its former prestige. hair-splitting





passed for reasoning in the early and middle ages of the Christian era, and which the greatest scholars and acutest intellects of those days fondly indulged in and seem to have been fully satisfied with. Here, too, we come upon the metaphysical and theological groundwork, upon which was reared by a strictly logical process a

excommuniand criminal prosecution against bugs and beasts. He protests with never-tiring and needvast superstructure of ecclesiastical


less iteration

his absolute devotion to the pre;

cepts of religion

indeed, like the lady in the play, he " protests too much, methinks." In all

humbleness and submission he bows to the authority of the Church, and would not touch the
ark of the covenant even with the tip of his finger, but his easy acquiescence has an air of perfunctoriness, and in his assenting lips there lurks a secret, semi-sarcastic leer, which casts


The Criminal

Prosecution and

at the principles

suspicion on his words and looks like poking fun he professes and turning them

into raillery.

Indeed, such covert derision would have been a suitable way of ridiculing the gross popular superstition of his time, which saw a diabolical incarnation in every unfamiliar form of animal

During the




the sixteenth

century a Swiss naturalist named Thurneysser, who held the position of physician in ordinary to the Elector Johann Georg von Brandenburg, kept some scorpions bottled in olive oil, which were feared by the common people as terrible devils endowed with magic power (fiirchterliche Zauberteufel). Thurneysser presented also to Basel, his native city, a large elk, which had been given to him by Prince Radziwil but the good Baselers looked upon the strange animal as a most dangerous demon, and a pious



finally rid the


by feeding

town of the dreaded with an apple stuck full of

broken needles.
distinguished Spanish theologian of the sixMartin Azpilcueta, commonly known as Dr. Navarre, refers, in his work on excommunication, to a case in which anathemas were fulminated against certain large sea-createenth century,


which infested the waters of Sorrento and destroyed the nets of the fishermen. He speaks of them as " fish or cacodemons " {pisces seu cacodemones)^ and maintures called terones,

Capital Punishment of Animals


tains that they are subject to anathematization,

not as fish, but only as devils. In his Five Counsels and other tractates on this subject (Opera, Lyons, 1589 reprinted at Venice, 1601-2, and at Cologne, 1616) he often takes issue with Chassen^e on minor points, but the French jurist and the Spanish divine agree on the main



interest to add, that a

it may be a matter of German neuropathologist



ascribes epilepsy
infection "


Herr von Bodelschwingh, what he calls " demonic


to the presence of the bacillus

who are subject microbe, to which the jocose scientist has been pleased to give this name, differs from all other bacilli hitherto discovered in having two horns and a tail, although the most powerful lenses have not yet revealed any traces of a cloven foot. An additional indication of its infernal qualities is the fact that it liquefies the gelatine, with which it comes in contact, and turns it black, emitting at the same time a pestilential stench. Doubtless this discovery will be hailed by theologians as a striking confirmation of divine revelation by modern
inf emails in the blood of those



science, proving that our forefathers were right
in attributing the falling-sickness to diabolical

that it was a legion of which went out of the tombhaunting man into the Gadarene swine and drove



know now

bacilli infernales


The Criminal

Prosecution and

them tumultuously over a precipice into the sea. In fact, who can tell what microbes really are P^re Bougeant would certainly have regarded them as nothing less than microscopic devils. The Savoyan jurist, Gaspard Bailly, in the

second part of the disquisition entitled Traite des Monitoires, already mentioned, treats " Of the Excellence of Monitories " and discusses the main points touching the criminal prosecution and punishment of insects. He begins by saying that " one should not contemn monitories (a general term for anathemas, bans and excommunications), seeing that they are matters of great importance, inasmuch as they bear with them the deadliest sword, wielded by our holy mother, the Church, to wit, the power of excommunication, which cutteth the dry wood and the green, sparing neither the quick nor the dead, and smiting not only rational beings, but turning its edge also against irrational creatures; since it hath been shown at sundry times and in divers places, that worms and insects, which were devouring the fruits of the earth, have been excommunicated and, in obedience to the commands of the Church, have withdrawn from the
cultivated fields to the places prescribed

by the

bishop who had been appointed to adjudge and to adjure them." M. Bailly then cites numerous instances of this kind, in which a w-riter on logic would find ample
illustrations of the fallacy


as post hoc,

devouring the hay. after so many other woes. Bartholomew's Day. These insects " were as long as a man's finger. consuming the crops and laying eggs and leaving a numerous progeny. e. caused many persons to perish with hunger. identified in the popular mind with Tartarus. which " came. In the year 1338. Duke of Burgundy. He quotes some florid lines from the poet Altiat descriptive of these devastating swarms. A prosecu- . which seemed destined to continue the work of destruction indefinitely. and by destroying the crops. and leaving only vain wisheSj where the hopes of August stood. fifteenth century. a cloud of locusts fell upon Lombardy. these creatures began to devastate the region round Botzen in the Tyrol. on St. the millet and the corn. under the leadership of Eurus (i. with large heads and bellies filled with vileness. obscuring the sun in their flight and covering the plains of Poland a cubit deep." Another instance is given. which even carrion kites and carnivorous beasts could not endure. and when dead they infected the air and gave forth a stench. more destructive than the hordes of Attila or the camps of Corsicans. but were dispersed by excommunication. a plague of locusts threatened the province of Mantua in Northern Italy with famine." Again in 1541. brought by the east wind). 93 Thus in the latter half of the during the reign of Charles the Bold. in which swarms of four-winged insects came from Tartary.Capital Punishment of Animals ergo -propter hoc.

even when the anathema was pronounced." and anathematized them " in the name of the Blessed therefore instituted against the court at Trinity." Owing to the sins of the people and their remissness in the matter of tithes the devouring insects resisted for a time the power of the Church. enormous quantities of locusts. but finally disappeared." laid waste the most fertile provinces of France. Father. Augustine in the last book of De Civitate Dei as having occurred in Africa and caused the death of 800. a large market-town about ten miles south of Botzen. Son and Holy Ghost.. " having six wings with two teeth harder than flint " and " darkening the sky and whitening the air like a snowstorm. with like disastrous results. and being washed ashore sent forth a putrescent smell and produced a fearful pestilence. Precisely the same phenomenon. and. the departed of their insects own free-will after appear to have having eaten . early in the twelfth century. then as now famous for its wines.94 tion The Criminal was ecclesiastical Prosecution and them before Kaltern. This he did by the solemn ceremony of '* inch of candle. Under the reign of Lotharius II. In the majority of cases adduced there is no evidence that the Church intervened at all with its fulminations. and the parish priest instructed to proceed against them with the sentence of excommunication in accordance with the verdict of the tribunal.000 persons. is described by St. Many of them perished in the rivers and the sea.

the replication of the inhabitants (replique des habitans). accustomed to reason and to know what sound reasoning is. and the sentence judge (sentence du juge solemnly pronounced in Latin. First in order comes that in the petition of the inhabitants seeking redress {requeste des habitans). being even more heavily weighted with the spoils of erudition than the set speech of a member of the British Parliament. rejoinders. of the ecclesiastical d'eglise). and yet M. the rejoinder of the defendant (replique du defendeur). dis- by study. Bailly 's which he shows how actions of this kind should be brought and conducted. goes on giving accounts of such scourges. and decisions. The most important work is portion of M. as though they proved in some mysterious way the effectiveness of ecclesiastical excommunications and formed a cumulative argument in support of such claims. which is followed in regular succession by the declaration or plea of the inhabitants {plaidoyer des habitans). which is . the defensive allegation or plea for the insects (plaidoyer pour les insectes).Capital Punishment of Animals 95 up every green thing and reduced the inhabitants to the verge of starvation. The pleadings on both sides are delivered in French and richly interlarded with classical allusions and Latin quotations. supposed ciplined to be a man of judicial mind. Bailly. with specimens of plaints. the conclusions of the bishop's proctor (conclusions du procureur episcopal). replications. pleas.

g6 The Criminal Prosecution and The following abridgment of the plea. which destroyed the fruits of the earth and the cattle and assailed even the husbandmen themrelated in the first by Homer or those of the foxes sent selves. as the inhabitants of the islands Majorica and Minorica formerly sent an embassy to Augustus Caesar. . . nor moved by any prayer. nor tempered by equity. in which the prosecuting attorney sets forth the cause of complaint. Witness the mothers. and you have too much kindness and compassion to permit my clients to be involved in such distress. nee ulla nee prece ulla flectitur esuriens populus: for a starving people is not amenable to reason. as by book of the Iliad. You know how great are the evils which famine brings with it. ravages like those of the boar that laid waste the environs of Calydon. appeal to your sense : of justice. thus con- straining them to perpetrate cruel and unlawful patitur. deeds nee enim rationem aequitate mitigatur. these poor people on their knees and with tearful eyes. praying him for a cohort of soldiers to exterminate the rabbits. in their fields and consuming their In the power of excommunication you have a weapon more effective than any wielded that emperor to save these poor suppliants from impending famine produced by the ravages of little beasts. which were burrowing crops. by Themis to Thebes. is a fair specimen of the forensic eloquence displayed on such occasions *' Gentlemen. which spare neither the corn nor the vines.

lugging in what Milton calls a " horseload of citations" from Arianus Marcellinus. therefore. suffice for your information concerning the damage done by these animals.Capital Punishment of Animals of 97 of whom it is recorded in the Fourth Book the Kings. remains. ordering them to quit the aforesaid fields and to withdraw to the place assigned them. to this effect. Ovid and other Latin prosaists and poets. that they ate their own children. only to adjudicate upon the case in accordance with the facts stated in the Petition of the Plaintiffs. after complying with the usual forms. Give thy son that we and we will eat my son to: ' morrow. pronouncing the necessary anathemas and execrations prescribed by our Holy Mother." It is doubtful whether any speaking for Buncombe in the halls of Congress or any spouting of an ignorant bumpkin in the moot-court of an American law-school ever produced such a tioners 7 . It of an examination of the fields. the Church. and. to enjoin these animals from continuing their devastations. introduces an utterly irrelevant allusion to Joshua and the crafty Gibeonites. and concludes as follows " The full reports received as the result : made at your command. which is right and reasonable.' " The advocate then discourses at length of the horrors of hunger and its disastrous effects upon the individual and the community. the one saying to the other may eat him to-day. for which your petido ever pray.

that the summons served on them is null and void. the judge. I will state. and. but equally overburdened with legal lore and literary pedantry. as though they had committed some crime. wishing that they should not suffer wrong on account of this defect. since they are notoriously dumb. Rather more to the point. " Since you have permitted me to appear in defence of these poor animals. which they themselves are unable to . allege. I confess that I am greatly astonished at the treatment they have been subjected to and at the charges brought against them. inasmuch as such a .98 The Criminal Prosecution and and impertin- rhetorical hotchpotch of " matter ency mixed " as the earnest plea. having been issued against beasts. an it please you. inasmuch as you have chosen me to defend these little beasts (bestioles). Thus information has been procured touching the damage said to have been done by them they have been summoned to appear before this court to answer for their conduct. has appointed an advocate to speak in their behalf and to set forth in conformity with right and justice the reasons. endeavour to right them and to show that the manner of proceeding is : against them is invalid and void. I shall. which cannot and ought not to be cited before this judgment seat. the rejoinder of the counsel for the insects " Gentlemen. of which the above is a brief abstract. in the first place.

they are not bound in any manner. since. neque ex stipulatione. " Furthermore. etc. As regards these animals there is no causa justa litigandi. in the first book of the Pandects. neque ex pacto. " The second ground. which. is that no one can be judicially summoned without cause. tern. quod sensu caret. on which I base the defence of my clients. being incompetent to make contracts or to enter into any compact or covenant whatsoever. litig. where we find these words Nee enim potest animal injuriam fecisse. as the philosopher affirms. Now I leave it to you to . can there be any question of a delict or any semblance thereof. does nothing mal a propos or in vain Deus enim et Natura nihil operantur frustra. it is illicit to do that which is nugatory and of non-effect {qui ne porte coup) in this respect justice is like nature. nan tenentur ex contractu. neque ex quasi contractu. not the case with these creatures is clear from the paragraph Si quadrupes. the rational faculties essential : to the capability of committing criminal actions are wanting. : . as has just been shown. and whoever has had such a summons served renders himself liable to the penalty prescribed by the statute De poen. and still less ex delicto seu quasi..Capital Punishment of Animals 99 procedure implies that the parties summoned are endowed with reason and volition and are thereThat this is fore capable of committing crime.

the very nature of excommunication is such that it cannot be pronounced against them. : : debet.loo The Criminal Prosecution and decide whether anything could be more futile than to summon these irrational creatures. But these animals cannot be expelled from the Church. Furthermore. still less are they able to present memorials stating grounds of their justification. vel quolibet legitimo actu separatio. the proceedings dependent upon it will not be able to stand cum enim 'principalis causa non consistat. because they are not members of it and do not fall under its jurisdic- . In like manner the invalidity of the summons bars any charge of contempt of court and condemnation for contumacy. neque ea quae consequuntur locum habent. If then. of which the extract just given may suffice as a sample. since it is defined as extra ecclesiam positio. which is the basis of all and void. is null shown. and cites legal authorities to show that the incompetency of the principal implies the incompetency of the proxy. For this reason he maintains that the judge cannot appoint a procurator to represent them. vel e qualibet communione. upon the irrationality and consequent irresponsibility of his clients. in conformity with the maxim quod directe per indirectum concedi non fieri prohibetur." The counsel for the defence rests his argument. which can neither speak for themselves. nor appoint proxies to defend their cause. the summons. as I have judicial action.

non est.Capital Punishment of Animals tion. . and about a dozen lines from the Metamorphoses of Ovid in confirmation of this fact. which shall destroy you and your cattle and make you few in number. he maintains that his clients are agents of the Almighty sent to punish us for our sins. cannot be affected by such sentence. as the apostle : loi that are within out. who has said "I will send wild beasts among you. medicina quandam consequentiam. Finally. he : thinks cites is as true now as before the deluge. cujus The animal soul." a right which cannot be curtailed or abrogated." That all flesh has corrupted its way upon the earth. not being immortal. A still more important consideration is that these insects are only exercising an innate right conferred upon them at their creation." corpus. nisi per Paul says " Ye judge them and not them also that are withExcommunicatio afjicit animam. In conclusion he demands the acquittal of the defendants and their exemption from all further prosecution. involves the loss of eternal salvation (quae vergit in dispendimn aeternae salutis). simply because it may be offensive to man. the which Epistle of Jude and the works of Thomas Aquinas. when God expressly gave them "every green herb for meat. In support of this view he quotes passages from Cicero's treatise De Officiis. and to hurl anathemas against them would be to fight against God (s'en prendre a Dieu).

the beasts of the field. Guided by the Holy Spirit she does nothing unwisely. that. the fish of the sea and whatsoever passeth through the paths of the seas. the fowl of the air. as in the case of an insane person. in the words of the Psalmist. to prevent the com- mission of a crime by putting the strait-jacket or madman in a throwing him into prison. the Church. it may intervene. He elucidates this principle illustration by a rather far-fetched from the legal enactments concerning betrothal and breach of promise of marriage. having. put all things under her feet. inasmuch as this is done in order to prevent them from causing damage henceforth (d'ores en avant) and only incidentally to punish them for injuries already inflicted. while the law may not punish an irrational creature for a crime already committed. in the first place. all sheep and oxen.102 The Criminal Prosecution and his The prosecuting attorney in replication answers these objections in regular order." To affirm that such animals cannot be anathematized and excommunicated is to doubt the authority conferred by God upon his dear spouse. whom he has made the sovereign of the whole world. show- ing. and if there is anything in which she should show forth her power it is in protecting and preserving the most perfect work of her " . " It follows then inferentially that the aforesaid animals can be properly summoned to appear and that the summons is valid.

" The orator then dilates on the grandeur and glory of man and interlards his harangue with quotations from sacred and profane writers. was stayed and annulled by virtue of the excom- . Hugon. Moses. Bishop of Grenoble. in other words he ascribes to them a certain diabolical " But why dwell upon this point. since besides the instances recorded in Holy Writ. in which God curses inanimate things and it is irrational creatures. which infested the warm baths and killed many of the inhabitants by biting them. that if the serpents in that place or in the immediate vicinity bite any one. in the divine that plaintiffs' futile to curse animals as such. who have excommunicated noxious animals. Silius Italicus and Pico di Mirandola." In reply to the statement of Thomas Aquinas. and declares that nothing could be more absurd than to deprive such a being of the fruits of the earth for the sake of " vile and paltry vermin. Ovid. where St. we have an infinite number of examples of holy men. 103 to wit. but as creatures doing harm to man by eating and wasting the products of the soil designed for human sustenance. character. who was made image and likeness. the The venom of the reptile bite is no longer fatal. Pliny.Capital Punishment of Animals heavenly husband. excommunicated the serpents. Now it is well known. the advocate says that they are not viewed merely as animals. Paul. quoted by the counsel for the defence. man. It will suffice to mention one familiar to us all and constantly before our eyes in the town of Aix.

I04 The Criminal Prosecution and munication. which would not be excommunicated. which will not hearken to the voice of charmers. where the wicked are said to be " like the deaf adder that stoppeth her ear. 17) as threatening to "send serpents. is followed by death." That serpents and other poisonous reptiles could be deprived of their venom by enchantment and thus rendered harmless is in accord with the teachings of the Bible. A curious superstition concerning the adder is referred to in the Psalms (Iviii. you. among . The objection that God has sent these insects as a scourge. so that no hurt ensues from the bite." i. is met by saying that to have recourse to the offices of the Church is an act of religion. 4. but humbly recognizes the divine will and makes use of the means appointed for averting the divine wrath and securing the divine favour.e. ii): Thus we read in "Surely the serpent will bite without enchantment. which will not be charmed. and that to anathematize them would be to fight against him. unless it be enchanted and its bite disenvenomed. which does not resist. 5). cockatrices. charming never so wisely." The Lord is also represented by Jeremiah (viii." It does not seem to have occurred to the prosecutor that the defendants might be locusts. and they shall bite you. although the bite of the same kind of serpent outside of the region affected by the ban. Ecclesiastes (x.

: boomerang. the case After the advocates had finished their pleadwas summed up by the episcopal : procurator substantially as follows " The arguments offered by the counsel for the defence against the proceedings institued by the inhabitants as complainants are worthy of and deserve to be examined soberly and maturely." [This notion that an anathema is a dangerous missile him who hurls it unlawfully or for an unjust purpose. survives *' We . come home to roost. " It is truly a deep sea.^^ He suggests it may be " because the people turn a deaf ear to the poor begging at their doors. like chickens." he says. with an anthology of extracts from various writers in praise of alms-giving. " in which it is impossible to touch bottom. but seems to have his brains somewhat muddled by them. because the bolt of excommunication should not be hurled recklessly and careful consideration at random (d la volee). to who hurled it. ."] The bishop's proctor reviews the speeches of the lawyers. cannot tell why God has sent these animals to devour the fruits of the earth this is for us a sealed book (lettres closes). retroacting like an Australian in the homely proverb Curses. being a weapon of such if it peculiar energy and activity that. returns to smite him. fails to it strike the object against which it is hurled." and goes off into a long eulogy on the beauty of charity.Capital Punishment of Animals 105 ings. among which is one from Eusebius descriptive of hell as a cold region.

and Numa Pompilius. have been changed from the house of God into houses On this point he quotes from of assignation. by public rumour. The sentence. the plague of insects may be due to irreverence shown in the churches. which reads more like a homily from the pulpit than a plea at the bar and in the mouth of the bishop's proctor is simply an oratio pro domo. as it were. and concludes by recommending that sentence of excommunication be pronounced upon the insects." declaring that the guilt of the accused has been clearly proved " by the testimony of worthy witnesses and." and inasmuch as the people have humbled themselves before God and supplicated the Church to succour them in their distress. The official begins by stating the case as that of " The People versus Locusts. Tertullian. Augustine. be imposed upon the inhabitants. in quo erit fletus et stridor dentium). he declares. which. it is not fitting to refuse them help . the official gave judgment in favour of the plaintiffs. which was pronounced in Latin befitting the dignity and solemnity of the occasion. Again.io6 The Criminal Prosecution and where the wailing and gnashing of teeth are attributed to the torments of eternal frost instead of everlasting fire (liberaberis ab illo frigore. and that the prayers and penances. condemned the defendants to vacate the premises within six days on pain of anathema. customary in such cases. After this discourse.

and by the authority of the holy apostles Peter and Paul. relying on the counsel of experts. we admonish by these presents the aforesaid locusts and grasshoppers and other animals by whatsoever name they may be called. pronounce and publish our sentence as : follows " In the potent. Father. and to abstain from blasphemies and such other sins as are of a public and . then they are to be anathematized and accursed. not forgetting to join with devout supplications the performance of all good works and especially " the payment of tithes without fraud according to the approved custom of the parish. name and by virtue of God. the animals have refused to obey this injunction. the most blessed Mother of our Lord Jesus Christ. and of Mary. " Walking in the footsteps of the fathers." If." to deliver them from so great a calamity.Capital Punishment of Animals 107 and solace. the dispenser of all good gifts and the dispeller of all evils. the omniSon and Holy Spirit. under pain of malediction and anathema to depart from the vineyards and fields of this district within six days from the publication of this sentence and to do no further damage there or elsewhere. and the inhabitants of all classes are to beseech " Almighty God. on the expiration of this period. having the fear of in his we God before our eyes and confiding mercy. sitting on the judgment-seat. as well as by that which has made us a functionary in this case.

ought to suffer death. animal . but kill and eat any person. in his Decisions of the Parliament of Grenoble (Qu. 238). p. an debeat mori? Dico quod sic/' Jean Duret.io8 The Criminal offensive Prosecution and character. as we have seen. and answers the question unhesitatingly brutuvi in the affirmative sicut : si quandoque faciunt porci qui comedunt pueros. In the writings of mediaeval jurisprudents the and fitness of inflicting judicial punishment upon animals appear to have been generally right admitted. if it commit a crime. in his elaborate Treatise on Pains and Penalties (Traicte des Peines et des Amendes. raises the query. as pigs sometimes do in devouring children. as experidelinquat. ventured to question the propriety and validity of such prosecutions. takes the same view. declaring that " if beasts not only wound. VIII. his scepticism does not seem to have been taken seriously. Thus Guy Pape. Themis Jurisconsulte.) It is doubtful whether one could find in the ponderous tomes of scholastic divinity anything surpassing in comical non sequiturs and sheer nonsense the forensic eloquence of eminent lawyers as transmitted to us in the records of legal proceedings of this kind. whether a brute beast. cf. 57). Although the counsel for the defendants. p." particularly {Vide Ap- pendix B. 250. but was evidently smiled at as the trick of a pettifogger bound to use every artifice to clear his clients.

nevertheless he is not permitted to keep ferocious or malicious beasts and let them run at large. aux entitled Cendres. and not through the instigation of others. so as to be a constant peril to the community. the ashes and the memory of the dead. aux Choses inanimees et aux Contumax. in 1591. Jodocus Damhouder. if it commits the crime through natural malice. they should pay the forfeit of their lives and be condemned to be hanged and strangled. discusses this question in his Rerum Criminalium Praxis (cap. lieutenant-criminel au siege presidial d' Angers.Capital Punishment of Animals 109 ence has shown to happen frequently in cases Httle children being eaten by pigs. a small quarto Des Procez faicts au Cadaver. Occasionally a more enlightened jurist had the common-sense and courage to protest against such perversions and travesties of justice. aux Bestes brutes." The distinguished Belgian jurist. but that the owner can redeem it by paying for the damage done. Curiously enough a case somewhat analogous to those discussed by Pierre Ayrault was adjudicated upon only a few years ago. in order to efface the memory of the enormity of the deed. published at Angers. Thus Pierre Ayrault. in which he argued that corpses. brute beasts and inanimate things are not legal persons (legales homines) and therefore do not come within the jurisdiction of a court. A of : . a la Memoire. CXLIL). and holds that the beast is punishable.

cause a man's memory to be cherished is the form of bequest which makes the public weal The Chinese still hold to the barhis legatee. 1888. Felix Hemmerlein. the cadaver of a salt-smuggler. a distinguished doctor of canon law and protomartyr of religious reform in Switzerland. which were accordingly cited to . On the 6th of August. barous custom of bringing corpses to trial and passing sentence upon them. The same principle would apply to the infliction of penalties upon such The only kind of legacy that will subjects. better known as Malleolus. which was declared null and void by the court on the ground that " a subject income to be The Criminal Prosecution and his property to his Frenchman bequeathed to be administered. states in his Tractatus de Exorcismis. This sentence was carried out by the proper officers on the place of execution outside of the prison. that in the four- teenth century the peasants of the Electorate of Mayence brought a complaint against some Spanish flies. the own was expended for the preservation of his mortal remains and the adornment of the magnificent mausoleum in which they were sepulchred. west gate of the city. in behalf of which his entire estate deprived of individuality or of civil personality " could not inherit. who was wounded in the capture and died in was brought before the criminal court in Shanghai and condemned to be beheaded. His heirs-at-law contested the will.

kites. Capital Punishment of Animals 1 1 appear at a specified time and answer for their conduct. weasels. as already stated. ^ which damaged the ^ These animals are spoken of as unvemunftige Thierlein genannt Luttnduse. The recklessness of hunters in . and in modern as well as in mediaeval times have often done grievous harm to husbandry and arboriculture by consuming roots and fruits and gnawing the bark of young trees. although he was unable to prevent the banishment of his wards. mould). owls and similar beasts and birds. which are destructive of field-mice. the failure was due to the sins of the people in either case the prestige of the Church was preserved and her authority left unimpaired. instituted criminal proceedings against the moles or field-mice. In 15 19. How they were induced to go into this insect reservation and to remain there we are not informed. but "in consideration of their small size and the fact that they had not yet reached their majority. she received full credit for accomplishing it. and signifies mole or field-mouse. he obtained for them the use of a piece of land. crows. to which they were permitted peaceably to retire. and. if not. Field-mice are exceedingly prolific rodents. in which case Lutmaus would mean shrew-mouse but it is more probably from luium (loam. Schrei). claimed to possess the power of effecting the desired migration by means of her ban.1 . buzzards. If the insects disappeared. hedgehogs. polecats. has frequently caused the latter to multiply so as to become a terrible plague. The Church." the judge appointed for them a curator. in Western Tyrol. who " defended them with great dignity". This was the . exterminating foxes. Lut might be derived from the Old German lut {Laut. the commune of Stelvio.

and . and in Germany in 1822. " to the end that they may have nothing to complain of in these proceedings. and concluded by expressing the hope that. furthermore. and especially upon the agricultural class by destroying noxious insects and larvae and by stirring up and enriching the soil. cat or other foe. some other suitable place of abode might be assigned to them. who testified that the serious injury done it by these creatures rendered quite impossible for tenants to pay their rents. Hans Grinebner by name. that they should be provided with a safe conduct securing them against harm or annoyance from dog. He demanded. if they should be sentenced to depart. was charged with their defence.1 1 2 The Criminal " by so that neither Prosecution and crops earth. in 1 8 13-14. The judge recognized the reasonableness of the latter request. The counsel for the defendants urged in favour of his clients the many benefits which they conferred upon the community. and mitigated the sentence of perpetual banishment by ordering that "a free safe-concase in England again in 1856. burrowing and throwing up the grass nor green could grow. and a long list of witnesses is given. in its application to the weaker and more defenceless of the culprits." a pro- But " in order that the said curator." Schwarz Mining was the prosecuting attorney." thing mice may be able to show cause for their conduct by pleading their exigencies and distress.

which seems to have been a coleopterous insect of the genus Brychus and very destructive to the crops. irrespective of age or previous condition of pregnancy. The Leutpriester. who " affliction with fatherly feeling took to heart so great and harm " and by an episcopal man- date enjoined the inger from committing further 8 ." {Vide Appendix C. gives a brief history of the matter and of the measures taken to procure relief. corded is a long and earnest declaration and admonition delivered from the pulpit by a Bernese parish-priest. The case occurred in 1478 and the trial was conducted before the Bishop Lausanne by the authority and under the The first document rejurisdiction of Berne. The mayor and common council of Berne were besought in their wisdom to devise some means of staying the plague. as he is termed. Bernhard Schmid. but on the expiration of this reprieve each and every must be gone. and after much earnest deliberation they held counsel with the Bishop of Lausanne.3 Capital Punishment of Animals 1 1 duct and an additional respite of fourteen days be granted to all those which are with young and to such as are yet in their infancy.) An old Swiss chronicler named Schilling gives a full account of the prosecution and anathematization of a species of vermin called inger. who begins by stating that his " dearly beloved " are doubtless aware of the serious injury done by the inger and of the suffering which they have of caused.

In case. and to the end that such things may cease. meadows. to art . how- . gardens. called imperfect because there was none of thy species in Noah's ark at the time of the great bane and ruin of the deluge. pastures. where things nutritious to men and to beasts spring up and grow. herbs. the inger. and in virtue of and obedience to the Holy Church. trees. where you and your bands shall not be able to do any harm secretly or openly to the fruits and aliments nourishing to men and beasts.114 The Criminal Prosecution and After exhorting the people to a common prayer from house to house " to remove the scourge. I do command and admonish you. depart within the next six days from all places where you have secretly or openly done or might still do damage. he proceeds to warn and threaten the vermin in the following manner: "Thou irrational and imperfect creature. also to depart from all fields. entreat God by " now come in numerous bands and hast done immense damage in the ground and above the ground to the perceptible diminution of food for men and animals. and spots. my gracious Lord and Bishop of Lausanne has commanded me in his name to admonish you to withdraw and to abstain therefore by his command and in his name and also by virtue of the high and holy trinity and through the merits of the Redeemer of mankind. thou depredations. each and all. our Saviour Jesus Christ. and to betake yourselves to the spots and places.

as is proper in such cases in accordance with legal form and established practice. I admonish. and to invoke and crave the divine mercy and help in order that the inger may be driven away. the mayor and common sent copies of the monitorium . this 1 1 you do not heed this admonition or obey command. upon my Lord of Lausanne or his deputy will proceed against you according to the rules of justice with curses and other exorcisms. and it is highly probable that the this midday detection of some technical error rendered it necessary to postpone the case. since this pettifogger's trick was almost always resorted to and proved generally successful in procuring an adjournment. notify and summon you in virtue of and obedience to the Holy Church to appear on the sixth day after execution at precisely one o'clock after at Wifflisburg. there to justify yourselves or to answer for your conduct through your advocate before His Grace the Bishop Thereof Lausanne or his vicar and deputy. Early in May council of Berne 1479. and think you have some reason for not complying with them. (Vide Appendix D. cisely At any trial rate either this or a prein similar occurred the following year.) There is no further record of proceedings at this time." The priest then exhorts his "dear children" devoutly to beg and to pray on their knees with Paternosters and Ave Marias to the praise and honour of the high and holy trinity.5 Capital Punishment of Animals ever.

the same authorities sent also a letter to the Bishop of Lausanne asking for new instructions they were not certain how they should proceed. choose and depute the excellent Thiiring Fricker. as the further delay would be " utterly intolerable. on May 15. doctor of the liberal arts and of laws. chosen and deputed and by virtue of the present letter do We appoint. to be our legal delegate and agent and that of our commune. the mayor and common council of Berne issued the following document conferring plenipotentiary power of attorney on Thiiring Fricker to pro** secute the case We. as seem to imply that the anathema had been hanging fire for some time and that the prosecution was identical with that of the preceding year. the mayor. as well as . About a week later. deliberation make known that after mature we have appointed. council and commune of the city of Berne. elapsed and the obduracy. read. or hear inger still The appointed term having persisting in their : this letter. who see.1 1 6 The Criminal citation issued Prosecution and and by the Bishop of Lausanne to their representative for distribution among the it priests of the afflicted parishes." This impatience would in the matter. in order that might be promulgated from their respective pulpits and thus brought to the knowledge of the delinquents. to all those of the bishopric of Lausanne. our now chancellor. urging that immediate steps should be taken.

Count and our most worthy Superior. to whom men. meadows and all kinds of grain. and to nourished therewith and owe obedience to him. and ordained in this cause by our aforesaid attorney or by the proxy appointed by him shall be firmly and gratefully observed by us. And indeed he has assumed this general and special attorneyship. that all and the whole of what may be transacted. who are and severally shall plead. prove by witnesses. with the express ively We . Bishop of Lausanne. hear judgment or judgments. whereof the one shall not be prejudicial to the other. which are directly or indirectly subject and appurtenant to us and of which a complete list is herein contained. and in the name of all of us collectliving God. In this cause he shall act in our stead. which creeping secretly in the earth devastate the fields. whereby with grievous wrong they do detriment to the everthe tithes belong. demur. provided. against the noxious host of the inger (brucorum). performed. appoint other defenders and in general and specially do each and every thing which the importance of the cause may demand and which we ourselves in case of our presence would be solemnly promise in good faith able to do.Capital Punishment of Animals of all the lands 117 and places of the bishopric of Lausanne. reply. in the case which we have undertaken and prosecute and have determined to prosecute before the court of the right reverend in Christ Benedict de Montferrand. pledged.

in any wise. and to act with just judgment . The defender of the insects was a certain Jean Perrodet of Freiburg. also over against any reservation of right. to set forth and to hear the cause of your procedure. In corroboration and confirmation of the aforesaid we ratify this Given on letter with the warranty of our seal. even if no special reservation has preceded. which shall not be called animals nor mentioned as such.1 1 8 The Criminal Prosecution and either renunciation of each and every thing that might by right or actually. the twenty-second of May 1479. tence of the court with the appended of the bishop The sen- anathema was as follows: "Ye accursed uncleanness of the inger. grounds and estates of the bishopric of Lausanne. which permits a general renunciation. either wholly or partially impair. who according to all accounts was a very inefficient advocate and does not appear to have contested the case with the ability and energy which the interests of his clients required. ye have been heretofore by virtue of the appeal and admonition of our Lord of Lausanne enjoined to withdraw from all fields. with the exclusion of every fraud and every deceit. inasmuch as it ended on the twenty-ninth day of the same month. weaken or assail our ordainment. conclusion and determination. or within the next six days to appear at Lausanne. through your proctor." The trial began a couple of days later and was conducted with less " of the law's delay " than usual.

By virtue of . is meadows. and the legal terms have been justly observed by both parties. In conformity valid. do therefore acknowledge and avow in this citation. Bishop of Lausanne. pursuant to the said Thereupon our gracious Lords of by their mandate such a day in court at Lausanne. Berne solicited : our writing that the appeal against the detestable vermin and inger. and a lawful decision pronounced word for word in this wise " We. and having thereupon fortified ourselves with the Holy Cross. from whom alone all just judgments proceed. we charge and burden them with our and command them to be obedient and anathematize them in the name of the Father. etc. and therewith curse. and depart. which are harmful to herbs. and there before the tribunal renewed their plaint in their name and in that of all the provinces of the said bishopric. the Son and the Holy Ghost. and being advised in this cause by a council of men learned in the law.. and having before our eyes the fear of God. seeds. grain and other fruits. that they be exorcised in the person of Jean Perrodet. their defender. Benedict of Montferrand. vines. that they turn away from all fields. and your reply thereto through your proctor has been fully heard. having heard the entreaty of the high and mighty lords of Berne against the inger and the ineffectual and rejectable answer of the latter. fruits and produce.Capital Punishment of Animals 119 either for or against you. enclosures. grounds.

to the end that of you nothing shall remain save for the use and profit of man. " owing to our sins. stigmatizing them as living corruption. or more . and through the power of Almighty God shall be called accursed and shall daily decrease whithersoever you may are go. were received with great joy. were to be conjured into him. The Swiss priest in his malediction declares that the inger were not in Noah's ark and even denies that they are animals properly speaking. nothing more of it. The ecclesiastical anathema.I20 the The Criminal Prosecution and same sentence I declare and affirm that you banned and exorcised." Another chronicler adds that God permitted the inger to remain as a plague and a punishment until the people repented of their wickedness and gave evidence of their love and gratitude to Him. but refer to him merely as their proctor and legal representative. came proved to be hrutum julmen.^^ The phrase das si besivart iverden in die person johannis Perrodeti irs beschirmers does not imply that the vermin or the devils. Adiungendo aliquid in devotionem fopuli. by giving to the Church tithes of what the insects had not destroyed. however. of which they were supposed to be incarnations. products of spontaneous generation perhaps. says Schilling. and the Bernese government ordered a full report of the proceedings to be made. which had been awaited with intense and anxious interest by the people. namely. The results of the prosecution.

favour of his clients. nothing pestiferous or contagious.Capital Punishment of Animals probably creations of the devil. sanctify and purify in it this water. as. in that used for the purgation and disinfection of springs and water-courses: Lord Jesus. one of the chief points urged by the counsel for the defence in one. but that everything in it may be pure and immaculate. who knowingly bears false witness or pronounces an unjust sentence. 121 This position was assumed in order to escape the gross impropriety and glaring incongruity of having the Church of God curse the creatures which God had made and pronounced very good. and afterwards took pains to preserve from destruction by the deluge. so that there nothing noxious. "O bless. as the man. thou who didst bless the river Jordan and wast baptized in it and hast purified and cleansed it to the end that it might be a healing element for the redemption from sin. as we have seen. Malleolus gives the following formula for banning serpents and expelling them from human habitations. inculcating incidentally the iniquity of perjury and judicial injustice: " By virtue of this ban and conjuration I command you to depart from this house and cause it to be as hateful and intolerable to you. in order that we may use whatever left may be . for example. nothing pernicious. is to God." Sometimes the exorcism was in the form of a prayer. This difficulty. always a serious was.

who were charged with trespassing upon the fields. Capt. before the commissioner Hartmann Planta and brought complaint against certain caterpillars on account of the devastations committed by them. The prosecutors required that they should seek their food in wild and wooded places and cease from ravaging cultivated grounds. Amen. Pestalozzi came. through our Lord Jesus Christ. demanding that these hurtful creatures should be summoned by the proper sheriff to appear in court on June 28 at a specified hour in order to have a curator and defender appointed.122 The Criminal Prosecution and is created in it for our welfare and to thy glory. gardens and orchards and doing great damage therein. the forest. instead of remaining in their habitat. Cesare de Peverello." In a Latin protocol of legal proceedings in Crollolanza's Storia del Contado di Chiavenna it is recorded that on June 26. who should answer for them to the plaintiffs. in behalf of the communes of Chiavenna. A fourth docu- . July i. 1659. ^nd signed by the notary Battista Visconti. A second document. Prada and Samolico. 1659. to appear before the court on the following Tuesday. Gordona. B. certifies that the said summons had been duly issued and five copies of the same been posted each on a tree in the five forests in the territory of the aforesaid five communes. in behalf of his recusant clients. Mese. J. dated June 28. A third document of the same date required the advocate of the accused.

so that we are left in ignorance of the ultimate decision. Anthony in the province of Piedade no Maranhao. In the fifth and final document the court recognizes the right of the caterpillars to life. and declaring them creatures to be in this respect far superior to their pro- . Brazil. the white ants. destroyed their furniture. More than half-a-century later the Franciscan friars of the cloister of St. do not differ essentially from those already quoted. the pleadings of the respective parties." Accordingly a definite place of abode is to be assigned to them and various places are proposed. were greatly annoyed by to termites. liberty. The protocol is incomplete. The lawyer appointed to defend them urged the usual plea about their being God's and therefore entitled to sustenance. and made a good point in the form of an argumentum ad monachum by praising the industry of his clients. and the accused were summoned to appear before an ecclesiastical tribunal to give account of their conduct. their food.Capital Punishment of Animals 123 ment contains an account of the trial. so far as they are preserved. and the pursuit ot happiness. provided the exercise of this right " does not destroy or impair the happiness of man. to whom all lower animals are subject. The whole is written in execrable Latin quite worthy of the subject. which devoured and even walls of threatened undermine the the monastery. Application was made to the bishop for an act of interdiction and excommunication.

and ended in a compromise.. Lisbod. but were justified in appropriating the fruits of the fields by the right derived from priority of possession. that no sooner was the order of the prelatic judge promulgated by being read hills of the termites officially before the all came out and marched in columns to the place assigned. with numerous citations of sacred and profane authorities on both sides. The trial lasted for some time and called forth remarkable displays of legal learning and forensic eloquence.124 'The Criminal Prosecution and secutors. 1713.] About the middle of the sixteenth century the inhabitants of several villages in Aargau were greatly annoyed by swarms of gadflies and . by the terms of which the plaintiffs were obliged to provide a suitable reservation for the defendants. ou Sylva de varios apophthegvias c ditos than they sentencios espirituaes e moraes. under date of Jan. inasmuch as they had occupied the land long before the monks came and encroached upon their domain. 1747. V. the that the Gray Friars. Vol. etc. He also maintained termites were not guilty of criminal aggression. [Cited by Emile Angel on the authority of Manoel Bernardes' Nova Floresta. The monkish annalist regards this prompt obedience as conclusive proof that the Almighty endorsed the decision of the court. is In the chronicles of the recorded. who were commanded to go thither and to remain henceforth within the prescribed cloister it limits.

Merz. took a German translation of it home with him to be used in case of need against the " vergifteten Wiirmer. the people enjoined to abstain from dancing on Sundays and feast days. gambling with cards or dice and other frivolities. It was published in 1898 by Dr. of Unterwalden. from all forms of libidinousness. Some work- . written and signed by the vidame Georg Winterstetter. p. who in some portions of Europe is still employed to save crops from devouring insects and similar plagues. 516). resolved to have recourse to a conjurer. The original document was written in Latin and preserved in the archives of Baden in SwitzerIn 1566 the Landamman land. but is now lost. the episcopal rescript." and deposited it in the archives of Obwalden. In Protestant communities. touching them with a wand and muttering enchantments. where it still remains. Johannes Wirz. the priest as exorcist has been superseded. The wizard came and walked about among the vegetables. to a considerable extent. after having tried divers vermicidal remedies in vain. whose garden was devastated by worms. A Protestant gentleman in Westphalia.Capital Punishment of Animals 125 In are petitioned the Bishop of Constance for relief. A curious instance of this kind is recorded in Gorres' Historisch-Politische Blatter for 1845 (Heft VII. These injunctions are followed by prayer and the usual formulas of conjuration and exorcism. by the professional conjurer.

too. cut a number of twigs. is the theory held by Paracelsus. Thereupon he went to the nearest hedge. crawling in countless numbers over the twigs and up the wall. The fully writer. without any physical effort or aggressive act. just as anger directs the arm and actualizes itself in a blow. and placed them against the wall of the stable. it believes it actually occurred." This threat only excited near by. In less than an hour the men were obliged to stop working and stood in the court below covered with confusion and cabbage- worms.126 The Criminal Prosecution and men. and " the force of human faith and the magnetic power of a firm will over nature. concretes into a deed. so to speak. took complete possession of the roof. By " fervent desire " merely. He also held that ascribes to . who maintained that the effectiveness of a curse lay in the energy of the will. I shall send all the worms up on the roof. Soon the vermin began to abandon the plants and. by which the wish. each about a finger in length. and finally said " If you don't leave me in peace." This. He requested them to desist. : the hilarity of the scoffers. who were repairing the roof of a stable made fun of this hocus-pocus and began to throw bits of lime at the conjurer. who that relates this strange incident. cule who continued to ridi- and disturb him in his incantations. he deemed it possible to wound a man's body or to pierce it through as with a sword.

Capital Punishment of Animals 127 brutes are more easily exorcised or accursed than men." Indeed. " for the spirit of man resists more than that of the brute. We have a striking illustration of the workings of some such mysterious. . exorcists and anathematizers have acted more or less in all ages. however wonderful and incomprehensible its manifestations ative may appear. like Protestant- It is natural that a religion of individual initi- and personal responsibilty. the reality of which it is no longer possible to deny. Schopenhauer's postulate of the will as the sole energy and actuality in the universe is only the philosophic statement of an assumption. by " Augustus Duke and Elector. quasihyperphysical force in hypnotism." Similar notions were enter- by Jacob Boehme. This tendency crops out in a decree published at Dresden. magic as " doing in the spirit of the will. Daniel ism. enchanters. in 1559." wherein he commends the "Christian zeal of the worthy and pious parson. upon which magicians and medicine-men." an idea which finds more recent and more scientific expression in Schopenhauer's doctrine tained nearly a century later defines who of " the objectivation of the will. in which man's spiritual concerns are entrusted to a hierarchical corporation to be managed according to traditional and infallible methods. should put less confidence in theurgic machinery and formularies of ex-cathedral execration than a religion like Catholicism.

on account of their unceasing and extremely vexatious chatterings and scandalous unchastity during the sermon. presence is deemed undesirable. did not expect that his ban would cause the offending birds to avoid the church or to fall dead on entering it.128 The Criminal Prosecution and Greysser. Lest the rats . who was persuaded that he was doing a pious work by exterminating them. He relied less on the directly coercive or withering action of the curse than on the human agencies. (See Appendix E. It was solemnly enjoined upon the hunter and the fowler to lie in wait for the anathematized sparrows with guns and with snares {dutch mancherlei visirliche und listige Wege) . which he might thereby set at work for the accomplishment of his purpose. in which their ecclesiastical the custom. to the hindrance But of God's word and of Christian devotion. unlike the Bishop of Trier. By his proscription he put the culprits out of the pale of public sympathy and protection and gave them over as a prey to the spoiler. and the Elector issued his decree in order to enforce this duty on all good Christians." the Saxon parson. of serving a writ of ejectment on rats or simply sending them a friendly letter of advice in order to induce them to quit any house.) faded and somewhat droll survival of A excommunication and exorcism is European still prevailing in countries and some portions of the United States." for having " put under ban the sparrows.

so as to attract their up and thrust into their holes. rolled " Maine." and addressed in business style to " Messrs. of such a letter. Lea' the puir woman's house.-March. 31. Incubator Street. Seaview Street. William Wells Newell. 6." The writer begins by expressing his deep interest in the welfare of said rats as well as his fears lest they should find their winter quarters in No. otherwise he shall be forced to use " Rough on Rats. in a paper on " Conjuring Rats. Rats and Co. Oct. Mr." printed in The Journal of American Folk-Lore (Jan. 1888. since it is only a summer residence and is also about to undergo repairs.Capital Punishment of Animals 129 should overlook and thus fail to read the epistle. 1892). when these domestic rodents became too troublesome. He concludes by stating that he will do them no harm if they heed his advice. gives a attention." This threat of resort- specimen ing to rat poison in case of the refusal to accept his kind counsel is all that remains of the once formidable anathema of the Church. uncomfortable and poorly supplied with suitable food. dated. In Scotland. . He then suggests that they migrate to No. it is rubbed with grease. people of the lower classes are wont to post the following notice on the walls of their houses : " Ratton and mouse. where they "can live snug and happy" in a splendid cellar well stored with vegetables of all kinds and can pass easily through a shed leading to a barn containing much grain. i.

as they do rats in Ireland. since. according to a widespread popular superstition. the native like incongruities. . And there ane and a' ye'll get your fill. that I was an Irish rat. as imps of Satan. which Randolph declares: I can hardly remember. steep'd in gall and vinegar. The fact that they are usually sent across a river or brook may indicate a lingering tradition of their demoniacal character.130 The Criminal Gang awa' owre by Prosecution and to 'e mill." "My Ben Jensen " is still mere specific as they : In Rhime 'em to death. a water-course is a barrier to hobgoblins and evil spirits : "A running stream they dare na cross. realm of bulls and " conjuring or " rhyming rats seems to have been most common. Thus in As you Like It Rosalind says in reference to Orlando's verses: "I was never so be-rhymed since Pythagoras' time." In this case the rats. Rhime *em to death. having reached their destination." do Irish rats. but they are ." It was in Ireland. would find it impossible to return.'' In order to make particular abode not sufficient to to be told to the conjuration effective some must be assigned to them it is bid them begone. go to a definite place. if we may judge from the manner in which it is alluded to by the Elizabethan poets. drumming tunes. that poets Shall with a satire.

still retains for the youth of the individual was yet far more strongly felt in the youth of the race. From the very earliest times a peculiar magical potency has been ascribed to words woven into rhythmic form. The fascination which metrical expression. which not only threatens burn the whiskers of the obdurate mice. The simple song was intoned as a spell and the rude chant mumbled as a charm. uttering the following incantation. quittez ces bles Allez. the peasants wander in all directions through the and orchards with lighted torches of to twisted straw. mulcts Ou je vais vous bruler les crocs Quittez. On the first Sunday Torches fields in (la Lent." The form of imprecation varies in different provinces. but also hints at bibbing propensities of the curate : ! wine- " Sortez. even as a mere jingle and jargon. as is still the usage in France. vous trouverez ! ! Dans la cave du cur^ Plus k boire qu'k manger. the so-called Feast of the Fete des Brandons ou des Bures). but usually includes some threat of breaking the bones or burning the beards of the .Capital Punishment of Animals 131 From this reference to the mode of conjuring it appears that the repeating of the rhymes was accompanied with the beating of a drum. sortez d'ici. In France the conjuration of field-mice bears a more distinctly religious stamp.

je te casse les os . a toad with a Hist. 7. 441. as in the following summons : "Taupes Sors de et mulcts. and consisting of twenty books. Je te brule la barbe jusqu'aux os. Mans was 1 rebuilt after its destruction by fire in gold chain round its neck.: 132 The Criminal Prosecution and refractory rodents. was enclosed in a block of stone as a preservative against venomous reptiles. the following prescription given for getting rid of field-mice " Take a slip of paper and write on : it these . written the tenth century by the Bithynian Byzantine. p. tin horns. (Le Corvasier 145. mon clos. and similar instruments of " Callithumpian " music. Barbassione Si tu viens dans non clos. in case they refuse to quit the close. in is Kassianos Bassos. etc.) The use of the above-mentioned means of conjuration is unquestionably of very ancient date.. who was Bishop of Tours in the latter half of the sixth century. 35) that bronze talismans representing dormice and serpents were used in Paris to protect the city against the ravages of these creatures and when the town of Le . : Desnoyers Thus in yeMTToviKd a treatise on agriculture entitled to. Gregory. p. 1648." Ou ! The utterance of these words is emphasized by loud and discordant noises of cat-calls. Recherches. des Eveques du Mans. Cf. states in his History of the Franks (VIII.

In a Christian conjuration the substituted for Mother of God would have been the mother of the gods." The author quotes this recipe. as the personification of all-creating and all-sus- taining nature. whom the Greeks revered of this formula. to the Yankee's letter of advice is peculiarly interesting. who dwell here not to injure me yourselves nor to permit any other mouse to do so. The resemblance which the Greeks may have borrowed with the worship of Cybele from the Phrygians. that nothing may remain unrecorded. and this injunction was accompanied with dire threats in . But should I find you staying here after having been warned. in order. and I make over to you words : it). Bassos derived the materials for his popular encyclopaedia chiefly from the " Geoponics this field (describing composed by Anatolios and Didymos some six centuries earlier. That the above-mentioned exorcism is pagan in its origin is evident from the invocation of the aid of Cybele for the destruction of dis- obedient vermin." Capital Punishment of Animals 133 I adjure you. set apart for them. as he says. with the help of the mother of the gods I will cut you in seven pieces. but expressly declares that he has no confidence in its efficiency and advises the husbandman to put his trust in good rat-bane. and even most of his citations of classical writers are taken from the same sources. In the ancient conjuration the harmful or undesirable animals were commanded to go to a certain locality. O mice.

as though the . where it is customary to get rid of cabbage-worms by going into the garden. the milder epistolary form of the present day is more advisory and persuasive to this them inducements to migrate and take up their abode elsewhere. Florian to preserve their habitation from flames and to set fire to others. and calling out: "In yonder village is church-ale (Kirmesy thus implying that they will find better entertainment at this festival. Sometimes and offers kind counsel is given verbally. and all violent commotions of nature are the work of demons or witches.) The willingness of peasant communities to ward off evil from themselves at the expense of their neighbours is a survival of the primitive ethics.: 134 The Criminal Prosecution and case of disobedience. 1878. . as. who avoid the symbol of Christ's death and the world's redemption and direct their fury elsewhere. inhabitants of the Alps to erect so-called weathercrosses (Wetterkreuse) for the purpose of averting thunder-storms and hailstones from themselves by diverting them into an adjacent valley. (Witzschel Sagen. which recognizes only the rights of the family or tribe and treats all aliens It is the same feeling that causes the as foes. A like egotism is expressed in the inscription on many houses of peasants entreating St. This method of protection is based upon the theory that tempests. p. Sitten nnd Gehrduche aus ThUringen. hurricanes. in Thuringia. 217. Wien. for example. requesting them to depart.

ing chiefly of caterpillars. Protect this house and bum the rest. The inscription is the same as that with which Reynard the Fox adorned his castle Malepartus. In the Report and Researches on this subject. and comprising in all ninety-three cases. leeches." Not only were insects. published by Berriat-Saint-Prix in the Memoirs of Royal Society of Antiquaries of France (Paris. such as rats and mice. extending from the beginning of the twelfth to the middle of the eighteenth century.) The culprits are a miscellaneous crew. thou martyr blessed. judicial penalties. but even this record is by no means complete. and to include one hundred and forty-four prosecutions resulting in the execution or excommunication of the accused. legally probut secuted and formally excommunicated. locusts. .Capital Punishment of Animals holy 135 man must indulge his incendiary passion by pouring out upon some human abode the blazing vessel. numerous the extracts from the original records of such proceedings are given. reptiles and small mammals. were also inflicted upon larger quadrupeds. and which might be translated : " Saint Florian. (Vide Appendix F for a still fuller list. This list has been enlarged by D'Addosio so as to cover the period from 824 to 1845. which he is represented as bearing in his hand. Tome VIII. consistflies. 403-50). and also a list of the kinds of animals thus tried and condemned. pp. including capital punishment. 1829.

of these prosecutions. according to the above-mentioned registers. in order to expel the insects. cocks.136 The Criminal pigs. In the latter case one of the largest of the locusts was seized and and then put to death by being thrown into the water with anathemas on the whole species. This request was granted. the orthodox of the Greek Church from the bishop to the humblest laymen firmly believed or at least maintained that a . seven to the eighteenth and one to the nineteenth century. slugs. bulls. six to the fourteenth. two belong to the ninth century. worms. mules. and at Pozega tried in Slavonia 1866. snails. at the Lyo in Denmark in in 1805-6. To this list might be added other cases. one to the eleventh. asses. mice. Prosecution and rats. such as the prosecution and malediction of noxious insects at Glurns in the Tyrol in 15 19. moles. cows. at Bouranton in 1733. A few years ago swarms of locusts devastated the region near Kallipolis in Turkey. and as the locusts gradually disappeared. Only those cases are reported in which the accused were found guilty. mares and goats. forty-three to the seventeenth. forty-five to sixteenth. three to the twelfth. and a petition was sent by the Christian population to the monks of Mount Athos begging them to bear in solemn procession through the fields the girdle of St. turtle-doves. Basilius. because there was little or nothing left for them to eat. thirty-four to the fifteenth. dogs. at Als in Jutland in 171 1. weevils. two to the thirteenth.

Pious Moham- and ostracize locusts and other harmful insects by reading the Koran aloud in the ravaged fields. as is the custom of pigs among the peasants of that country.Capital Punishment of Animals miracle 137 had been wrought. . p. was put under bonds to provide a dowry for the mutilated child. and seventeenth centuries were peculiarly addicted to such practices. and the head of the family. so that the loss of her ears might not prove to be an insuperable (Awzra. in which the pig lived. and in many instances the archives have been entirely destroyed. a pig was tried and executed for having maliciously bitten off the ears of a female infant aged one year.) It obstacle to her marriage. as was recently done at Denislue in Asia Minor with satisfactory results. The flesh of the condemned animal was cut in pieces and thrown to the dogs. that and conviction of animals. It is well known that during some of the darkest periods of the Middle Ages and even in later times the registers of the courts were very imperfectly kept. would be incorrect to infer from the tables just referred to that no judicial punishment of animals occurred in the tenth century or that the fifteenth. 578. It is highly probable. constitute only a very small percentage of those the cases of capital prosecution which actually took place. sixteenth. however thorough their investigations may have been. therefore. which have been collected and printed by Berriat-Saint-Prix and others. medans exorcise Also as late as 1864 at Pleternica in Slavonia.

By the advice of a French veterinary doctor. city of in Amiens. which had torn and eaten with their teeth a little child in the faubourg of Amiens.^' In 1557. means were employed for curing murrain. in 1456. " on the vigil of the Holy Virgin.138 The Criminal Prosecution and Beasts were often condemned to be burned and strangely enough. Sometimes brutes were doomed to be buried alive. for having killed a More than three centuries later the same child. it was in the latter half of the seventeenth century." Again. two pigs were subjected to this punishment. 1463." for the sum of sixteen payment for services rendered in March soldi. a of Saint-Quentin was conbe " buried all alive " (enfoui tout " for having devoured a little child in vij)y I'hostel de la Couronne. which in the summer of 1796 had broken out at Beut- in " pig in the Commune demned to elsbach in Wiirtemberg and carried off many head of cattle. a century earlier. who for this cause passed from life to death (etoit alle de vie a trepas). having buried in the earth two pigs. sergeant of high justice of the alive. that this cruel penalty seems to have been most frequently inflicted. who was quartered there with ." at Oppenheim on the Rhine. on the 6th of December. Thus we have the receipt of " Phelippart. Occasionally a merciful judge adhered to the letter of the law and curbed its barbarous spirit by sentencing the culprit to be slightly singed and then to be strangled before being committed to the flames. an age of comparative enlightenment.

344). Arthur Mangin (L'Homme et la Paris. The statement of a We French Bete. Appeals were sometimes . the judge had the slightest expectation that any confession would be made. are not informed whether this sacrifice proved to be a sufficiently " powerful medicine " to stay the epizootic plague. " The ques- fessions of guilt. writer. not by an Indian magician or an African sorcerer. Animals are said to have been even put to the It is not to rack in order to extort confession. whipping. the town bull was buried alive at the crossroads in the presence of several hundred persons. and to set in motion the whole machinery of justice before pronouncing judgment. that " the cries which they uttered under torture were received as conis absurd. provided the criminal had not confessed his guilt under torture. incarceration or some milder form of punishment." which under the circumstances to would seem be only a wanton and superfluous act of cruelty. be supposed that. he wished merely to observe all forms prescribed by the law. therefore. the noteworthy fact is that the superstitious rite was prescribed and performed. No such notion was ever entertained by their tormentor. The use of the rack might be. 1872. since the sentence of death could be commuted into banishment. a merciful means of escaping the gallows. but by an official of the French republic. in such cases." tion. was nevertheless an important element in determining the final decision. p.Capital Punishment of Animals the 139 army of General Moreau.

the sow was dressed in man's clothes and executed on the public square near the city-hall at an expense to the state of ten sous and ten deniers. condemned to be hanged on appeal. besides a pair The executioner was of gloves to the hangman. and then to be hanged. As if to make the travesty of justice complete. with clean hands. He was no common pig-killer. {Vide Appendix G.) We may add that the west wall of the south .140 The Criminal Prosecution and made to higher tribunals and the judgments of In one the lower courts annulled or modified. but a public functionary. they were sentenced to be simply knocked on the head. as he was officially styled. he incurred no guilt in shedding blood. metaphorically at least. In 1386. instance a sow and a she-ass were . the primitive retributive principle of taking an eye for an eye and a tooth for a tooth. near Paris. at Fontenay-aux-Roses. provided with new gloves in order that he might come from the discharge of his duty. a " master of high works " (maitre des hautes oeuvres). as a minister of justice. In 1266. thus indicating that. the tribunal of Falaise sentenced a sow to be mangled and maimed in the head and forelegs. Here we have a strict application of the lex talionis. for having torn the face and arms of a child and thus caused its death. Occasionally an appeal led to the acquittal of the accused. a pig convicted of having eaten a child was publicly burned by order of the monks of Sainte Genevieve. and after a new trial.

published several years later. to this Falaise (1814. fully more described in Langevin." In another case the deputy bailiff of Mantes and Meullant presented a bill. the about the year 1820. so far as can be ascertained. and.) dated March 15. 146). the county of Mortaing. thus covering and permanently destroying at least a portion of the painting.Capital Punishment of Animals branch of the transept in 141 of the Church the {Sainte-T finite) at Falaise in Normandy was formerly adorned with a frescopainting of this execution. which is mentioned Trinity in Holy Statistique de Falaise (1827. a pig was found guilty of " having Abbe states that. work. la chdsse de la banniere (banner-holder) was fastened to the wall of the church on this very spot." hangman (pendart). too. t. fortunately. so that the picture has since then been invisible. Jehan Micton. including the fresco. for which deed the said pig was condemned to be haled and hanged by Jehan Petit. and by I'Abbe Pierre-Gilles his Recherches Historiques sur In a Supplement (p. In 1394. no engraving Unor other copy of it has ever been made. who received for his services the of " fifty souls tournois. 12) p. I. the entire church. 1403. sum (Vide Appendix H. as the same writer informs us. which contained the following items of expense incurred for the in- . lieutenant of The work was really done by the the bailiff. was whitewashed. 83). killed and murdered a child in in the parish of Roumaygne.

fifty-four sols parisis." (See Appendix I. Jehan Monnet. keeper of the prisons of our lord the king in the town of Pont de Larche." acknowledges the receipt. Thus " Toustain Pincheon. who affixed to it his own seal with signature and paraph and " in further confirmation and approbation thereof caused it to be sealed with the seal of the Chatellany of Meullant. to the master of high works. was examined and approved by the auditor of the court. sheriff (vicomte) of the said . for a carriage to take her to justice. two deniers parisis. and of the procurator of the king. on the 15th day of March in the year 1403. two sols eight deniers parisis. De Baudemont." This account. " Item. six sols parisis. our master. " through the hand of the honourable and wise man.) In the following year a pig was executed at Rouvres for the same offence. for cords to bind and hale her. " Item. for gloves. which amounted in all to sixtynine sols eight deniers parisis.142 The Criminal and Prosecution and of carceration execution an infanticide sow : " Cost of keeping her in jail. six sols parisis. the Brutes and human criminals were confined in same prison and subjected to the same treatment. who came from Paris to Meullant to perform the said execution by comand and authority of the said bailiff. " Item. " Item.

on a footing of perfect the human prisoners." (Vide Appendix of the Again in 1474. even in respect to its maintenance. 1408. He also puts into the account " ten deniers tournois for a rope. one pig. found and furnished for the purpose of tying the said pig that it might not escape. by reason of crime. inclusive." The correctness of the charges is certified to by ** Jean Gaulvant.) Bishop of Lausanne sentenced a pig to be hanged "until death ensueth." for having devoured an infant in its cradle in the vicinity of Oron. and concludes the list with " Item. pig. sworn tabellion of our lord equality with the king in the viscounty of Pont de Larche." when it was hanged " for the crime of having murdered and killed a little child " (pource que icellui poTc avoit muldry ei tue ung pettit enfant). For the pig's board the jailer charged two deniers tournois a day. in the said prison.Capital Punishment of Animals 143 town. the same as for boarding a man. of nineteen sous six deniers tournois for having found the king's bread for the prisoners detained." The jailer gives the names of the persons in custody. and to remain suspended from the gallows for a certain length of time as a warning to wrong-doers. thus placing the porker. 1585. the official J. conducted into the said prison and kept there from the 24th of June. till the 17th of the folowing July. in It is also expressly stated that. the executed for body of a the murder which had been of a child at Saint- .

But the prior. MDCX. 1379. p. of the were feeding together near that town. was left hanging " for a long space " on a gibbet in a field near the highway. In his own words dum ibam ad civitatem Cathalani in Campania ad Regem tunc ibi existentem. (Ouaestio CCXXXVIII De poena bruti delinquentis. they were arrested as accomplices and sentenced by the court to suffer the same penalty. . excited and enraged by the squealing of one of the porklings.144 The Criminal Prosecution and Omer.) On the 5th of September. at the hostelry of Mortier d'Or. were condemned to death and as both the herds had . vidi quemdam porcum. three sows communal herd. in furcis suspensum. de Saint-Omer. and before his father could rescue. after due process of law. Lugduni. rushed upon Perrinot Muet. threw come to his him to the ground and so severely injured him that he died soon afterwards. The three sows. 327. qui dicebatur occidisse quemdam puerum. hastened to the scene of the murder and by their cries and aggressive actions showed that they approved of the assault. one belonging to the commune and the : : other to the priory of Saint-Marcel-le-Jeussey. to pay homage to King Henry IV.) (Derheims A little later spectacle met the eyes of Guy Histoire a similar Pape. the son of the swine- keeper. and were ready and even eager to become participes criminis. as two herds of swine. as he was : going to Chalons-sur-Marne in Champagne.

" the justiciary of the Lord Abbot of Moyen-Montier has been accustomed to consign to the provost of Saint-Diez. condemned crim- wholly naked. dated May 20. sent an humble petition to Philip the Bold. where the case was tried and the accused sentenced to be " hanged and strangled on a gibbet. Capital Punishment of Animals 145 Friar Humbert de Poutiers. inals. he has delivered the same bound with a cord. near this cross. The duke lent a gracious ear to this supplication and ordered that the punishment should be remitted and the swine released.) A peculiar custom is referred to in the proces verbal of the prosecution of a porker for infantiThe murder was cide." we are told. (Vide Appendix K. then Duke of Burgundy. that they may be executed but inasmuch as this pig is a brute beast. committed within the jurisdiction of the monastery of Moyen-Montier. might receive a full and free pardon. " From time immemorial. where it was formally given over to an executioner from Nancy. without prejudicing or in any wise impairing the right of the Lord Abbot to deliver condemned criminals wholly naked. praying that both the herds." The prisoner was then bound with a cord and conducted to a cross near the cemetery." The pig must not wear a rope unless the right to do without it be 10 . 1572. with the exception of the three sows actually guilty of the murder.. not willing to endure the loss of his swine.

on the law into their own hands. vicious in 1565. 1576.. de carnifice. dictated solely by considerations often of personal in convenience. p. assassins. should claim be entitled to raiment. 234). public whoremongers. 146 The Criminal Prosecution and lest expressly reserved. in his Rerum Criminaliiim Praxis {cap. which had bitten ofif the ear and . some human culprit. a sow. the executioner cut off its feet before con- signing it to the flames. "assiduous gamblers. by the same example Will rush into the state it cannot be. at Montpellier. murderers. Thus Damhouder. This mutilation was an arbitrary and extra-judicial act. quadruped was and inclined to kick (vitiosus et calcitro- sus). " 'Twill be recorded for a precedent And many an error. urges magistrates to be more careful in selecting persons for this important office. robbers. thieves. Hangmen indulged capricious and supererogatory cruelty in the exercise of their patibulary functions. and other violators of the law as vindicators of justice. these hardened wretches sometimes took For example. the 9th of June." : In the case of a mule alive together with a condemned as the to be burned man guilty of buggery. malicious back-biters. and mediaeval as well as later writers on criminal jurisprudence repeatedly complain of this evil and call for reform. impious blasphemers. Indeed. and not to choose evil-doers. to under similar circumstances. at Schweinfurt in Franconia.

took it to the gallows-green and there " hanged it publicly to the disgrace and detriment of the city. that excited the public wrath and official indignation. the supreme court of condemned a man and a sow for incremation. man and a cow were hanged and then burned by order of the parliament of Paris. too. Occasionally interment was substituted France. in 1546. without authority. used to characterize a low and lawless ruffian and vile fellow of the baser sort. is punished and both are burned (punitur etiam pecus et umbo comhuruntur)y says Guillielmus Benedictinus. In 1466. but the execution without a judicial decision. who lived about the end Thus. of a carpenter's child. It was not the mere killing of the sow. . Hence arose the proverbial phrase Schweinfurter Sauhenker (Schweinfurt sowhangman)." For this impudent usurpation of judiciary powers Jack Ketch was forced to flee and never dared return. the insult and contempt of the magistracy and the judicatory by arrogating their functions. same tribunal burned at Corbeil. The beast. a of the fourteenth century. at Niederrad. and usually by burning them alive. Buggery (offensa cujus nominatio crimen est.Capital Punishment of Animals torn the legal 147 hand into custody. (vSchindrasen) as it is euphemistically designated in legal documents) was uniformly punished by putting to death both parties implicated. was given whereupon the hangman. the to be Thus in 1609. a writer on law.

148 The Criminal Prosecution and a man and a mare were executed and their bodies buried in the same carrion-pit. 1606. who seems to have contumaciously given legin bail. . attainted and convicted. be executed in effigy by attaching his likeness in painting to the gibbet. the mayor of Loens de Chartres. in his case. published in 1606. (III). condemned a man named Guillaume Guyart to be " hanged and strangled on a gibbet in reparation and punishment is of sodomy. canons. On the 12th of September. and chapter of the cathedral of Chartres. on complaint of the dean. nalia London. cannot be seized and apprehended person. there was a most . the sentence shall. 1702) Cotton Mather records that "on June 6. his accomplice. It was also decreed that all the property of the absconder should be confiscated and the sum of one hundred and fifty livres be adjudged to the plaintiffs." bitch." It is furthermore added that if the said Guyart. Christi Americana (Book VI. at New Haven. {Vide Appendix L.) This disgusting crime appears at least Ayrault in to have been very common his Ordre Judiciaire. out of which the costs of the trial v^ere to be defrayed. was sentenced to be knocked on the head (assommee) by the executioner of high justice and " the dead bodies of both to be burned and reduced to ashes. whereof the said Guyart A declared accused. 1662. states that he has many times (multoties) seen brute In his Magbeasts put to death for this cause.

. sheep and all manner with of beasts." damnable Besti- been a member of the Church for twenty years and was noted for his piety. who is described as possessed by an unclean devil. with all of which he had committed his brutalities. on the 3rd of May. knocked on the head it was expressly enjoined a . forward He had in edifying discourse among the religious.Capital Punishment of Animals 149 unparalleled wretch. " lived in most infandous Buggeries for no less than fifty years together. who had been wont to defile himself with greyhounds. His wife had seen him confound- and now ing himself with a bitch ten years before. at the gallows there were killed before his eyes a cow. According to this account he must have begun to practice sodomy when he was ten years of age. probably as a sort of vicarious atonement. and the mare." He afterwards hanged the bitch. a vicious precocity which the author would doubtless explain on the theory of diabolical possession." Yet this monster. but conjured her to keep it secret. where both were burned alive. " devout in worship. and he then excused himself as well as he could. at Wiinschelburg in Silesia. and zealous in reforming the sins of other people. In 1684. a bugger was beheaded at Ottendorf. swine. cows. three sheep and two sows. about sixty years of age. gifted in prayer. was brought to trial together mare. his partner in crime. one Potter by name. two heifers. In 1681. executed for alities. a habitual sodomite.



The Criminal

Prosecution and

man's should lie underneath that of the beast. In the following year, fourteen days before Christmas, a journeyman tailor, " who had committed the unnatural deed of carnal lewdness with a mare," was burned at Striga together with the mare. For the same offence Benjamin Deschauffour was condemned, May 25, 1726, to be tied to a stake and there burned alive " together with the minutes of the trial;" his ashes were strewed to

that in burning the bodies the

wind and his estates seized and, after the deduction of a fine of three thousand livres, confiscated to the benefit of his Majesty. In the case of Jacques Ferron, who was taken in the act of coition with a she-ass at Vanvres in 1750, and after due process of law, sentenced to death, the animal was acquitted on the ground that she

was the victim

of violence

and had not


pated in her master's crime of her own free-will. The prior of the convent, who also performed the duties of parish priest, and the principal inhabitants of the commune of Vanvres signed a certificate stating that they had known the said she-ass for four years, and that she had always shown herself to be virtuous and well-behaved both at home and abroad and had never given
occasion of scandal to any one, and that therefore ** they were willing to bear witness that she is in word and deed and in all her habits of life a most honest creature." This document, given at Vanvres on Sept, ig, 1750, and signed by

Capital Punishment of Animals


" Pintuel Prieur Cure " and the other attestors, was produced during the trial and exerted a decisive influence upon the judgment of the


As a piece of exculpatory evidence it be regarded as unique in the annals of

criminal prosecutions.

The Carolina or criminal code of the emperor Charles V., promulgated at the diet of Ratisbon in 1532, ordained that sodomy in all its forms and degrees should be punished with death by

"according to common custom" (" ^o ein Mensch mit einem Viehe, Mann mit Mann,


mit Weib, Unkeuschheit treibet, die haben auch das Leben verwircket, und man soil sie der gemeinen Gewohnheit nach mit dem Feuer vom Leben zum Tode richten." Art. 116.), but stipulated that, if for any reason the punishment of the sodomite should be mitigated, the same measure of mercy should be shown to the beast. This principle is reaffirmed by Benedict Carpzov in his Pratica Nova Rerum Criminaliwn (Wittenberg, 1635), in which he states that " if for any cause the sodomite shall be punished only

with the sword, then the beast participant of his crime shall not be burned, but shall be struck dead and buried by the knacker or field-master (Caviller oder Feldmeister).^' The bugger was



of the animal,

compensate the owner for the loss or, if he left no property, the

value must be paid out of the public treasury. " If the criminal act was not fully consummated.


The Criminal

Prosecution and

then the human offender was publicly scourged and banished, and the animal, instead of being killed, was put away out of sight in order that no one might be scandalized thereby " [Jacobi Dopleri, Theatrum Poenarum Suppliciorum et Executionum Cnminalium., oder Schau-Platz derer Leibes-und Leh ens-Straff en, etc. Sonders-

hausen, 1693, II. p. 151.] All Christian legislation on this subject


simply an application and amplification of the Mosaic law as recorded in Exodus xxii. 19 and
Leviticus xx. 13-16, just as the cruel persecutions and prosecutions for witchcraft in mediaeval

and modern times derive their authority and justification from the succinct and peremptory com-

Thou shalt not suffer a witch to live." In the older criminal codes two kinds or degrees of sodomy are mentioned, gravius and gravis:





former being condemned



thirteenth verse

and the



the fifteenth

and sixteenth verses of Leviticus. Dopier tells some strange stories of the results of the peccaturn gravissimum ; and the fact that a sober writer on jurisprudence could believe and seriously narrate such absurdities, furnishes a curious contribution to the history of human







against sexual intercourse with beasts and then enlarged it so as to include the Jews themselves. The

have adopted a Jewish


Capital Punishment of Animals






whether cohabitation of a Christian with a Jewess or vice versa constitutes sodomy. Damhouder (Prax. Rer. Critn. c, 96, n. 48) is of the opinion that it does, and Nicolaus Boer (Decis., 136, n. 5) cites the case of a certain Johannes Alardus or Jean Alard, who kept a Jewess in his house in Paris and had several children by her he was convicted of sodomy on account of this relation and burned, together with his paramour, " since coition with a Jewess is precisely the same as if a man should copulate with a dog " (DopL, Theat., II. p. 157). Damhouder,







Turks and

Saracens in the same category, " inasmuch as such persons in the eye of the law and our holy faith differ in no wise from beasts."



resume the subject

of the perpetration

of felonious homicide

January, 1457, " murder flagrantly Jehan Martin, aged five years, the son of Jehan Martin of Savigny," and sentenced to be " hanged by the hind feet to a gallows-tree (a ung arbre esprone).'" Her six sucklings, being found stained with blood, were included in the indictment as accomplices; but " in lack of any positive proof that they had assisted in mangling the deceased, they were restored to their owner, on condition that he should give bail for their appearance, should further evidence be forth-

by animals, on the loth a sow was convicted of committed on the person of


The Criminal

Prosecution and

coming to prove their complicity in their mother's crime." Above three weeks later, on the 2nd of February, to wit " on the Friday after the feast of Our Lady the Virgin," the sucklings were again brought before the court and, as their owner, Jehan Bailly, openly repudiated them and refused to be answerable in any wise for their future good conduct, they were declared, as vacant property, forfeited to the noble damsel Katherine de Barnault, Lady of Savigny. This case is particularly interesting on account of the completeness with which the proves verbal has been preserved. (See Appendix M.)

was imposed upon the owner was the case with Jehan Delalande and his wife, who were condemned, on the i8th of April, 1499, by
Sometimes a

of the offending animal, as

the bailiff of the
tres, to


of Josaphat near

pay a

fine of eighteen francs


Charto be

confined in prison until this sum should be paid, " on account of the murder of a child named Gilon, aged five and a half years or thereabouts, perpetrated by a porker, aged three months or


The pig was condemned to be " hanged and executed by justice." The owners were punished because they were supposed to have been culpably negligent of the child, who had been confided to their care and keeping, and not because they had, in the eye of the law, any

proprietary responsibility for the infanticidal animal. The mulct implied remissness on their

Capital Punishment of Animals


part as guardians or foster-parents of the infant.

In general, as

we have

seen, the


of the

blood-guilty beast was considered wholly blame-

and sometimes even remunerated for his (Vide Appendix N.) According to the laws of the Bogos, a pastoral and nominally Christian tribe of Northern Abyssinia, a bull, cow or any other animal which kills a man is put to death; the owner of the homicidal beast is not held in any wise responsloss.

ible for its crime, nevertheless

he practically


curs a

somewhat heavy penalty by not receiving
for the loss of his property.

any compensation

This exercise of justice
horses, oxen


common among
In Montenegro,

the tribes of Central Africa.

and pigs have been recently tried homicide and put to death, unless the owner redeemed them by paying a ransom.

On the 14th of June, 1494, a young pig was arrested for having " strangled and defaced a young child in its cradle, the son of Jehan Lenfant, a cowherd on the fee-farm of Clermont, and of Gillon his wife," and proceeded against " as justice and reason would desire and retestified

Several witnesses were examined, who " on their oath and conscience " that " on the morning of Easter Day, as the father was guarding cattle and his wife Gillon was absent in the village of Dizy, the infant being left alone in its cradle, the said pig entered during the said time the said house and disquire."


The Criminal

Prosecution and

and ate the face and neck of the said which, in consequence of the bites and defacements inflicted by the said pig, departed this Hfe (de ce Steele trepassa).'' The sentence pronounced by the judge was as follows, " We, in detestation and horror of the said crime, and to the end that an example may be made and justice maintained, have said, judged, sentenced, pronounced and appointed, that the said porker, now detained as a prisoner and confined in the said abbey, shall be by the master of high works hanged and strangled on a gibbet of wood near and adjoinant to the gallows and high place of execution belonging to the said monks, being contiguous to their fee-farm of Avin." The crime was committed " on the fee-farm of Clermont-lez-]\Iontcornet, appertaining in all matters of high, mean and base justice to the monks of the order of Premonstrants," and the prosecution was conducted by " Jehan Levoisier, licenciate in law, the grand mayor of the church and monastery of St. Martin de Laon of the order of Premonstrants and the aldermen of the

same place."



were the



preferred charges against the pig
the evidence necessary to

and procured


Appendix O.)
In 1394, a pig was hanged at Mortaign for having sacrilegiously eaten a consecrated wafer; and in a case of infanticide, it is expressly stated
in the plaintiff's declaration that the

pig killed

Capital Punishment of Animals
the child


and ate of its flesh, " although it was and this violation of the jejunium sextae, prescribed by the Church, was urged by the prosecuting attorney and accepted by the
court as a serious aggravation of the porker's

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 Troch^res, 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 evi-

dently regarded as a very solemn affair. The records of mediaeval courts, the chronicles of mediasval cloisters, and the archives of mediaeval cities, especially such as were under episcopal

sovereignty and governed by ecclesiastical law,
are full of such cases.
of a



dumb animal

for its crimes

punishment seems to us so


that sane

and absurd, that we can hardly believe and sober men were ever guilty of such yet the idea was quite familiar to our

ancestors as

brilliant Elizabethan

Shakespeare's day, in the age of English literature, evident from a passage in Gratiano's invec-

tive against



"thy currish


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


wolfish,' bloody, starv'd,

and ravenous."

not only endangering the lives of children. It is recorded that in 1131. dogs. so that they became a serious nuisance. son of Louis the Gross. mad slay 20. which frequented the streets and piazzas to the detriment and danger of the inhabitants. 1664. The fact that they were trial The frequency and adjudged under the special protection of St. was owing. the municipality of . should be removed from the city to a wood or other uninhabited place or be them whenever found at large. In some cities. will not seem strange. as the Crown Prince Philippe. ran violently between the legs of his horse. belonging to an abbot. the authorities treated them very much as we do a boar.158 The Criminal Prosecution and That such cases usually came under the jurisand so-called spiritualities and were tried by their peculiarly organized tribunals. in a great measure. with which pigs were brought to to death. empowering the carnifex to seize and On Nov. when we rediction of monasteries member that these religious establishments were great landed proprietors and at one time owned nearly one-third of all real estate in France. Naples passed an ordinance that the pigs. so that the prince fell to the ground and was killed. to the freedom with which they were permitted to run about the streets and to their immense number. Anthony of Padua conferred upon them a certain immunity. like Grenoble in the sixteenth century. was riding through one of the principal streets of Paris. but also generating and disseminating diseases.

as the age of the earth is determined by the strata which compose its crust. Little heed was paid to such things in the " good old times " of earlier date. however. but were a gradual outgrowth of the spirit of the Renaissance. 3. Sanitary considerations and salutary measures of this kind were by no means common in the Middle Ages. Bestie Delinquenti. when the test of holiness was the number of years a person went unwashed.Capital Punishment of Animals 159 slaughtered within twelve days on pain of the penalties already prescribed and threatened. on Nov. The freedom of the city almost universally enjoyed by mediaeval swine is still maintained by their descendants in many towns of Southern Italy and Sicily. expelling the pigs from the city and calling attention to the fact that they corrupted the atmosphere and thus imperiled the public health. probably in the order issued on Nov. or soon fell into abeyance. pp. of the same year. and the growth of the soul in sanctity was estimated by the thickness of the layers of filth on the body. since another was promulgated four years later. that these ordinances did not produce the desired effect. where they ramble at will through the streets or assemble in council before the palace of the prefect (cf. 29. It was with the revival of letters that men began to love cleanliness and to appreciate its hygienic value as well as its aesthetic beauty. It would seem. D'Addosio. 23-5). 1668. .

and to end to be hanged by the executioner of high on a tree within the metes and bounds of the said judicature on the highway from SaintFirmin to Senlis. other quadrupeds were frequently called Thus. bull belonging to a farmer in the village of ." Thus it is recorded that on the 27th of March." was condemned to be " exterminated to death." The court of the judicatory of Senlis. But although pigs appear to have been the principal culprits." " for the cruelty and ferocity " shown in murdering a little child four months old. " a sow with a black snout. the left hand and the part above the right breast of the said infant. in 13 14. a to answer for similar crimes.) of payment. having " eaten and devoured the head.i6o The Criminal Prosecution and tribunals In the latter half of the sixteenth century the began to take preventive measures against the public nuisance by holding the inhabitants responsible for the injuries done to individuals by swine running at large and by threatening with corporal as well as pecuniary punishment all persons who left " such beasts without a good and sure guard. 1567. especially as regard infanticide. also forbade all the inhabitants and subjects of the said seignioralty to permit the like beasts to go unguarded on pain of an arbitrary fine and of corporal chastisement in default (Vide Appendix P. which pronounced this sentence on this justice complaint of the procurator of the seigniory of Saint-Nicolas.

1499. and could not therefore serve as a precedent. and after being tried and convicted was sentenced to be hanged. but that the Count of Valois had no jurisdiction on the territory of Moisy. which decided that the bull had met with its deserts and been justly put to death. Count of Valois." who was employed II tending the horned cattle of the farmer Jean . the Cistercian Abbey condemned a red death bull inclusively. escaped into the highway. where it attacked a man and injured him so severely that he died a few hours afterwards." of for on which an ox had been Again on the the judicial authorities of to May.Capital Punishment of Animals i6i Moisy." Beaupre near Beauvais be "executed until having " killed with in furiosity a lad of fourteen or fifteen years of age. commanding payment to be made to the carpenter who had erected the scaffold executed i6th of '* for its demerits. and his officials no power to institute proceedings in this case. The ferocious animal was seized and imprisoned by the officers of Charles. There is also extant an order issued by the magistracy of Gisors in 1405. named Lucas Dupont. 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. but judicially The sentence was right in and technically wrong. 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. equity.

which. and as late as 1697 a mare was burned by the decision and decree of the Parliament of Aix. Other instances of this kind have been recorded. thus differing in its functions from the States General. and was witnessed by an of townsmen and peasants. that the executioner on cutting open the cock found three more eggs in him. was not a legislative body. In 1474. .) In 1389. The oeuf coquatri was supposed to be the pro- immense crowd The . is of course absurd we have to do in this case not with a freak of nature. the only law-making and representative assembly in France. it must be remembered. that may be said to have corresponded in the slightest degree to the modern conception of a parliament. with as great solemnity as would have been observed in consigning a heretic to the flames. but with the freak of an excited imagination tainted with superstition. the magistrates of Bale sentenced a cock to be burned at the stake " for the heinous and unnatural crime of laying an egg. but a supreme court of judicature. (Vide Appendix Q.'' The auto da fe was held on a height near the city called the Kohlenberg. the Carthusians of Dijon caused a horse to be condemned to death for homicide. one in the Swiss Prattigau as late as 1730.1 62 The Criminal Prosecution and Boullet. although in many cases the execution of the gallinaceous malefactor was more summary and less ceremonious than at Bale. statement made by Gross in his Kurse Busier Chronik.

Many naturalists believed this fable as late as the eighteenth century. or by the heat of the sun it brought forth a cockatrice or basiHsk. entitled " Observation sur les petits oeufs de poule sans jaune." before the Academy of Sciences in order to prove that cocks never lay and that the small and yolkless eggs attributed to them owe their peculiar shape and condition to a disease of the hen resulting in a hydropic malformation of the oviduct. On opening one of them. M. and in 17 10 the French savant Lapeyronie deemed this absurd notion worthy of serious refutation. and assured him that they had been laid by a cock in his own barnyard. and read a paper. A farmer brought him several specimens of this sort." He now began to suspect that the cock might be an hermaphrodite. But although the unfortunate chanticleer had fallen a victim to the scientific investigation of active . hatched by a serpent or a toad. somewhat larger than a pigeon's egg. which would hide in the roof of the house and " with its baneful breath and " death-darting eye destroy all the inmates. Lapeyronie was surprised to find only a very slight trace of the yolk resembling " a small serpent coiled. que Ton appelle vulgairement oeufs de Coq. the internal organs being all perfectly healthy and normal. but on killing and dissecting it discovered nothing in support of this theory.Capital Punishment of Animals 163 duct of a very old cock and to furnish the most When ingredient of witch ointment.

a phenomenon also a source of terror to the superstitious. pp. 55360. calls the animal hatched from the egg of an old cock eirreirdpta. 17 10. that the egg in passing had the yolk squeezed out of it. a name which would imply some sort of winged creature. written in verse. the severity of retaliatory justice was often tempered by economical considerations and the culprit confiscated. Lapeyronie to the same morbid state of the oviduct and the consequent pain caused by the passage of the egg (Memoires de I'Academie de Sciences. The dissection showed that the pressure of a bladder of serous fluid against the oviduct had so contracted it. leaving merely a yellowish discoloration that looked like laid a worm. only more violently. It was "sighted like the basilisk. Paris. In the case of a valuable animal. 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." and endowed also in other respects with the same fatal qualities. but ascribed by M. such as an ox or a horse. but not capi- Thus as early as the twelfth tally punished. until the farmer by carefully watching the fowls detected the hen that them.) A Greek physiologus of the twelfth century.164 The Criminal Prosecution and a popular delusion. the eggs in question continued to be produced. it shall . Another peculiarity of this hen was that she crowed like " a hoarse cock " (un coq enroue).

302. such as cats. at their own request. Pigs suffered most in this respect. quoted by Amira). ticularly liable and therefore par- possession. The perpetual smell of burning sulphur in his subterranean abode may render him proof against any . 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 to enter into the Gadarene herd of swine. dogs of high and low degree. night-birds and indeed in any beast. Animals were put on a par with old crones in bearing their full share of persecution during the witchcraft delusion. they shall be hanged by the hind feet " (Coustumes et Stilles Essai sur de Bourgoigne. it is well known. § 197 in Giraud : du Droit Francais. 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 I'Histoire scaffold. p. wolves. II. Goats.Capital Punishment of Animals 165 not be condemned to death. especially if it chanced to be black. if but other beasts or Jews do it. since they were assumed to be peculiarly attractive to devils. were not a too stinking habitation for him. as is evident from the legion that went out of the lunatic and were permitted. and even to dwell in skunks he did not despise. Beelzebub did not disdain to become incarnate to diabolical in all sorts of creatures.

As animals were considered embodiments of that the Prince of logical and consistent Darkness should reveal himself to mortal ken as a mongrel epitome of many beasts snake. Both address the court in florid and high-flown rhetoric and display rare erudition in quoting Aristotle. 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. there is hardly a living creature in which he has not deigned to disport himself from a blue-bottle to a bishop. when. Dandin solemnly takes his seat as judge. cat. Indeed. and declares his determination to to bribes " close his eyes and his ears to brigue. criminal prostill secutions of animals were quite frequent and the penalties inflicted extremely cruel.1 66 The Criminal Prosecution and suffocating form of stench. ape. a porcupine. it tells of his apparitions. buck and was perfectly — horse each contributing some characteristic part to his incarnation. pig. w-here a dog is tried for stealing and eating a capon. less . It was during the latter half of the seventeenth century. a toad and a gnat. all if we may believe what the learned polyhistor Tritheim devils." Petit Jean prosecutes and L'Intime appears for the defence. that Racine caricatured them in Les Plaideurs. dog. Pausanias and other ancient as well . to say nothing of his " appearing invisibly at times " (aliquando invisibiliter apparens). as we have seen.

burlesqued the institution of chivalry in the adventures of Don Quixote.) Lex talionis is the oldest kind of law and the most deeply rooted in human nature. which it would be thought immoral as well as cowardly not to put into pracNo principle is held more firmly or acted tice. eye foot for . demanded " life for hand for hand. It strikes us as simply farcical and not very funny to them it was a mirror reflecting a characteristic feature . tooth for tooth. a century earlier. he is moved by the economical consideration of the expense to the state of keeping the offspring of the culprit in a foundling hospital. as a public officer. Dandin's feelings are touched. also. To the primitive man and the savage. and appeals to the compassion and implores the clemency of the judge. — Hebrew legislation for eye. which we fail to appreciate. upon more universally than that of literal and exact retributions in man's dealings with his fellows the iron rule of doing unto others the wrongs which others have done unto you. To the contemporaries of Racine the representation of a scene like this had a signifi- cance. tit for tat is an ethical axiom. Thereupon the counsel for the defendant brings in a litter of puppies. too. (See Appendix R.Capital Punishment of Animals as 167 con- modern authorities. pauvres enfants qu'on veut rendre orphelins. is a father. life. for he. The accused is demned to the galleys. of the time and ridiculing a grave judicial abuse. as Cervantes. in case they should be deprived of paternal support.

147&. which were the instruments of sin. which punished a thief by the amputation or mutilation of his fingers. smiting with disease or miraculously destroying the bodily organs. for stripe. qui calorem stupri induxerunt. wound for wound. violence." and it was subsequently enacted. II.] This was believed to be God's method of punishment." An old Anglo-Saxon law principle of made this retaliatory membro the penalty was to memhrum 'pro of all crimes of personal even a lascivious eye be plucked out. that " if an ox gore a man or a woman that they die." [" Corruptor puniatur in eo in quo deliquat oculos igitur amittat. in accordance with this fundamental principle. I. propter aspectum decoris. quo virginem concupivit. Reeves. : The same sort of retributive justice was recog- nized by the Institutes of Manu. stripe burning for burning." but also "at the hand every beast. then the ox shall be surely "at of . including rape. 481. amittat et testiculos. 27) records how a thunderbolt was hurled by the divine hand in such a manner as to castrate a lascivious priest iynpurus et saltator sacerdos fulmine castratus. Bracton. 26. In the covenant with that Noah it was human blood should be required declared not only the hand of man.: 1 68 The Criminal Prosecution and foot. in accordance with the doctrine that " whosoever looketh on a woman to lust after her hath committed adultery with her already in his heart. Thus Stengelius {De Judiciis Divinis." Cf.

" To a creature which had become the peer of man in blood-guiltiness and in judicial punishment.Capital Punishment of Animals stoned. however. Usually. always followed. the Law Faculty of the University of Leipsic decided that a cow. The thrifty Flemings did not permit the moral depravity to taint the material substance of the bovine culprit and had been . eat 169 and his flesh shall not be eaten. to indicate that she had been capitally punished. impair the excellence of the beef. . This decision of Jewish law-givers as to the use of the flesh of otherwise edible animals to condemned been death for crime has in nearly 1553. after judicial sentence of death pronounced on a cow. which had pushed a woman and thereby caused her death at Machern in Saxony. were thrown into the river. 162 1. several swine were executed for child-murder at Frankfort on the Main. although doubtless as good pork as could be found in the shambles. they were buried under the gallows or in whatever spot was set apart for interring the dead bodies of human criminals. half of the proceeds of the sale being given as compensation to the injured party and the other half to the city treasury for distribution among but her head was struck off and stuck the poor on a stake near the gallows. At Ghent. in 1578. Thus when. On the other hand. would savour of anthropophagy. July 20. she was slaughtered and her flesh sold as butcher's meat. however. their carcasses.

III. given in 1666 and recorded in Tiirler's Strafrechtliche Gutachten des geistlichen Konvents der Stadi Bern (Zeitschrift fiir schweiz. citing as pertinent to the case the Mosaic law. In this connection it may be interesting to mention a decision of the Ecclesiastical Court {geistlicher Convent) of Berne. An insane man and there was to tried for murder and the prosecutor seems have urged that the lack of moral responsi- bility did not suffice to relieve the accused of and to free him from punishment. it cannot violate any. On the other hand. Bd.) leather. it could not be appealed to in the present case. Quoted by Tobler). even if the Jewish law should be really applicable to all men.lyo The Criminal Prosecution and should be taken to a secluded and barren place killed and buried " unflayed. and is not observed by them either as regards oxen or horses. that specifically Jewish law is not binding upon other governments. Inasmuch as no law is given to the ox.. death is a severe penalty for man. which inflicted the death penalty on an ox legal responsibility for the like offence. Heft 5. On this point the court replied : "In the first place. Nevertheless if God com- ." In this case the flesh of the homicidal animal was not to be eaten nor the hide converted into (Vide Appendix S. since it is not permissible to draw an inference a hove ad hominem. Strafrecht. Again. in other words. cannot sin and therefore cannot be punished.

and is killed. any for the insane man. the dis- cussion of a criminal act from a psychiatrical point of view and the admission of extenuating and exculpating circumstances derived from this source. and. and in doing this there is no question of right or wrong as regards the ox. although God enacted a law for the ox. for. unless he has deserved death as a punishment. and the distinction between the goring ox and the maniac must be observed.Capital Punishment of Animals 171 killed. and can therefore be killed for his sake. secondly. The Koran holds every beast and fowl ac- countable for injuries done to each other. proves nothing touching the case now before us. first. it is not permissible to kill a man. is to fell the tree. manded this that the ' goring ox ' should be was done in order to excite aversion to the and deed. the abrogation of a biblical enactment by an ecclesiastical court of the seventeenth century. he did not enact beast. to prevent the animal from injuring others. An ox is created for man's sake. and the blood of the slain was not thought to be thoroughly avenged until the offending object had been . however. the sacred duty of the next of kin and cut it up and scatter the chips abroad. in this manner to punish the owner of the This fact. on the other hand. but reserves their punishment for the life to Among the Kukis. it if a man falls from a tree come." The remarkable points in this decision are. The spirit of the tree was sup- posed to have caused the mishap.

Even in cases which. Demosthenes. Thus the statue erected by the Athenians in honour of the famous athlete. by which a person had lost his life. Judicial proceedings of this aylfvxov kind were called lifeless things) bUai (prosecutions of and were conducted before the Athenian law-court known as the Prytaneion they are alluded to by -^schines. Pausanias. and briefly described in the Onomasticon of Julius Pollux and the Lexicon Decern Oratorum Graecorum of Valerius Harpokration. the wielder of the same being unknown and also upon a bust of the elegiac poet Theognis.. was pronounced upon a sword. A survival of this notion was the custom burning heretics and flinging their ashes to the four winds or casting them upon rivers running into the sea. and other writers. 172 The Criminal of Prosecution and effaced from the earth. Nikon of Thasos. which had killed a priest. The laws of Drakon and Erechtheus required weapons and all other objects. . might be regarded as justifiable homicide in self-defence. which had fallen on a man and caused his death. to be publicly condemned and thrown beyond the Athenian boundaries. In falling it crushed one of its assailants. no such ground of exculpation seems to have been admitted. was assailed by his envious foes and pushed from its pedestal. cast into the sea. This sentence of banishment. one would think. and was therefore brought before the proper tribunal and sentenced to be . then regarded as one of the severest that could be inflicted.

12) was as follows: " If a draught animal or any other beast kill a person.Capital Punishment of Animals 173 Strictly speaking. The law on this point as formulated and expounded by Plato (De Leg. the term ayj/vxov should be applied only to an inanimate object and not to the brute. in the same manner as if it were an animal. the kinsmen of the slain shall prosecute the said homicide for murder. provided it may not be a thunderbolt (Kepawos) or other missile (/3eAos) hurled by a god. exterminate in the literal and original sense of the term). which was more correctly called acfxavov but this distinction was not always observed either in common parlance or in legal phraseology.). If a lifeless thing shall deprive a person of life.. then proclamation shall be made by a herald on the market-place forbid- . and the overseers of the public lands (aypovofjLoi. shall adjudicate (dumb) ." In the same section it is enacted that if a person be found dead and the murderer be unknown. upon the case and send the offender beyond the boundaries of the country (e^opiCei'V. unless it be in a combat authorized and instituted by the state. then the kinsman immediate to the deceased shall appoint the nearest neighbour as judge in order to purify himself as well as his next of kin from blood-guiltiness. but an object which the said person may have run against or by which he may have been struck and slain. IX. but the culprit (to o(j)Xov) shall be put beyond the boundaries. as many as may be commissioned by the said kinsmen.

-^schylus. Quite recently in China fifteen wooden idols were tried and condemned to decapitation for having caused the death of a man of high military rank. no matter whether it may have been shed wilfully or accidentally. On complaint of the family of the deceased the viceroy residing at Fouchow ordered the culprits to be taken out of the temple and brought before the criminal court of that city. Cho. The execution is reported to have taken place in the presence of a large concourse of approving spectators and " amid the loud execrations of the . and declaring that. ding the murderer as the Greeks called it. 395. if discovered. where this law (I'ufxos) is clearly and strongly affirmed. the fxCaa-fxa of murder.] The same superstitious feeling leads the hunters of many savage tribes to beg pardon of bears and other wild animals for killing them and to purify themselves by religious rites from the taint incurred by such an act. which after due process of law sentenced them to have their heads severed from their bodies and then to be thrown into a' pond. he shall be put to death and his body be thrown unburied beyond the boundaries of the country of the person killed. and to avert the calamities which would otherwise be brought upon the land.. [Cf. in accordance with the strict law of retribution demanding blood for blood. The object of these measures was to appease the Erinnys or avenging spirit of the deceased.1/4 The Criminal Prosecution and to enter any sanctuary or the land of the slain.

the great bell of that town rang the signal of insurrection. The drummer was sued edition states that for damages. and conveyed with other exiles to Tobolsk. 'A like sentence was imposed by a Russian tribunal on a butting ram in the latter half of the seventeenth century. evil-livers. in which blasphemers. in his Metamorphosis Telae Judiciariae. and the justice. dog sentenced to one year's incarceration in the Narrenkotterlein. a drummer's dog in an Austrian garrison town bit a member of the municipal council in the right leg. but not until 1892 was it fully pardoned and restored to its original place in Uglich. For this serious political offence the bell was sentenced to perpetual banishment in Siberia. 1591. at Uglich. was assassinated on May 15.. After a long period of solitary confinement it was partially purged of its iniquity by conjuration and re-consecration and suspended in the tower of a church in the Siberian capital. of which the eighth was published at Nuremberg in 17 12. a sort of pillory or iron cage standing on the market-place. Mathias Abele von Lilienberg. Narrenkoderl or Kotter formerly ." who seem in their excitement to have " lost their heads " as well as the hapless deities. but refused to be responsible for the snappish cur and delivered it over to the arm of Thereupon he was released. rowdies and other peacebreakers were commonly confined. the son of Ivan II. i When the Russian prince Dimitri. his place of exile.Capital Punishment of Animals 175 masses. [The Narrenkotterlein.

were " by sentence and decree of the court put It is surely reasonable enough that to death. feature of the case ally tried is that they should be form- tribunal. but shall be " punished with the punishment of a conscious and premeditated offence (baodhovarsta)^ i." mad dogs should be killed the remarkable : . This cruel and absurd enactment is wholly inconsistent with the kindly spirit shown in the Avesta towards all animals recognized as the creatures of Ahuramazda. and especially with the many measures . 245. bestimmt das darin versperrte Individuum dem Spotte des Pobels preiszugeben (zu narren). e. it is expressly declared in the Avesta that a mad dog shall not be permitted to plead insanity in exculpation of itself. and convicted as murderers by a legal and that no account should have been taken of their rabies as an extenuating circumstance or ground of acquittal.176 The Criminal Prosecution and on the chief public squares in Vienna are described as " Menschenkafige mit Cittern von Eisen und Holz.] Mornacius also relates that several mad dogs." Schlager Wiener Skissen aus dem Mittelalter. On the other hand. beginning with the loss of its ears. II. extending to the crippling of its feet and ending with the amputation of its tail. which attacked and tore in pieces a Franciscan novice in 1610. In such a case the plea of insanity would certainly seem to be naturally suggested and perfectly valid. by progressive mutilation. correit sponding to the number of persons or beasts has bitten.

but also by crucifying a dog. as prescribed by Jewish and other ancient lawgivers. not only by paying honour to the descendants of the sacred geese. as a punishment for the want of vigilance shown by its progenitors on that occasion. as is still the practice of modern states. just as they would care for a righteous this man. and to " wait upon him with medicaments and to try to heal him.Capital Punishment of Animals 177 taken by the Indo-Aryans as a pastoral people Indeed. th^t sets the sin of the federal head of the race to the account of his remotest posterity and relieves them from its penalties only through the suffering and death 12 . A curious example of imputed crime and its penal consequences is seen in the Roman custom of celebrating the anniversary of the preservation of the Capitol from the night-attack of the Gauls." is On so important point Avestan legislation inconsistent and self-contradictory that one may justly suspect the harsh enactments to be later interpolations. a parafor the protection of the dog. This imputation of merit and demerit was really no more absurd than to visit the sins of the fathers on the children. or any other theory of inherited guilt or scheme of vicarious atonement. graph immediately following in the same chapter commands the Mazdayasnians to treat such a rabid dog humanely. adorning them with jewels and carrying them about in litters. or to decree corruption of blood in persons attainted of treason. whose cries gave warning of the enemy's approach.

hunde und katzen. abolished by King Canute. love \ioT his children. which continues be the unwritten but inviolable code of many semi-civilized communities. digest of South in The Schwabenspiegel. though it had never taken food {pedh hit najre metes ne dbite).the state by the strongest of ties. They are all appliwhich. justice. in primitive society. ros und rinder. the German law. which a crime of violence had been com['* Man mitted. is based upon the same conception of consanguineous solidarity for the perpetration and to avenging of crime. since the father is thereby bound to the interests of . they ought to suffer the same penalty as their parents. with its gross conceptions of cations of the barbarous principle. in case stolen property was found in the house of a thief." § 290. ganzen und hundre.178 of a- The Criminal Prosecution and wholly innocent person. According to an old Anglo-Saxon law." Roman law under the empire Ipunished treason with death and then added j" As to the sons of traitors. his wife and family. even to the infant in the cradle. made the entire tribe responsible for the its conduct of each of members.] Cicero approved of such penalties for political : crimes as " severe but wise enactments. The vendetta. since it is : . namely. in den huze ist gesoil allez daz totden daz vonden leuten und vie. were punished as partakers of his guilt. treated as oldest acces- saries all the domestic animals found in a house. and punished them with death.

Elizabeth. to was arrested. we grant of the their lives. Branded with hereditary infamy and excluded from all hope of honour or of property. Thus. On the day after his execution his only daughter. The principle enunciated by Cicero has also been accepted by modern legislators as applicable to high treason. while the city itself was to be razed and the site covered with stones. slaves and kindred of the culprits. nevertheless. the Justinian of the ancient Peruvians. declare gift to be incapable of inheriting anything from or father or mother or of receiving any bequest in consequence of any devise or testament of kinsmen or friends. 14 of the same year. attempted to take the life of Frederic William of Prussia. he was tried and executed Dec.Capital Punishment of Animals highly guilty 179 probable that they will sometime be same crime themselves." This atrocious edict of the emperors Arcadius and Honorius has its counterpart in the still more radical code of Pachacutez. when Tschech. which punished adultery with the wife of an Inca by putting to death not only the adulteress and her seducer. the burgomaster of Storkow. July 26. her inquiry by what right she and had been . as a special act of clemency. as well as all the inhabitants of the city in which the crime was committed. may they suffer the torture of disgrace and poverty until they shall look upon life as a curse and long for death as a kind release. at the them them same time. but also the children. 1844. but.



Criminal Prosecution and

deprived of her freedom, the authorities replied that, "according to Prussian law the children of a person convicted of high treason and all the members of his family, especially if they seemed to be dangerous and to share the opinions of their father, can be imprisoned for life or banished from the country." The young lady was then exiled to Westphalia, and there placed in the custody of an extremely austere parson, until she finally escaped to France, and afterwards to Switzerland, where she spent the rest of her days. When the prefects Tatian and Proculus fell
into disgrace, Lycia, their native land, was deprived of the autonomy it had hitherto enjoyed as a Roman province, and its inhabitants were disfranchised and declared incapable of holding any office under the empire. So, too, when Joshua discovered some of the spoils of Jericho hidden in the tent of Achan, not only the thief himself, but also " his sons, and his daughters, and his oxen, and his asses, and his sheep, and his tent, and all that he had," were brought into the valley of Achor, and there stoned with stones and burned with fire. About this time, however, such holocausts of justice were suppressed among the Jews, and a law enacted that henceforth " the fathers shall not be put to death for the children, neither shall the children be put to death for the fathers, every man shall be put to death for his own sin;" -or, as Jeremiah expresses it figuratively, the children's teeth were

Capital Punishment of Animals
to be


on edge by the sour grapes had eaten. Yet the persistency of time-honoured custom and its power

no longer




of overriding


statutes are seen in the fact

that, several centuries later, at the request of the

whom it had become desirable to David did not scruple to deliver up to them seven of Saul's sons to be hanged for the evil which their father had wrought in slaying these foes of Israel. It would have been a parallel case if Bismarck had sought to win the friendship and favour of the French by giving into their hands the descendants of Bliicher to be guillotined on the Place de la Concorde, or,

having made a political pilgrimage to Canossa, should surrender the children of Dr. Falk to be racked and burned at the stake by the ultramontanes. According to the current orthodox theology, treason against God, committed by our common progenitor, worked "corruption of blood" in

the whole human race, all the children of men being attainted with guilt in consequence of the act of their first parent. This crude and brutal

conception of justice is the survival of a primitive and barbarous state of society, and it is curious to observe how the most highly civilized peoples, who have outgrown this notion and set

aside in the secular relations of cling to





as something sacred and sublime
relations of

in the spiritual


to the deity.


the all-wise

and all-powerful sovereign



The Criminal

Prosecution and

the universe is supposed continue to to administer law and justice on principles which common-sense and the enlightened opinion of mankind have long since abrogated and banished from earthly legislation. Thus the divine government, instead of keeping pace with the progress of human institutions, still corresponds to the ideals of right and retribution entertained by savage tribes and the lowest types


horrible mutilations to which criminals were formerly subjected, originated in an endeavour to administer strictly even-handed What could be fairer or more fit than justice. to punish perjury by cutting off the two fingers which the perjurer had held up in taking the violated oath ? It was a popular belief that the fingers of an undetected perjurer would grow out of the grave after death, seeking retributive amputation, as a plant seeks the light, and that his ghost would never rest until this penalty had Schles. been inflicted. (See Heinrich Roch Chron., p. 267, where a case of this kind is


The Carolina {constitutio criminalis many respects an advance on mediaeval penal legislation, doomed incendirecorded.) Carolina), although in
aries to be burned alive; and an old law, cited by Dopier (Theat. Poen., II. 271), condemned a man who had dug up and removed a boundary stone to be buried in the earth up to his neck and to have his head plowed off with a new plow,

thus symbolizing in his

own person

the grave

Capital Punishment of Animals
offence which he
vitch, a


had committed. Ivan BasiloMuscovite prince, ordered that an ambassador, who did not uncover in his presence, should have his hat nailed to his head; and it is a feeble survival of the same idea of proper punishment that makes the American farmer nail the dead hawk to his barn-door, just as in former times it was customary to crucify high-

way robbers

at cross-roads.

to an old Roman law ascribed to Pompilius, the oxen which plowed up a boundary stone, as well as their driver, were


In the early sacrificed to Jupiter Terminus. development of agriculture, and the transition from communal to personal property in land, this severe enactment was deemed necessary to the protection of the " sacra saxa," by which the boundary lines of the fields were defined. Only by making the violation of enclosed ground a



possible to prevent encroach-

so strong was the lingering prejudice against individual possessions of this kind

ments upon

running nomadic

in the


blood of a people descended from of herdsmen, who regarded

sedentary communities engaged in tilling the The lawgiver knew soil as their direst foes. very well that the oxen were involuntary agents, and that the plowman alone was culpable; but when a religious atonement is to be made and an angry god appeased, moral distinctions determining degrees of responsibility are uniformly ignored, and the innocent are doomed to suffer


The Criminal

Prosecution and

with the guilty. The oxen were tainted by the performance of an act, in which the exercise of their will was not involved, and must thereThe fore be consigned to the offended deity. same is true of the plowman, who did not escape immolation even when the lyiotio termini or displacement of the boundary stone occurred

That the feeling, which found expression in such enactments and usages and survives in schemes of expiation and vicarious sacrifice, lies scarcely skin-deep under the polished surface of our civilization, is evident from the force and suddenness with which it breaks out under
strong excitement, as when Cincinnati rioters burn the court-house because they suspect the judges of venality and are dissatisfied with the
verdicts of the juries.

the savage, like the low

primitive man and and ignorant masses of communities, do not take into con-


sideration whether the objects from which they
suffer injury are intelligent agents or not, but

vengeance on stocks and stones and obeying only the rude instinct of revenge. The power of restraining these aboriginal propensities, and of nicely analyzing actions and studying mental conditions in order to ascertain degrees of moral responsibility, presupposes a high degree of mental development and refinement and great acuteness of psychological perception, and is, in fact, only a




recent acquisition

of a

small minority of the

Capital Punishment of Animals


The vast bulk of mankind will through a long process of intellectual evolution, and rise far above their present place in the ascending scale of culture before


to pass

they attain


For this reason Lombroso would abolish trial by jury, which seems to him not a sign of progress towards better judicatory methods, but a

clumsy survival of primitive justice as administered by barbarous tribes and even gregarious animals. It makes the administration of justice dependent upon popular prejudice and passion, and finds its most violent expression or explosion in lynch law, which is only trial by a jury It would of the whole community gone mad. certainly be a dismal farce to apply to the
criminal classes the principle that every man must be judged by his peers. In the cantonal courts of Switzerland the verdict of the jury is uniformly in favour of the native against the

no matter what the merits of the case be and this outrageous perversion of right and equity is called patriotism, a term which conveniently sums up and euphemizes the general sentiment of Helvetian innkeepers and tradesmen that "the stranger within their gates " is their legitimate spoil, and has no other










and Sicily, a thief may be sometimes condemned, but a murderer is almost invariably acquitted by the jury, whose decision expresses
the corrupted moral sense of a people accus-



The Criminal

Prosecution and



admire the bandit as a hero and brigandage a highly honourable



childish disposition to punish irrational

creatures and inanimate objects, which
to the infancy of individuals



of races, has

stitution of

a distinct trace of itself in that peculiar inEnglish law known as deodand, and derived partly from Jewish and partly from old German usages and traditions. " If a horse," says Blackstone, " or any other animal, of its

own motion


as well an infant as an adult,

a cart run over him, they shall in either case be forfeited as deodand." If a man, in

driving a cart, tumble to the ground and lose his life by the wheel passing over him, if a tree fall on a man and cause his death, or if a horse kick his keeper and kill him, then the wheel, the tree and the horse are deodands pro rege, and are to be sold for the benefit of the poor. Omnia quae movent ad mortem sunt Deo danda is the principle laid down by Bracton.
If therefore a cart-wheel run over a man and kill him, not only is the wheel, but also the whole cart to be declared deodand, because the momentum of the cart in motion contributed to the man's death; but if the shaft fall upon a man and kill him, then only the shaft is deodand, since the cart did not participate in the crime.


also stated, curiously enough, that

infant fall from a cart not in

if an motion and be neither the horse nor the cart shall be

Capital Punishment of Animals
declared deodand;


not so, however,


an adult


to his death in this


The ground

is not quite clear; although from the assumption that the child had no business there, or that such an accident could not have happened to an adult, unless there was something irregular and perverse in the conduct of the animal or the vehicle. In the archives of Maryland, edited by Dr. William Hand Browne and Miss Harrison in 1887, mention is made of an inquest held January 31, 1637, on the body of a planter, who " by the fall of " And a tree had his bloud bulke broken."

of this distinction



furthermore the Jurors aforesaid upon their oath aforesaid say that the said tree moved to the death

John Bryant; and therefore find the Lord Proprietor." According to an old Anglo-Saxon law a sword or other object by which a man had been slain, was not regarded as pure (gesund) until the crime had been expiated, and therefore could not be used, but must be set apart as a sacrifice. A sword-cutler would not take such a weapon to polish or repair without a certificate that it was gesund or free from homicidal taint, so as not to render himself liable for any harm it might inflict, since it was supposed to exert a certain magical and malicious influence. Also an ancient municipal law of the city of Schleswig stipulated that the builder of a house should be held responsible in case any one should be killed by a beam, block, rafter or other piece of timber,
of the said

said tree forfeited to the

or better exerts a magical of an executed murderer. and protective power or brings good luck. Heinrich Brunner Deutsche Rechtsgeschichte. or give the object had committed the manslaughter to the family or kinsmen of the slain. (Cf. then the owner had to atone for the homicide with the whole house. tion indulge with impunity his propensity to steal.) : principle is the notion.1 88 The Criminal Prosecution and that and pay a fine of nine marks. 1894. that any part still of the body of a deceased person. to the loss In to some of the Scottish islands it is the custom beach a boat. which he supposed would render him invisible to mortal sight like the famous tarnkappc of old German mythology. A modern survival of this legal 557. It is by no means uncommon among the peasants and lower classes of Europe to put the finger of a dead thief under the threshold in order to protect the house homoepathically is The persistency of this superstishown by the fact that a farmer's hired man named Sier and belonging to the hamlet of Heumaden. Anm. May 23. 31. If he failed to do so and built the contaminated timber into the edifice. II. and thus enable him to against theft. was tried at Weiden in Bavaria. For this sacrilege he was sentenced to one year and two months' imprisonment and of civil rights for three years. current especially among criminals. p. ^nd convicted of having exhumed the body of a newly buried child in the churchyard of Moosbach and taken out one of its eyes. from which a fisherman had .

two-thirds of the value of the confiscated animal or object. as an expiation for the souls of such as were snatched away by sudden death. for example. No. but only escheat. Liineburg. the confiscated objects were not necessarily appled to pious purposes pro anima regis et omnium fidelium defunctoriim. in other words. but so modified — the practical application of the principle as to award in to the injured party the greater portion. Some German communities and territorial sovereigns introduced it from France.but were simply forfeited to the king or to the state. p. 594. . cursing it for its misdeed and letting it dry and fall to pieces in the sun. The boat is guilty of manslaughter and must no longer be permitted to sail the sea with innocent craft. Scotch law does not seem to have recognized deodand in the strictly etymological sense of the term. dently the ^earned author of the Commentaries could give no consistent explanation of these His vestiges of ancient criminal legislation. in the blind days of popery. (Vide Kraut's Stadtrecht von Liineburg.— Capital Punishment of Animals 189 been drowned. Cited by Von Amira.) Blackstone's theories of the origin of deodands Eviare exceedingly vague and unsatisfactory." are equally incorrect. This form of confiscation never prevailed so generally in Central and Eastern. as in Western Europe. statement that they were intended to punish the owner of the forfeited property for his negligence. and his further assertion that they were " designed. XCVII.

who otherwise might visit mankind with famine and pestilence and divers For the same reason the retaliatory scourges. by taking his own life. Yet this was by no means the intention of the lawmakers. just as a slaveholder incurs loss when human chattel commits murder and is hanged it. and. Under hierarchical governments the prominent idea was to appease the wrath of God. The man had enjoyed the support and protection of the body-politic during his infancy and youth. Ancient legislators uniformly regarded a felo de se as a criminal against society and treated him as a kind of traitor. He suffered only incidentally different from a penalty imposed for a wholly his for purpose. property of a suicide was deodand. he shook off the responsibilities and shirked the duties devolving upon him as an . who simply wished to prescribe an adequate atonement for a grievous offence. were subjected to additional punishment for it by being robbed of their rightful inheritance. and in seeking to accomplish this main purpose. ignored the effect of their action upon the fortunes of the heirs or deemed it a matter of minor consideration. Thus the wife and children of the deceased. who may be supposed to have already suffered most from the fatal act. The primal object was to atone for the taking of life in accordance with certain crude conceptions of retribution.190 The Criminal Prosecution and In most cases the owner was perfectly innocent and very frequently was himself the victim of the accident.

and was perhaps found more convenient and economical than to grant pensions or to support paupers. as an accursed thing. this way. of getting rid of those who had to finished the struggle for existence or failed in and in either case might be a burden them- selves or to the state. to be burned and the Christian Church of to-day refuses to bury in consecrated ground with religious rites any person why . Calchas would not permit the body of " the mad Ajax. was found to have good and sufficient reason for taking his own life. and thereby rendered honourable. lopped off the hand of a suicide and buried the existence guilty instrument of his death. Suicide was thus legalized and facilitated. if they wished to do so. when . if they saw fit. They had performed the duties of citizenship and of procreation and were permitted to retire in In very ancient times. then a Greek colony) are said to have kept on hand a supply of poison to be given to any citizen. It was a summary method it. the magistrates of Massalia (Marseilles. who. apart from the rest of the interred or incremated body. This is self-murder was called felony and as such involved forfeiture of goods. On the other hand." who died by his own hand. who Most deliberately cuts short the thread of his and thus commits treason against the The Athenians ignominiously High.Capital Punishment of Animals adult 191 member of the commonwealth. In some communities all persons over sixty years of age have been left free to kill themselves. on due examination.

as Blackstone asserts. in Athens. but as a solemn act of expiation or that condemned and confiscated a ship. to . had thrown a man overboard and caused his death. the municipal authorities decreed that the bodies of all such persons should be exposed naked in the market-place. that the Church claimed deodands as her due and put the price of them into her own coffers. Europe excommunicated bugs and sent beasts the stake and to the gallows. in which a person had been drowned. an Ionian city in Caria. in order that virgin modesty and shame might overcome the desire of death. tion of some vestiges of primitive legislation maritime law. they are. an expression of the same feeling that led the public authorities to fill up a well. expatriated stocks and stones. but this They were fact does not explain their origin. and threatened to produce a dearth of wives and mothers. and check a self-destructive passion extremely detrimental to the Milesian commonwealth. It is true. which. one of the latest applications of a penal principle. Deodands were not abolished in England until With the excepthe reign of Queen Victoria.192 The Criminal Prosecution and a suicidal mania seized upon the maidens of Miletos. and in other countries of . by lurching. which. in still lingering in modern codes. not as a precautionary measure.

acting automatically or under an insane and irresistible impulse to evil.Capital Punishment of Animals 193 CHAPTER II MEDIEVAL AND MODERN PENOLOGY A STRIKING and significant indication of the remarkable change that has come over the spirit and more especially of criminal jurisprudence. in comparatively recent times. factors. and to plead this innate and constitutional proclivity. the tendency now-a-days is to regard men as brutes. Mediaeval jurists and judges did not stop to solve intricate problems of psycho-pathology nor 13 . in pro- secution for murder. Some persons even maintain. and to punish them capitally as maleof legislation. lawgivers and courts of justice still continued to treat brutes as men responsible for their misdeeds. as we have already seen. as an extenuating or even wholly exculpating circumstance. is the fact that whereas. a few generations ago. that such criminals are diabolically possessed and thus account for their inveterate and otherwise incredible perversity on the theory held by the highest authorities in the Middle Ages concerning the nature of noxious animals.

to measure gradations of culpaor to detect delicate differences in the psychical texture and spiritual qualities of deeds. more accustomed and better adapted to clinch a fist and strike a blow than to weigh motives nicely in a balance. They dealt directly with overt acts and administered justice with a rude and retaliative hand.194 The The Criminal legal (if Prosecution and to sift the expert evidence of the psychiater. were the appropriate signs of medicine and jurisprudence. bloodletting was regarded as the only infallible cure mind. even when one of the doers was a brute beast. which we seek painfully to untie and often succeed only in hopelessly tangling. it is not the same) was too fine a distinction for them. for all the social ills that afflict the human and the body. Hygeia and Justicia. maxim idem they boldly cut with executioner's sword. : Si duo faciunt idem non est two do the same thing. as radical remedies for all forms and degrees of criminal alienation and murderous aberration of Phlebotomy was the catholicon of the physician and the craze of the jurist. The puzzling knots. symbols of venesection as a means of promoting the physical and moral health of the community. Doctors of physic and doctors of law vied with each other in applying this panacea. The red-streaked pole of the barbersurgeon and the reeking scaffold. They put implicit faith in Jack Cade's prescrip" tion of " hempen caudle " and " pap of hatchet bility. instead of being repre- .

resembling . of flesh-coloured cere-cloth. Even the dead. In 1685. but escaped their due punishment. preying upon the herds and even devouring women and children. who should have been hanged.Capital Punishment of Animals 195 sented by graceful females feeding the emblematic serpent of recuperation or holding with firm and even hand the well-poised scales of would have been more fitly typified by two enormous leeches gorged with blood. in tint the human skin. Culprits. Their restless ghosts wandered about as vampires or other malicious spooks until their crimes had been expiated by digging up their bodies and suspending them from the gallows. a were-wolf. who died on the rack or in prison. and adorned with a chestnut brown wig and a long whitish beard the snout of the beast was cut off and a mask of the burgomaster's features substituted for it. supposed to be the incarnation of a deceased burgomaster of Ansbach. its carcass was then clad in a tight suit equity. did much harm in the neighbourhood of that city. With great difficulty the ravenous beast was finally killed. could not rest in their graves until the corpse had suffered the proper legal penalty at the hands of the public executioner. and the produced was counterfeit presentment thus hanged by order of the court. were brought to the scaffold as though they were still alive. The pelt of the strangely transmogrified wolf was stuffed and preserved in the margrave's cabinet of curiosities .

died and. In Hungary and the Slavic countries of Eastern Europe the public execution of vampires was formerly of frequent occurrence. a herdsman near the town of Cadan came forth from his grave every night. in the Again wife. conversing affably with some and murdering others. that when the fire began to take effect. and the superstition. a potter's reputed to be a witch. bellowed for a while like a bull and hee-hawed like an ass. terrifying the inhabitants. until one of the executioners stabbed We him in the side." it was decided to give him over to two public are informed executioners to be burned. with whom he associated. still prevails among the rural population of those semi-civilized lands. was refused burial in consecrated ground and dumped in 1345. visiting the villages. In 1337. owing to suspicions of her pact with Satan.196 The Criminal Prosecution and as a memorial of the marvellous event and as ocular proof of the existence of were-wolves. with which to ward At length off the dogs when I go out to walk. who was . " he drew up his feet. him in his grave a stake was driven through his body. Every person. so that the blood oozed out and the evil finally ceased. was doomed to die within eight days and to In order to keep at this wander as a vampire after death. which gave rise to such proceedings. but he only laughed clumsy attempt to impale a ghost. saying : " You have really rendered me a great service by providing me with a staff." town of Lewin.

causing much terror and slaying sundry persons. on being pulled out of her throat. Thereupon she was exhumed and it was found that she had chewed and swallowed one half of her face-cloth. The event proved that she was not a good Christian. blood spurted forth. She now walked abroad with the stake in her hand and killed quite a number of people with this formidable weapon. A stake was driven through her breast.Capital Punishment of Animals 197 into a ditch like a dog. who wandered about after death as a vampire. but this precautionary measure only made matters worse. His remains were reduced to ashes and nothing more was heard of him. In I573i the parliament of Dole published a . a stream of tree. frightening and strangling several By order of the court his body was individuals. whereupon she ceased from troubling. disinterred and decapitated under the gallows- When his head was struck off. Dopier cites also the case of Stephen Hiibner of Trautenau. and were thus punished for their remissness. such as it was. although he had been already five months buried. She was then taken up a second time and burned. she roamed about in the form of divers unclean beasts. The efficacy of this postmortem auto da fe was accepted as conclusive proof that her neighbours had neglected to perform their whole religious duty in not having burned her when she was alive. for instead of remaining quietly in her grave. showed stains of blood. which.

" The poor lycanthrope." the people were empowered to " assemble with javelins. succeeded to the tiara in 896. bind and kill it. Henry VIII. which infested that province. and his bones. if we may judge from the fact that the same tribunal in the following year (1574) condemned to be burned a man named Gilles Garnier. who ran on all fours in the forest and fields and devoured little children "even on Friday. had as slight respect for ecclesiastical fasts as the French pig already mentioned. it appears. where they could find it. and to take. one of his first acts was to cause the body of his predecessor. without incurring any fine or other penalty. arquebuses and clubs to hunt and pursue the said were-wolf in all places. pikes." The hunt seems to have been successful. burned and scattered to the winds.198 The Criminal Prosecution and decree permitting the inhabitants of the Franche to pursue and kill a were-wolf or loupgarou. of England summoned Thomas k Becket to appear before the Star Chamber to answer for his crimes and then had him condemned as a traitor. "notwithstanding the existing laws concerning the chase. which was not restrained by any feeling of piety from eating infants on a jour maigre. halberds. When Stephen VI. to be exhumed and brought to trial on the charge of having un- Comt^ . Formosus. that had been nearly four centuries in the tomb and worshipped as holy relics by countless pilgrims.

Not until several months later. was office.Capital Punishment of Animals 199 lawfully and sacrilegiously usurped the papal dignity. The perpetration of this brutality was reserved for the Papal See. ness of prosecuting inanimate objects. which had Iain already eight months in the dug up. No sooner was the sentence pronounced than the executioners thrust him from the throne. although the synodical jury was known to be packed and the verdict predetermined. The Athenian Prytaneum. No legal formality was omitted in this strange procedure and a deacon was appointed to defend the accused. stripped him of his pontifical robes and other ensigns of grave. Formosus was found guilty and condemned to deposition. re-arrayed in full pontificals and seated on a throne in the council-hall of St. . after Stephen himself had been strangled in prison. where a synod had been convened to adjudicate upon the case. as we have already seen. Peter's. were the mutilated and putrefied remains of Formosus taken out of the water and restored to the tomb. A writ of summons was issued in due form and the corpse of the octogenarian pope. was guilty of the childishthe Tiber. but it never violated the sepulchre for the purpose of inflicting post-humous punishment on corpses. cut off the three benedictory fingers of his dragged him by the feet out of the judgment-hall and threw his body " as a pestilential thing" (uti quoddam mephiticum) into right hand.

there is no culpabilty. Fouillee. Despine. Albrecht. presupposes. Garofalo. which it dealt with on the homoeopenal principle of similia similibiis puniantur. Maudsley.200 The Criminal Prosecution and From the standpoint of ancient and mediaeval jurisprudents the overt act alone was assumed to constitute the crime the mental condition of the criminal was never or a least very seldom . Moleschott. but normal freedom of the will on the part of the agent. morally and legally considered. Notovich and other European criminal lawyers. whatever may have been the consequences of the act. Letourneau. The punishableness of an offence is now generally recognized as depending solely upon the sanity and rationality of the offender. . for such a thing does not exist. and regarded exclusively the effects. Crime. for the most part blindly and brutally applied. taken into consideration. and how very recently even the first attempts have been made to establish penal codes on a philosophic basis. Modern criminal law looks primarily to the psychical origin of the deed. physiologists and anthropologists have devoted themselves with peculiar dikt. Bruce Thompson. mediaeval criminal law ignored the origin altogether. Mancini. It is remarkable how long this crude and superficial conception of justice prevailed. Nicholson. and only secondarily to its physical effects. Minzloff. Lombroso. not perfect. Where this element is wanting. BeneBiichner.

they are simply absurd. and have drawn nice and often overnice distinctions in determining rare acuteness to the study of obscure and degrees of personal responsibility. then understanding and the crassest ignorance. may be perfectly clear. however. A partial state of life or death alive is impossible . or it may be parti- . " " partial vitiation of mind and " semi-irresistible force " are entitled to the same or at least to proportional consideration. with states of mind. impairing the full and healthy exercise of the mental faculties. such expressions as halfof . The intellect. literally. whose soundness is the first condition of accountability." says Zupetta. but the slightest morbid disturbance. Judicial procedure no longer stops with testimony establishing the bald facts in the case. but admits also the evidence of the expert alienist in order to ascertain to what extent the will of the accused was free or functionally normal in its operation.Capital Punishment of Animals zeal 201 and solution and perplexing problems of psychopathological jurisprudence. perceptible to the coarsest are exculpatory. manifesting itself in all its fulness and power. and half-dead are hyperbolical figures speech used for purely rhetorical purposes taken It is not so. must be examined and estimated. Here it is not a question of raving madness or of drivelling idiocy. If '* privation of mind " and " irresistible force. such as life and death. There are states of being which are mutually contradictory and exclusive and cannot co-exist.

it is irre- For this reason. too. it involves no contraor half- diction in terms and is not absurd to call an is a psychiatrical action state half-conscious." and it is the duty of the judge to adjust the penalty to the gradations of guilt as deter- mined by the greater or agent. is not less real because not easy to detect and may not be wholly sistible. or it may act under stress and with imperfect volition. So. the second condition of account- may assert itself with complete freedom and untrammelled force. and reducing all . Partial vitiation of mind " distinctly recognized In like manner. again they verge upon "absolute privation of mind " and " wholly irresistible force. Moral coercion. science. whose determination ability. sometimes they are scarcely appreciable. ing away Thus one might go on analyzing and refinhuman responsibility. *' half-voluntary. whether arising from external influences. in constrained." But these mental conditions and forces do not manifest themselves with equal obviousness and intensity in all cases. there is no essential incongruity in affirming that an impulse may be the result of a " semi-irresistible force. less freedom of the The same process of reasoning would lead to the admission of quasi-vitiations of mind and quasi-irresistible forces as grounds of exculpation. the will.202 The Criminal is Prosecution and self- ally obscured. abnormities of the physical organism or defects of the mental constitution.

This violent recoil from extreme cruelty to excessive commiseration is due. until every malefactor would come to be looked upon. Italian anthropologists and jurisprudents have been foremost and gone farthest. which. in this reaction its from proper punishment. the victim of his anger or cupidity. thereby enfeebling and perverting the moral sense and distorting all ideas of right and justice. To minds thus constituted the cool and deliberate condemnation of a human being to the gallows is an atrocity. to a peculiar gentleness and impressionableness of character. to the Italian temperament. both theoretically and practically. to be consigned to the sympathetic care of the psychiater. who is in danger of suffering for his crime. but as an unfortunate victim of morbid states and uncontrollable impulses. and has . not as a culprit to be delivered over to the sharp stroke of the headsman or the safe custody of the jailer. combined with an instinctive aversion to whatever shocks the senses and mars the pleasure of the moment. in comparison with which a fatal stab in the heat of passion or under strong provocation seems a light and venial transgression. in a great measure. pervades all classes of society. This maudlin sympathy with the guilty living mediaeval conceptions of crime and man.Capital Punishment of Animals 203 crime to resultants of mental derangement. are apt to degenerate into shallow sentimentality and sickly sensibility. to the entire forgetfulness of the innocent dead man.

atavistic recurrences. gratification and palliating disposition. but who adhere so conservatively to ancient methods and resist so stubbornly the tides of reform in their own courts have yielded on this point. for responsible. but include in the same category " all morbid disturbances of mental activity. But. physical degeneracies and other organic fatalities. Even the Germans. To this end they eagerly seized upon the doctrine of evolution and endeavoured to seek the origin of crime in hereditary propensities. only partially impaired. although the Italians have been pioneers movement. and expresses a general tendency of the age. those leaders in theory and laggards in practice. it has not been confined to them it extends to all civilized nations.204 T'he Criminal Prosecution and stimulated the ingenuity of lawyers and legislators to discover mitigating moments and extenuating circumstances and other means of loosening and enlarging the intricate meshes of the penal code so as to permit the culprit to escape. They no longer regard insanity and idiocy as the only grounds of exemption from punishment. which no one can be held personally and constructed upon the basis of full the most recent scientific researches a penological system giving free scope and to this pitying in this ." ." and "all but states of mind in free determination of the will is not indeed which the wholly In destroyed. whose studies and speculations have illustrated all forms and phases of judicial procedure.

and especially criminal legislation. that these changes have been effected under the drift of public opinion in spite of the political preponderance of Prussia and her strong bureaucratic influence. As a matter of fact. which has always been exerted in favour of severe penalties. a stolid and supercilious squirearchy (Junkerthum) in Germany. Prussia has stubbornly resisted to the last every reformatory in civil movement in and social. it will suffice merely to compare the present criminal code of the German Empire with the Austrian code of 1803. and so long as psychiaters do not agree as to the actuality or possibility of this anomalous mental condition. however. A recent decision of the supreme court of the in the German Empire (pronounced summer of 1894) seems to put a check upon this tendency by rejecting the plea of " moral insanity " in the extenuation of crime. and the Prussian code of 185 1.Capital Punishment of Animals 205 order to realize the radical changes that have taken place in this direction within a relatively recent period. and shown slight consideration for individual frailties and criminal idiosyncrasies As the stronghold of in inflicting punishment. the Bavarian code of 1813. too. courts of justice may very properly refuse to take it into consideration or to allow it to exert the slightest inin the infliction of fluence upon their judgment . It must l?e remembered. the question whether such a state of mind as " moral insanity " exists or can exist has not yet been settled.

but seems utterly destitute of the moral sense and of all the finer feelings of humanity. Mediaeval penal justice sought to the . as usually defined. and simply indicates a wise determination to keep the administration of criminal law unencumbered by theories. especially at a time when of this class are criminals on the increase and are banded together to overthrow civilized society and to introduce an era of anarchy and barbarism. In moral stolidity and the lack of susceptibility he German is on a level with the lowest savage. which science has not yet fully decision of the established to paralyze the and which arm of at present can only serve inflict retributive justice. involves a disturbance of the moral per- ceptions and a derangement of the emotional nature.2o6 The Criminal punishment. but merely precautionary. The German judicatory is therefore not reactionary. The supposed of victim of this madness is capable of thinking logically and often shows remarkable astuteness in forming his plans and executing his criminal purposes. are inclined regard the whole. performing the most atrocious deeds without hesitation and remembering them without the slightest compunction. cumstance. but as morally degenerate and depraved and German jurists and judges are not disposed to admit such vitiation of character as an extenuating cir. to psychiaters. without impairing the distinctively intellectual faculties. Prosecution and judicial Moral insanity. on hypothetical form such persons. not as morally insane.

thumbkins. Until quite recently an iron virgin. similar engines of cruelty. illustrating the various modes of torture prescribed in the text for the purpose of extorting confession and evidently designed to serve as object lessons for the instruction of the tormentor and the intimidation of the accused. this barbarity amount of suffering on the showed a diaboHcal fertility of indevising new methods of torture even The monuments of may now be seen in European form of racks. The criminal code of Maria Theresa. was exhibited in a subterranean passage at Nuremberg. interPomeranian bonnets. scavenger's daughters. . but solely to the superior enlightenment and energy of Frederic the Great. not to the progressive spirit of the nation or of its tribunals. That Prussia was the first country in Germany to abolish judicial torture was due. iron virgins and in the museums larded hares. with its interior full of long and sharp spikes. who effected this reform arbitrarily and against the will of jurists and judges by cabinet-orders issued in 1740 and Crimes which women are under peculiar 1745. engravings.Capital Punishment of Animals greatest 207 possible offender and vention in for the pettiest trespasses. Spanish boots. and in Munich this inhuman instrument of punishment was in actual use as late as the beginning of the nineteenth century. published in contained forty-five large copperplate 1769. on the very spot where it is supposed to have once performed its horrible functions.

In 1 40 1. Thus Cardinal Carlo Borromeo. his master five pfennigs (then as now the smallest coin of Germany and worth about the fifth of a cent). to be walled up alive. a small tube communicating with the outer air being placed in her mouth in order A case of to prolong her life and her agony. were punished with extraordinary severity. Thus the infanticide was buried alive. an apprentice. because he entertained heretical notions concerning the sinfulness of eating meat on Friday. a Franciscan monk. a striking words of Lucretius. did not hesitate to condemn Fra Tommaso di Mileto.: 2o8 The Criminal Prosecution and temptation to commit. This cruel sentence. was condemned to have both his Incredible barbarities of this kind ears cut off. who was pre-eminent among his contemporaries for the purity of his life and the benevolence of his character. were practised by some of the best and noblest men of that age. who stole from 1570. and the real presence in the eucharist. and expressed doubts touching the worship of images. ences. indulgthe supreme and infallible authority of the pope. 1564. illustration of the "Tantum religio potuit suadere malorum. as follows " I condemn you to be walled up in a place . this kind is recorded in the proceedings of the " Malefiz-Gericht " or criminal court of Ensisheim in Alsatia under the date of February 3." was pronounced December 16.

The Puritans of New England. ridicule has Laws " of Connecticut been cast upon the so-called on account of the narrowness and pettiness of their prevailing From our present point of view they are absurd and in many respects atrocious. Capital Punishment of Animals 209 enclosed by four walls. who should impose such a punishment now-a-days. where. from two In the seventeenth century. then punishable in England by death. then the legs and so on." A bishop. hundred and twenty-three mother-country. the founder of your order. but compared with the penal codes of that time they mark a great advance in human legislation. you shall bewail your sins and grievous offences committed against the majesty of God. relentless as they were in their dealings with sectaries. counterfeiters and issuers of false coin were condemned to be boiled to death in oil by slow degrees. They reduced the number of crimes. Francis. as late as the 14 . first boiling the feet. until all the flesh was separated from the bones and the body reduced to a skeleton. with anguish of heart and abundance of tears.. and the holy mother Church and the religion of St. The culprit was suspended over the cauldron and gradually let down into it. Much " Blue spirit. would be very properly declared insane and divested of his office. were never so ruthless as this nor is it probable that they would have inflicted capital punishment upon their own " stubborn to fourteen.

A point of practical importance. hereditary predisposi- brachycephalous. over which the individual has no control and by which his destiny is determined. If we compare these barbarities with the law recently enacted by the legislature of the state of New York." had it not been for precedents recorded in laws enacted by a semi-civilized people thousands of years ago and supposed to have been dictated by divine wisdom. dolichoccphalous or microcephalous peculiarities. anomalies of cerebral convolution." or upon persons who " worship any other God but the Lord God. or other anatomical asymmetries. then he is certainly not morally responsible for his con- . which the criminal anthropologist has to consider is the If relation of moral to penal responsibility. whereby capital punishment is to be inflicted as quickly and painlessly as possible by means of electricity. idiosyncrasies. They failed to perceive the in- congruity of attempting to rear a democratic commonwealth on theocratic foundations and made the fatal mistake of planning their structure after what they regarded as the perfect model of the Jewish Zion. there is no freedom of the will and the commission of crime is the necessary result of physiological tions.2IO and The Criminal Prosecution and rebellious sons. we shall be able to appreciate the immense difference between the mediaeval and the modern spirit in the conception and execution of penal justice.

Capital Punishment of Animals 211 duct. and that punishment is proper and imperative so far as it is essential to the protection and preservation of of society. and all their decisions should have this object in view\ If a madman is not hanged for murder. . cases of this kind. the method of his removal should be such as to cause the least possible pain and publicity. If the infliction the penalties depriving a man of his freedom or his life is found to secure these ends. Even if it should be deemed desirable to kill him. but are organized as a terror to evil-doers in the general interests of society. Legal tribunals are not offices in which candidates for the insane asylum are examined or certificates of admission to reformatories issued. it is the duty of the tribunals established for the administration of justice to impose them without troubling themselves about the mental condition of the culprit or stopping to discuss problems which belong to the province of the psychiater. in by depriving the dangerous individual of his liberty and thus preventing him from doing harm but it has no right to inflict upon him wanton and superfluous suffering. . . it is solely because such a procedure would exert no deterring influence upon other madmen society protects itself. But is he on this account to be exempt from punishment? The vast majority of criminalists answer this question unhesitatingly in the negative. declaring that penal legislation is independent of metaphysical opinion.

the welfare of society tive factor.212 The Criminal Prosecution and is Here. too. Atavistic relapses. The corollary to this anatomical demonstration is that one should treat such a man as a lion or a tiger and shoot him on the spot. declaring that men are no more culpable for being criminal than and natural Courcelle-Seneuil being corrosive." In a recent lecture on criminal jurisprudence and biology Professor Benedikt cites the case of a iMoravian robber and murderer. defective cerebral development and other abnormities vitriol is for is . the determinato This doctrine reduces confirmed criminals the condition of ferocious beasts and venomous reptiles. and adding that it our own fault if we put this stuff into our tea and are poisoned by it. Naquet. the French chemist and senator. In the eyes of a prison is a " kind of menagerie". although neither the human nor the animal creatures are to blame for the perniciousness of their inborn proclivities instincts. The same writer maintains that " there is no more demerit in being perverse than in being cross-eyed or humpbacked. goes still farther. and logically demands that they should be eliminated for precisely the same reason that noxious animals are exterminated. whose brain was found on dissection to resemble that of a beast of prey and who was therefore. no more responsible for his bloody deeds than is a lion or a tiger for its ravages. in the opinion of the eminent Viennese authority.

who are very far from furnishing the largest percentage of criminals. who do not commit crime. On the other hand.Capital Punishment of Animals 213 undoubtedly occur in criminals. but after all it is only skin-deep. bellishing the exterior man it As a means of emmay be rude and unrefined. in some degree. whose acts may be traced. and has not the slightest genetic or symptomatic connection with crime and the proclivity to perpetrate it. safe. simply because they find ample leisure in the barracks and the forecastle to undergo this slow and painful process of what they deem adornment. According to Lombroso criminals have as a rule thick heads of hair and thin beards. Lombroso discovers in habitual malefactors a tendency to tattoo their bodies. these phenomena are by no means remarkable. but as the majority of them are comparatively young. to these physical imperfections and therefore be pathologically stimulated and partially necessitated by them. Honest people of the lower classes take pleasure in disfiguring themselves in this way. and soldiers and sailors. and useful members of society. and does not extend to the moral character. a barbarous conception of the beautiful or what would be called bad taste. but remain respectable. but this kind of cuticular ornamentation indicates merely a low development of the esthetic sense. He has also found that the . are especially addicted to it. there are thousands of persons with equally small and unsymmetrical craniums.

but as a reaction against barren scholastic speculations and brutal penal codes has been carried to excess by enthusiastic specialists and led to broad generalizations and hasty deductions from inTaine's definition of man as sufficient data. at war with every form of social and political organization and whose : attitude of mind is that of the Irishman. difficult to deny the existence of a constitutionally criminal class. which is the born foe of all law and order. This line of research is unquestionably in the right direction. on receiving an affirma- answer. as silk-worms spin cocoons and bees secrete honeycomb. which characterize and constitute it. as well as creative powers. he would have certainly come to the conclusion that flaxen hair It is would be an index of a criminal character. are the resultants of race. Criminal propensities." Criminal anthropologists have been especially earnest in their endeavours to define this pernicious type and to determine the physiological and physiognomical features. that produces poems and systems of philosophy. " an animal of a higher species. had his investigations been carried on in Norway and Sweden instead of in Italy.214 The Criminal Prosecution and hair of such persons is usually black or dark chestnut. replied. on " Have ye a landing in New York. permanent who. tive . a persistently perverse element. inquired government here?" and." applies with equal force to the vicious side of human nature. " Then I'm agin' it.

is The hero of the of age the brigand and cut-throat type is nothing but a reversion to the primitive type of the race. from which they seem to proceed. The criminal . community and ignoring the ethical conceptions developed by ages of culture and civilized performing our actions perfectly proper pre-historic Palaeolithic that would have seemed and praiseworthy in the eyes of ancestors.Capital Punishment of Animals 215 temperament. nosed. which he performs. food. are as fluences independent of his will as the colour of his hair for while they are apparently volitional impulses. The criminal is simply a savage let loose in a crime. attribute it to atavism or the survival in the individual of the animal instincts and low morals of the aboriginal barbarian. environ- ment and other pre-natal and post-natal inand agencies. The acts. as we have already intimated. The penological application of this philo- sophical principle has given rise to numerous theories concerning the nature and origin of Lombroso and his disciples. to which the individual did not voluntarily subject himself and from which he cannot escape. organism. therefore. whether good or evil. the will itself. climate. and the representatives of this school of anthropologists have been untiring in their efforts to disto-day. is determined by forces as fixed and free from his control as are those which render him blue-eyed or snubor the shape of his nose .

educational influences and other outward circumstances are important factors. look. It has also been observed that assassins are brachycephalous and thieves dolichocephalous.. choleric. and to be a born rough. the liver. Nevertheless social surroundings. small cranial capacity like the cave-men. the heart and the stomach. canine teeth like anthropoid apes and a simian nose. or the a daring robber like Fra Diavolo. and even to the internal organs. the hair. the ears. Marro maintains real that in many cases metaphors express facts common conclusions of : and embody the mankind based upon swindlers have a foxy centuries of observation ish. four circumvolutions of the frontal lobes of the brain like the large carnivora. or even stomachous persons. This analogy extends to the eyes. but such expressions are. survivals . spleeny. in most cases. 2i6 The Criminal Prosecution and cover physical and moral characteristics common to both : long arms like chimpanzees. a dashing soldier like Phil Sheridan. and the diseases by which they are affected. according to the place of his birth and the nature of his environment. long-fingered persons are naturally thiev- whereas a club-fisted fellow is pretty sure to have a pugnacious disposition. not so much in changing the character as in giving it direction same cerebral constitution and consequent innate predisposition may make a man a hero or a bravo. In common discourse we speak of atrabiliary.

the breastbone than with the cartilage of the In the literal sense of the terms a large- brained lectual is man is not necessarily of superior intel- power any more than a large-hearted man naturally generous or a large-handed man So. and was so abnormally irregular in its configuration as to seem actually deformed. would unhesitatingly pronounce it to be that of a savage.Capital Punishment of Animals 217 of antiquated beliefs concerning the functions of certain physical organs. for example. Gambetta's brain. . Manouvrier. The third frontal circumvolution of the left lobe of his brain had in the posterior part a supplementary fold said by some to be the organ of speech and by others to be the organ of theft. who should come across such a skull in a museum. Hypochondria has no more originary connection with the cartilage of ear. at least the exceptions to the rule are so many and so remarkable as to render it extremely misleading and therefore of little practical value as a scientific principle. too. Any physiologist. as Antony says of the seductive eloquence of Brutus. weighed only 1294 grammes. perhaps both combined in the ability of the orator to steal away men's hearts. being fifty-eight grammes less in weight than that of the average Parisian. The distinguished physiologist Bichat was an ardent instinctively grasping. says Dr. the theory that intelligence and morality are in direct proportion to the size and symmetry of the encephalon is not sustained by facts.

" examined by Gratiolet. and asserted that a person with such a light encephalon must be organically incompetent to master the various branches of study taught in our universities. Careful investigations would doubtless furnish additional examples of this comical application of the argumentum ad hominem in refutation of is the notion that intellectual capacity determined by the bulk of the brain or the shape of the skull. far surpassed in the symmetry of both hemispheres and the perfection of its circumvolutions the normal brains of the Caucasian race. Ugo modern Italian . A post-mortem examination proved his own brain to be considerably inferior in weight to that of the average woman. hand. had a cranium. ought On the other to have belonged to an idiot. according to this standard of appreciation. one of the most celebrated of poets. the brain of the " Hottentot Venus.2i8 The Criminal Prosecution and advocate of this doctrine of the causal connection between cranial capacity and symmetry and vigorous and well-balanced mental faculties. but after his death his own cranium was found to be conspicuously lacking in the very characteristics which he deemed so essential to man as a moral and intellectual being. which. The late German professor Bischoflf based his argument against the higher education of woman on the fact that the average female brain weighs only 1272 grammes. The same phenomenon has Foscolo.

unknown and perhaps unknowThe impulse given by each must be exactly estimated in order to predetermine the joint effect. is now the besetting sin of criminal anthropologists. " The more advanced criminalists." says ProVon Kirchenheim. and the acceptance of any one of them. The our penal legislation has already made itself widely felt. No science has remained so deeply fessor rooted and grounded in scholasticism as juris- prudence. occasionally in cretins and quite often in criminals. and this evil is most clearly per- ceptible in the province of criminal law. No factor which contributes to its formation must be overlooked. however important it may seem to be. This hobby-horsical tendency. The contest with crime must now be carried on in a different manner from what it was when men waged war with bows and arrows. although in a less striking manner.Capital Punishment of Animals 219 been observed. each of whom is firmly convinced that he can reach the goal only on his own garran. would be premature and pernicious. as the basis on which to reform and reconstruct our penal legislation. the great majority of which are still able quantities. which is the vice of every specialist. "are becoming thoroughly convinced that the penal codes of to-day do not correspond to the criminal world of to-day. Character is the resultant of a multitude of combined forces. modern criminality necessity of a in change .

that and the utterly irrational methods now crime tend employed tive. lies in the crime by meeting very nature of the case. too. external conditions. the antiquated It is evident. and occasionally attended by comical casualties and even serious disasters. for suppression it. must be fought. whom stances. A casual criminal. There is no doubt that even in the most enlightened countries. which the armoury of modern science can put into our hands. we can never suppress it with bludgeons and boomerangs and other rude implements of barbarous warfare. penology as a science is still in its infancy. and is only just beginning to feel the uncomfortable girding of its scanty swaddling-bands and blindly kicking itself free from them. Society has outgrown the crude conception of punishment as mere retaliation or retribution incited by revenge. . That this first emancipatory effort should be somewhat clumsy. circumin sudden temptations or bad influences the of the have led astray.220 The Criminal it Prosecution and were. of directly to increase in distinction It is the aim of the posiclassical school of from the to criminalists to discover the real causes of criminal actions. same overt as the habitual or constitutional criminal. as rifles. although guilty act. but must encounter it with the finest and most effective weapons of precision. should not be treated same manner." with repeating In other words. for example. and thus endeavour to eradicate or accidental neutralize them.

To sen- tence persons of this class to eight or ten years' imprisonment and then to turn them loose again as a constant source of peril to mankind. It is a wrong done both to the criminal and to the community of which he is a member.Capital Punishment of Animals 221 whose wrong-doing balanced or organization. and the possibility haps irresistible proclivity. The penalties imposed by the law should be determined not solely by the enormity of the crime. of reforming him is slight. . The only proper thing to do with such a culprit is to render him personally harmless to society either by death or perpetual incarceration. and is undeveloped from a diseased. and to prevent him from propagating his kind. Nature has her own this effective and relentless method of attaining but man is constantly thwarting her beneficent purposes by all sorts of pernicious schemes originating in factitious sentimentalism and maudlin sympathy. but chiefly by the character of the criminal. permanent deterioration of the race. The law of the survival of the fittest through selection suggests as its necessary sequence the suppression of the unfittest through sterilization. which under the plea of philanthropy tend to foster and perpetuate moral monstrosities to the discomfort and detriment of civilized society and the desirable result. greatest folly that is the any tribunal can possibly commit. illmental or physical therefore an inborn and perarises The latter is hardly responsible for his conduct.

it is nevertheless a strictly logical deduction from the premises. just as the only remedy for a gangrened limb is amputation. the only safety is in the elimination of the individual. ridicule We ancient and mediaeval courts of justice for prosecuting bugs and beasts. than locusts and caterpillars can help consuming crops to the injury of the husbandman. Where the vicious propensity is in the blood and beyond the reach of moral or penal purgations. under given conditions. who can no more help perpetrating deeds of violence.222 The Criminal Prosecution and Paradoxical as such a conclusion may be. the more severe should be the sentence pronounced upon him. on which the radical wing of criminal anthropologists would repress and eliminate a vicious person without regard to his mental soundness . or wild beasts can help rending and devouring their prey. that the more corrupt he is by his physical constitution and therefore the less culpable he is from a moral point of view. It was put to death not because it was culpable. but because it was harmful and this is the ground will : . but as a memorial of the occurrence. but future generations condemn as equally absurd and outrageous our judicial treatment of human beings. It is also interesting to know that in former times the animal was not punished capitally because it was supposed to have incurred guilt. or in the language Non 'propter culpam sed of canonical law propter memoriam facti pecus occiditur.

which have now taken the place of the prison and the scaffold in the case of juvenile result of a transmitted taint ency. In accordance with this idea his disciple.Capital Punishment of Animals 223 or moral responsibility. houses of refuge and similar institutions. although he does not regard their conduct as sinful in the sense of being a voluntary transgression of the moral law. but as the and organic deficiwhich the individual is in no wise It is hardly necessary to add that responsible. proposes to " deport to distant countries all proto despair of correcting and stinate bias of this sort fessional criminals or persistent relapsers into vice (recidwistes) together with their posterity. Some maintain that all . and ineradicableness of criminal propensities so far as to affirm that " education hereditability cannot change those instincts. Le Bon. to the social Lombroso carries his theory of the innateness. to use Garofalo's meta- phor he is a microbe injurious organism and must be destroyed." and would thus practically revive the barbarous principle of visiting the sins of the fathers upon the children." who are born with perverse an obeven in a child. this doctrine is not sustained by the statistics of reformatories. Those who look upon crime phenomenon find a striking as a pathological illustration and strong confirmation of their views in violations of the law committed under the impulse of hypnotic suggestion. for offenders.

So. he who sins against his own worthiness and dignity as a rational being by choosing to annul his power of self-determination as a voluntary agent and . acts originating in this matic. The liability to punishment. alone should be held accountable. would be a safeguard to society by putting a wholesome and effective check on hypnotic experimentations. too. it is justly argued. . so that the man is overmastered by it and cannot help yielding to it under strong temptation but the victim of a vicious habit has no right to urge the force of an evil propensity in exculpation of himself. since they express the will and purpose of the hypnotizer. Any passion may become automatic and irresistible by long indulgence and assiduous cultivation. There is at least no reason why the hypnotized subject should not be called to account for accomplicity. The inborn or inveterate badness of a man's character may explain. who become a helpless tool in the hands of another. who consents to be hypnotized and thus voluntarily surrenders his willpower and permits himself to be used as an instrument for the perpetration of crime.224 'The Criminal Prosecution and manner are purely autoand acquit the person performing them of all moral and legal responsibility. Others hold that the man. should be punished for his offences and not allowed to go scot-free by pleading the force majeure of hypnotic suggestion. but cannot excuse his bad conduct in the impartial and inexorable eye of justice.

so as to produce stigmata and similar abnormal phenomena. Charcot. of a morbidly imaginative The sympathetic mind upon influence the body in directing the currents of nervous energy and increasing the flow of blood towards particular points of the physical organism. As regards hypnotism itself. Renaut. no representative of either the positive or classical school of criminalists would probably deny. That the hypnotizer should be made fully responsible for the realization of his sug- gestions. the magnetic influence of one man's will upon another man's mind and body were destined to furnish the key to still greater marvels and reveal the true nature and origin of what has hitherto passed for divine inspiration or diabolical possession. it would be strange enough if we should discover in it the real scientific basis of legislation should prosecute tizers and modern and punish hypnoas mediaeval legislation prosecuted and witchcraft. or ing. Fowler and other eminent neuropathologists have conclusively shown that certain forms of hysteria sometimes 15 .Capital Punishment of Animals 225 ought not wholly to escape the consequences of his folly. punished sorcerers. To take a man's life by means of hypnotic suggestion is as truly subornation to murder as to hire an assassin to plunge a dagger into his heart. has long been recognized as an adequate explanation of much mediaeval and modern miracle-mongerIt would now seem as if hypnotism.

The success of scientific research in disclosing the physical basis of intellectual life is gradually undermining the foundations of so-called spiritualism. paralimbs and like affections apparently organic. it often impossible even for an expert to detect is it who . muscular atrophy. the grosser varieties of mental disorder.226 The Criminal Prosecution and produce tumors. of chlorosis gifts and hysterical weakness for spiritual and signs of God's special favour. in which the patient has confidence. prayer. but really nervous. the laying on of hands. seraphic girdles. One those of the chief difficulties encountered by seek to frame and administer penal laws on psycho-pathological principles arises from the fact that no one has ever yet been able to give an exact and adequate definition of inHowever easy it may be to recognize sanity. medals of St. a pilgrimage to the shrine of a saint or contact with a holy relic may prove far more efficacious than drugs and are therefore recom- mended by scribed by priests and occasionally even pre- who are far too enlightened to regard such healings as miraculous or supernatural. and rendering it more and more impossible to mistake symptoms physicians. lysis of the Benedict. Sickly women are no longer treated as seeresses and their vague and incoherent sayings treasured as oracular utterances. ulcers. the water of Lourdes or of St. scapularies of the Virgin. In such cases any kind of faith-cure. Ignatius.

or with whom we enjoy pleasant intercourse at their firesides. is may be a man always exposed to this danger of growing into of one idea. let me shun that. — forced to say. or to 227 draw a hard and fast between sanity and insanity. are of perfectly sound mind. Nearly every one is a little touched some molecule of the Brain has turned into a maggot there is some topic that cannot be introduced without making the portals of the mind grate on their golden hinges. " O. resulting itself in in useful in- ventions or dissipating chimerical pro- . some point at which we are line . however. his monomania may be in the direction of valuable research or in the pursuit of a foolish whim. that nearly every person has developed some faculty at the expense of the others and thus destroyed his mental equilibrium.— Capital Punishment ot Animals in its subtler forms. becomes morbidly strong and leads to a sort of insanity. The specialist of the alienist himself. Every tendency of this kind. . on the street or in society. that It is way madness lies . Still there is unquestionably this much truth in it. which is not checked or balanced and in some way rounded off in the growth of the character. that this very opinion a fixed idea or symptomatic eccentricity The theory that all men are monomaniacs may be merely his peculiar monomania. An eminent alienist affirms that very few persons we meet in the counting-room." possible.

is. the power of projecting creations of the mind and endowing them with objective actuality and independent existence. it seizes upon the most prosaic and practical improvements in modern household life and clothes them with poetry and legend. nevertheless. and still croons over cradles and babbles of brownie and fairy in nurseries and chimney-corners. who " of imagination realities. which puts forth The its fiery tongue when the knob is turned. In the absence of better material. says his Coleridge. and gives to airy nothing local habitation and a name. sleeping figure of a virgin carved in marble and copied from an ancient Greek sculpture of Ariadne.228 jects . the infancy of the race peopled heaven which in and earth with phantasms. compact. which reposes on an arch in the park ." Coleridge's definition includes also the mythopoeic faculty. after feeding the mind on fairy tales. The imaginative child of New York or Boston." takes his fancies for " Turns A them to shapes. converts the ordinary gaspipe into the den of a dragon. No progress of science can wholly eradicate this tendency to mythologize. a bent or bias and so is far a deviation from the norm of perfect intellectual rectitude. philanthropic or misanthropic. The Criminal it Prosecution and may be a harmless crotchet or a vicious it proclivity. for one who " mis- takes thoughts person But here the frenzies all of the lunatic intrench and things. A madman." on the functions of the poet.

is really dependent upon a great variety . like all other human actions.Capital Punishment of Animals of Sans-souci at 229 Potsdam. by contract he is in fixed laws. who will awake as soon as a horseman succeeds in springing over steed. As the Church has uniformly consigned great inventors to the infernal regions. which did not disturb the minds of mediseval jurists. An important consideration. it three times with his So vivid is the belief in this story that many good Christians never pass through the archway without making the sign of the cross as a prophylactic against possible demonic inThe Suabian peasant still believes fluences. that the railroad is a device of the devil. his Satanic Majesty could have never had any lack of ingenious wits among his subjects capable of advising him in such matters. is the fact. which seem to some extent to remove them from the province of free will and the power of individual determination. so far as his own person is concerned. nor stay the hand of strictly retributive justice. are subject to certain entitled to a tollage of train . now generally admitted. that crimes. which we are wont to consider a wholly voluntary act. who is on every one passenger a constant state of anxiety lest his turn may come on the next trip and always wears a crucifix as the best means. Professor Morselli has shown statistically that suicide. of cheating the devil of his due. has been transformed by the popular imagination into an enchanted princess.

which we can neither trace nor measure. To a very considerable degree. sun.: 230 The Criminal Prosecution and of circumstances. and decreases when it is in perihelion. geographical and meteorological conditions. the resultant of a vast number of complicated and far-reaching forces. it is a question of environment in the broadest sense of the term. and religion are also important factors Race in ag- gravating or mitigating the suicidal tendency. "of the struggle for existence and of human selection. and Semitic nations and Mohammedans. in fact. including those of Aryan and African blood. domestic. moon. financial. Suicide increases when the earth is in aphelion. political. economical. and stars all work together. that " must give us pause" in the presence of crime. days. An additional reflection. "an effect. over which man has no control climate. months. Suicide is. and of which the victims themselves are for the most part unconscious." says Morselli. are due in a great measure to the present egoistic organization of our social and ." is proved to be true of self-slaughter is equally so of murder and every other crime. Germans and Protestants being most. seasons. working according to the laws What of evolution among civilized peoples. being least addicted to it. impelling him to self-destruction or keeping him from it. social. state of crops. is that some of the chief causes operating to produce the manifold evils afflicting society and threatening to subvert it.

Mediaeval legislators were not restrained by any scruples of this sort. they regarded the criminal. Much of the individual viciousness. arrayed against each other in fierce and bitter conflict. both human and animal. on the one hand. treme. psychiand physical characteristics and inherited to him with irresistible force do iniquitous things. and while engaged in the laudable attempt to improve these conditions by working out broad and benevolent . as the sole author of the crime. that impelled . This was doubtless a very narrow. and palsies the arm of the modern law-giver and executor of justice.Capital Punishment of Animals 231 industrial system. in the tendency to pity the vicious individual as the passive product and commiserable victim of unfortunate conditions. springs directly from the unjust and injurious conditions of life. ascribing it simply to his own wickedness and never looking beyond the cal mere actual deed to the social influences. the selfish and unscrupulous power of wealth directed and stimulated by superior intelligence and energy. superficial and utterly unphilosophical view of human action and responsibility the danger now-a-days lies in the opposite exqualities. puzzles the will. on the other hand. which society is required to punish. which society itself has created. and the brute forces of ignorance driven to despair by the disheartening and debasing pressure of poverty. It is the perception of this fact that disturbs the conscience.

to relax penalties and to fail in providing by sufficiently measures for its present security. destination. a wide difference between these two heredity doctrines in their workings. predetermining and mental constitutions. up with psycho-pathological foreign to It is wholly a curious coincidence that the theory of evolution. justice is act to its genesis in the life of The proper administration of penal itself weakened and defeated by mixing inquiries it. In what manner their characters have been formed by ancestral agencies and other predispositions may be an interesting study to the psychologist and the sociologist. so far as the criminal lawyer has to deal with the concrete case. however. From the clutch . which the suffragan of Hippo and the Genevan divine attributed to the arbitrary decrees of God.232 The Criminal Prosecution and plans of permanent relief and reformation for the future amelioration of society. There is. should arrive at essentially the same conclusion Preas the theology of Augustine and Calvin. in its application to man's free agency. evolution traces to the influences of their bodily upon individuals. when we look stringent Tribunals beyond the overt the race. The problem of crime is therefore a very simple one. but does not concern the judge or the jurist in the discharge of their official functions. but very complex. have only to do with individual criminals as their conduct affects the general welfare.

no Evoluindividual initiative can be of any avail. Salvation through the " election of grace " is by no means identical with salvation through the " sur- make his — — vival of the fittest. not only through natural selection and spontaneous variations resulting in higher and nobler types of mankind. tion. promises a gradual release from low ancestral conditions the original sin of the theologians and opens up to the race a way of redemption.Capital Punishment of Animals of a deity " willing to 233 show his wrath and to power known. but also through the modification of inherited traits by careful breeding. means aims ultimately to redeem the imposes upon each man the duty and necessity of working out his own salvation. on the contrary. strengthening and propagating them and . on the contrary. but with hope and cheerfulness. recognizes and appreciates redeemable qualities by selecting. knowing that the beneficent forces of nature by this It . no upward striving. imperious and general sentence of damnation no process of development. not with fear and trembling at the prospect of meeting an angry deity." may be and probably is "as filthy rags " evolutionary science." no man can by any Against this efifort of his own effect his escape. thorough discipline and the conscious and constant endeavour of every human being to improve and perfect himself." The righteousness of those whom God has chosen as " the vessels of mercy whom he had afore prepared unto glory. world.

2 34

The Criminal

Prosecution and

are working in him, as in all forms of organic
life, in obedience to the laws of development, towards the goal of his highest possible perfection by gradually eliminating the heirloom of

the beast and the savage,
of the tiger

and letting the instincts and the ape slowly die within him. " The best man," said Socrates, "is he who seeks most earnestly to perfect himself, and the




who has

the fullest conscious-

This utterance of the Athenian sage expresses the fundamental principle of the ethics of evolution, according to which there can be no greater sin than the neglect of self-culture, holding, as it does, in the province of science a place corresponding in importance to that which the unpardonable sin against the Holy Ghost holds in the province of theology. No one is blamable for inheriting bad tendencies; but every one is blamable for not striving to eradicate them. If evil impulses prove to be irresistible, then society must step in and render them harmless by depriving of life or liberty the unfortunate victims of such propensities. Again, if the mental and moral qualities of the lower animals differ from those of man, not in kind, but only in degree, and the human mammal is descended from a stock of primates, to which apes and bats belong, and dogs and cats and pigs are more remotely akin, it is difficult to determine the point at which moral and
ness that he

perfecting himself."

Capital Punishment of Animals


penal responsibility ceases in the descending, or begins in the ascending scale of being. That beasts and birds and even insects commit acts of violence, which in human agents would be called crimes, and which spring from the same psychical causes and, as we have shown in another work (Evolutionary Ethics and Animal

Psychology. New York D. Appleton and Co.; London: William Heinemann, 1898), are punished by the herd, the flock or the swarm in a more or less judicial manner, is undeniable. The zoopsychologist Lacassagne divides the criminal offences of animals into six classes or categories, the ground of the classification being the motives which underlie and originate them. The lowest or most rudimentary motive to crime in both man and beast is hunger, the operation of which is seen in the spectacle of one savage killing another in order to get sole possession of a wild beast slain by them in common, and in the ferocity of two dogs fighting over a bone. Perhaps the great majority of crimes afflicting society at the present time have their origin in Next to the desire of the individual this source.

to preserve himself

comes the

desire to preserve

motive is commonly considered a more generous impulse and is praised as parThis earliest and most primitive ental affection. of altruistic emotions is exceedingly strong in the lower animals, especially in those whose offspring are comparatively helpless in infancy, as
his kind;


The Criminal

Prosecution and

the case with all species of monkeys, and manifests itself not only in tender care of the young, but also in theft, robbery, and other acts of violence committed for their sake. The wanton love of destruction characterizes both beasts and men there are roughs and vandals among the former as well as among the latter, who take a malicious delight in doing injury to persons and property. Vanity and the desire of '* showing off " play no small part in the wrongdoings of apes and apish men and women. Other incentives to crime are ambition, sexual passion, gregariousness, the concentrated egoism and merciless brutality of a crowd even in the most

communities, the outrages so recklessly by what a French jurist, M. Tarde, calls " that impulsive and maniac beast, the mob." It may be remarked, too, that the kinds


of criminal actions,


civilization tends to

diminish diminish

among men, domestication tends to among the lower animals. these statements be correct, why should not

animals be held penally responsible for their conduct as well as human beings? There are men apparently less intelligent than apes. Why then should the man be capitally punished and the ape not brought to trial ? And if the ape be made responsible and punishable, why not the dog, the horse, the pig, and the cat ? In other words, does evolutionary criminology justify the judicial proceedings instituted by mediaeval courts

Capital Punishment of Animals


against animals or regard the typical human criminal as having in this respect no supremacy over the beast ? Does modern science take us back to the barbarities of the Middle Ages in matters of penal legislation, and in abolishing judicial procedure against quadrupedal beasts is it thereby logically forced to stay the hand of justice uplifted against bipedal brutes? The answer to these questions is unhesitatingly negative. Zoopsychology is the key to anthropopsychology and enables us to get a clearer conception of the genesis of human crime by studying its manifestations in the lower creation we thus see it in the process of becoming, acquire a more correct appreciation of its nature and origin and learn how to deal with it more ration;


and effectively in bestial man. Another point discussed by Plato and still seriously debated by writers on criminal jurisprudence is whether punishment is to be inflicted quia peccatum est or ne peccetur; in other words, whether the object of it should be retributive or preventive.





that both of these motives are operative

and as

determining causes are so closely intermixed that it is impossible to separate them. As the
distinguished criminalist, Professor Von Liszt, has remarked one might as well ask whether a sick man takes medicine because he is ill or in order to get well. The penalty is imposed in consequence of the commission of a crime and


The Criminal

Prosecution and

also for the purpose of preventing a recurrence

therefore both retributory and rePunishment is defined by Laas as " ethicized and nationalized revenge, exercised by the state or body politic, which is alone impartial enough to pronounce just judgments and powerful enough to execute them." Civilization takes vengeance out of the hands of the injured individual and delegates it to the community or commonwealth, which has been outof


raged in his person. The underlying principle, however, is, in both cases, the same, and the idea of justice, as administered by the community, does not rise above that entertained by the aggregate or average of individuals composing it. The recent growth of sociology and especially the scientific study of the laws of heredity thus tend, by exciting an intelligent interest in the psychological solution of such questions, to render men less positive and peremptory in their
judicial decisions.





so greatly enlarged and so many possibilities are suggested, that it is difficult for conscientious persons, strongly affected by these speculations

and honestly endeavouring


ethical or penal application of them, to

make an come to

a prompt and practical conclusion


any given


voice of decision


sternness and
" the native hue of resolution

Is sicklied o'er with the pale cast of thought."

If it





be true, as Mr. Galton affirms, that legal

transmitted from father to son, criminal may be equally hereditary, and the judge and the culprit may have reached their


positions through

a line of ancestral


working according

immutable and
theory not

inevasible laws of descent.

" responsibility




which are simply the outgrowth and

expression of character.

The same


good or bad according

to the motives

may be from which

it springs. This distinction is constantly made both in ethics and in jurisprudence, and determines our moral judgments and judicial deci-

Yet the chief elements, which enter into a person's character and contribute to its formation, lie beyond his control or even his conscioussions.




before his birth.

cases have done their work Responsibility for character

equivalent to




herited tendencies

which character
sin all the

and prenatal influences, of the resultant, and leads at last
the imputation of

to the theological

dogma of way back to Adam

as the federal head

the race, a doctrine which Schopenhauer would be the first to repudiate. Besides, evil propensities and criminal designs are recognizable and punishable only when embodied in

overt acts.

or liberty because he

The law cannot deprive a man of is known to be vicious


The Criminal

Prosecution and

and depraved, although the police in the exerits protective and preventive functions and as a means of providing for the general security, may feel in duty bound to keep a watchful eye on him and to make an occasional raid on the dens and " dives " haunted by him and his kind. There are also instances on record, in which it is impossible to trace the culpable act to any marked corruption of character.
cise of

A rather remarkable illustration of this fact is furnished by the trial of Marie Jeanneret, which took place at Geneva in Switzerland in 1868 and which deservedly ranks high among the causes celebres of the present century, both as a legal question and a problem of psycho-pathology. [At the time when this trial occurred, the writer directed attention to the peculiar and perplexing features of the case in The Nation for January 7, i86g, p. 11.] Dumas in his novel Le Comte de Monte Christo, describes the character and career of a young, refined and beautiful woman, moving in the best circles of Parisian society, and yet poisoning successively six or seven members of her own family but even the most imaginative and audacious of French romancers did not dare to delineate such criminality without ascribing it to some apparently adequate motive. Madame de Villefort administered deadly potions to her relatives under the impulse of a morbidly intense maternal love, which centred all her moral and intellectual

Capital Punishment of Animals


on the idea of making her son the sole Affection and social a large estate. ambition for her offspring incited her to the murder of her kin. But the invention, which

created such a monster of sentimental depravity, has been far surpassed in real life by the exploits
of Marie Jeanneret, a Swiss nurse, who took advantage of her professional position to give doses of poison to the sick persons confided to her care, from the effects of which seven of them

monotonous series seem to have been animated either by animosity or cupidity. On the contrary, she always showed the warmest affection for her victims, and nursed them with the tenderest care and the most
In the commission of this
of diabolical crimes, the culprit does not

workings of the

untiring devotion, as she w^atched the distressful fatal draught nor did she derive the slightest material benefit from her course of conduct, but rather suffered considerable

pecuniary loss by the death of her patients. The testimony of physicians and alienists furnished no evidence of insanity, nor did she show any atavistic signs of reversion, physiological abnormity or hereditary homicidal bent. Monomaniacs usually act fitfully and impulsively; but Marie Jeanneret always manifested the coolest premeditation and self-possession, never
exhibiting the least hesitation or confusion, or the faintest trace of hallucination, but answered

tion. in less elegant. would be called " pure cussedness. Even M. and after exhausting the common category of hypotheses and showing the inadequacy of each." Not only was such an explanation merely a circumlocutory confession of ignorance. seems more like the working of some baneful and irrepressible force in nature. with extenuating circumstances. in presenting the case to the jury. but it was wholly inconsistent with the general character of the indictee. Zurlinden. under circumstances which should have excited compassion in the hardest human heart. rendered a verdict of " Guilty.242 The Criminal Prosecution and with the greatest clearness and calmness every question put by the president of the court." as the result of which . the prosecuting attorney. M. or the relentless operation of a destructive machine. dwelt with emphasis upon this mysterious phase of the case and thus saved his client from the The jury. Indeed. but more vigorous Western vernacular. Turrettini. was unable to discover any rational principle on which to explain the conduct and urge the conviction of the accused." or what. after five hours' deliberascaffold. the persistent and pitiless perpetration of this one sort of crime by this woman. the counsel for the defendant. he was driven by sheer stress of inexplicability to seek a motive in " I'espece de volupte qu'elle eproiiverait a commettre tin crime. than like the voluntary action of a free and responsible moral agent.

as asserted by Mynheer integrity. and so far from being symptomatic of the general character stands out as an isolated and ugly excrescence and appalling abnormity ? According to this theory crime is to be punished only when it is the natural ible for his actions outgrowth and legitimate individuality fruit of the criminal's is and society to be left unpro- tected against all maleficence not traceable to such an origin.Capital the accused Punishment was sentenced of to Animals 243 twenty years' hard matter of fact. helpful to Heymanns. in which the criminal conduct is exceptional. . As a died. of cold-blooded atrocities. there were no circumstances of an extenuating character except the utter inability of the jurors to discover any motive for the commission of such a succession labour." what shall be done in cases like the afore-mentioned. She instructed her fellow-convicts in needle-work and fine embroidery. that " a man is responsfinds expression in them. only so far as his character and is to be judged solely by his character. one of the latest expounders of Schopenhauer's ethics. After fifteen years' imprisonment the convict During this whole period of incarceration she not only showed great intelligence and strict but was also remarkably kind and all with whom she came in contact. loved to attend them in sickness. and by her general influence raised very perceptibly the tone of morals in the workhouse. If it be true.

experiment with poisons on living persons? Why should she not follow such an illustrious example. to the study of which she was passionately devoted. Did not Mithridates. proof against their venom. if we may believe the statements of Galen. and partly by reading about their properties in medical and botanical works. who had experimented on themselves and on their disciples. It was this terrible poison. especially as she never hesitated to take herself the potions she administered to others the only difference being that habit had made her. why then should she not adopt the same method in the pursuit of truth and use for this pur|X)se the physiological . and that she had become infatuated with poisons. growing into an insane desire to discover and test its occult virtues. that seems to have had an irresistible fascination for her. She often attempted analyses of these substances. in which she was endeavouring to obtain atropine from atropa belladonna or deadly nightshade. which is endowed with exceedingly energetic qualities and is therefore used by physicians with extreme precaution.. 244 The Criminal Prosecution and There can be hardly any doubt that the Swiss nurse was a toxicomaniac. partly by watching their effects on her own system. like the famous King of Pontus. She had read and heard of zealous scientists and illustrious physicians. and become the benefactors of mankind. and in one instance was severely burned by the bursting of a crucible.

nor see the blood which flows. He is a savant. she might perhaps have taken rank in the scientific world with Brachet." Marie Jeanneret was a fanatic of this kind. She. seized and possessed by a scientific idea*' He does not hear the cries of suffering wrung from racked and lacerated creatures. He has nothing before his eyes but his idea and the organisms. which are hiding the secrets he means to discover. experimenter overbore in her the native sympathy of the woman. Had she prudently confined her experiments to the torture of helpless animals. and been admitted . it offers the only theory adequate to explain all the facts and to account for the almost incredible union of contradictory The enthusiasm of the traits in her character. "is no ordinary man.Capital Punishment of Animals material 245 in which her profession placed her hands part ? However preposterous such reasoning on her may appear to us and however vaguely and subconsciously the mental process may have been carried on. Magendie and other celebrated vivisectors. was a woman possessed with ideas as witches were once supposed to be possessed with devils." says his tormentatore. She observed the writhings of her poisoned victims with as " much delight " as Professor Mantegazza confesses he felt in studying the physiology of pain in the dumb animals " shrieking and groaning " on " The physiologist. too. Claude Bernard.

that " there's method in it. or any other form of monomania. Under such circumstances the sane powers of the mind are all at the mercy of the one fault and are made to minister to this single infirmity. true of physical and psychical concatenations. pecuniary distress. that he did not know he was doing what was wrong. The assertion as regards any supposed case of madness. According to English law a man is irresponsibly insane. social rancour. His mental faculties may be perfectly healthy and normal in their operation up to the point of derangement. the nature and quality of the act he was doing. is not the less the victim of a mind diseased because he shows rational forethought in planning and executing the deed. But psycho-pathology affords no warrant for such an assumption. who commits murder under the impulse of morbid jealousy. political or scientific fanaticism. No chain is stronger than its weakest link and this is equally . when he has " such defect of reason from disease of the mind as not to know or." is popularly assumed to be equivalent to a denial of the existence of the madness altogether. An individual.246 The Criminal Prosecution and with honour to the Academy." This definition is very incomplete and covers only the most obvious forms of insanity. if he did know it. from which the fatal act proceeds. instead of being thrust ignominiously into a penitentiary. perhaps in the great majority of cases there is no "defect of reason" nor .

Besides. but only a disturbance of the emotions or perversion of the will originating in physical disorder.. Why then should the monkey be summarily shot or knocked on the head. tried. . tribunal. convicted and hanged by the constituted authorities? Simply because such a public prosecution and execution would not exert any influence whatever in preventing infanticide on the part of other monkeys if it could be shown that a formal trial of the monkey would produce this salutary effect. is intelligence it is undeniable that animal capable of distinguishing between right is and wrong and of comprehending what punishable and what is not punishable. In general when a dog does wrong. and the man arrested. then it certainly ought not to be omitted. There is no greater " defect of reason in one case than in the other. would for result in the abolition of all since many physicians regard every criminal as insane and would not hesitate to certify their opinion to the proper punishment crime. If a monkey gets angry and kills a child. he knows that he is doing wrong. Capital Punishment of Animals 247 " disease of mind " in the proper sense of these terms. The recent attempt to modify the English law so as to render all " certifiably insane " persons irresponsible for their actions. he obeys the same vicious propensity that impels a brutal man to commit " murder. and a monkey often takes delight in doing what is wrong simply because he knows it is wrong.

This is by depriving the irremediably vicious liberty and. The state does not look upon public offences as sins but as crimes. but also of all reformatories for juvenile offenders and vagabonds. also of their too. it remains an incorrigible transto set is the duty of the community him aside by death or by life-long durance. This is the ultimate object not only of the prison and the scaffold. The introduction of the theological conception of delinquencies into the pro- . Solus socialis suprema lex esto. but solely for the purpose of rendering .248 It is The Criminal Prosecution and for penal legisla- no easy task now-a-days tion to keep pace with psychiatral investigation and distinctions of wide range and nice modern psycho-pathology nor is it necessary to do so. Penal legislation does not aim primarily at the betterment of the individual laws are enacted not for the purpose of making men good and noble. may be. The pardoning power. proves to be unamenable to moral or penitential measures and gressor. life. no matter what its source to adjust itself to the . them safe members of society. who by judicious correction and instruction may perhaps be brought to amend or character their ways and thus be prevented from becoming a social danger by swelling the disorderly ranks If a person of the permanently criminal classes. must be exercised with the utmost reserve and circumspection. Society is bound to protect itself against every criminal assault. if effected of their necessary.

endowed with sovereignty in the administration of secular affairs. putting a premium on pretended repentance and like hypocrisies.Capital Punishment of Animals 249 vince of civil government has always been the vice of hierarchies and has never failed to work immense mischief by leading inevitably to impertinent intermeddling with matters of con- and private opinion. or tends to diminish the number of those who go insane in the same direction. In like manner. who has committed murder. that the capital punishment of an ox. that the . whatever may be the opinion of the alienist concerning their moral responsibility. and converting the witness-box into a confessional and the court of justice into a court of science This has been uniformly the result wherever a body of priests has become a body inquisition. prevents other insane persons from perpetrating the same crime. it would be the unquestionable right and imperative duty of our legislatures and tribunals to re-enact and execute the old of Mosaic law on if it this subject. deterred other oxen from pushing with their horns. it is clearly the duty of society to hang such persons. Nor is this merely a hypothetical case or purely academical question. If it could be conclusively proved or even rendered highly probable. rulers. can be satisfactorily shown that the hanging of an admittedly insane person. which had gored a man to death. It is a well-established fact.

wrongs by assassinating some official or His method of redress was that of the ordinary anarchist and his confession that he would not have dared to commit the act unless he had believed that as a certificated lunatic under confinement he ran no risk his prominent person. and are capable of reasoning powers freely and fully in laying their plans and in carrying out Indeed. especially those affected with " moral insanity " or so-called " cranks. that a belief in the certainty of punishment would have acted as an effective deterrent. criminals of this class their designs. but highly probable. who was visiting the institution. are sometimes known to have entertained the thought that they would be acquitted on the ground of insanity. The murderer declared that he had no grudge against his victim. .250 The Criminal Prosecution and partially insane. A case of this kind occurred in 1894 in England. and have thereby been emboldened to do the deed and it is by no means impossible. for example. where an inmate of a lunatic asylum deliberately murdered a lawyer. but believed himself to be persecuted in general and wished to call attention to their intelligence their exercising . of being hanged. that the execution of Guiteau for the assassination of Garfield has greatly lessened the of dangers kind to which the President of the United States is exposed just as the swift and this ." have intact. . illustrates the point in question. There can be no doubt.

Torino. then King of Hunviolence to . 1881. were more logical and consistent than those who now pass sentence of death on cretins like Grandi or cranks (grafomani matteschi) like Passannante and Guiteau (Archivio di Psichiatria. in a free country. From this point of view it is hardly necessary to remark upon the absurdity of Lombroso's assertion that the jurists. since he utterly ignores the preventive character and purpose of of the fanatics. Vol.. IV.Capital Punishment of Animals 251 severe punishment of the Chicago anarchists has dampened the zeal and restrained the activity labour under the delusion that. Hierolymus Rosarius. whereas the criminal prosecution and capital punishment of a pig for infanticide will not have the slightest effect in preventing other pigs from mangling and devouring little children. judicial who punishment and the its practical utility in checking homicidal propensities of such persons.). Fasc. to the court of Ferdinand I. who formerly condemned and punished animals. dynamite bombs are the fittest means of disseminating reformatory ideas and bringing about the social and political regeneration of the world. II. the nuntius of Pope Clement VII. That animals might be deterred from doing men by putting one of their kind to death and suspending its body as a scarecrow is maintained by a distinguished writer in the first half of the sixteenth century.

just mentioned.252 The Criminal Prosecution and gary. who states that in Africa crucified lions are placed near towns. he companions saw in the vast forest two wolves in brogans hanging on a gallows. quo similis poencc formidine a maleficio reliqui deterreantur. and that other lions. Baron Von Feuchters- duos caligatos We : . desinunt. with a dissertation on the soul in animals. may add that Rosarius entertained a high opinion of the intelligence and moral character of animals and wrote a book to prove their frequent superiority to men in the use of their rational faculties. was first published by Gabriel Naude at Paris in 1648.'^ In like manner the American farmer sets up a dead hawk as a deterrent for the protection of his hens. the spirit of imitation is peculiarly strong and morbidly contagious. vidimus lupos non secus quam duos latrones. of the same punishment He records also licet urgent fames. as a warning to the rest of the pack: " Et nos ab Agrippina Colonia Duram that in riding from and his versus equitantes in ilia vasta silva. just like two thieves. In the class of ill-poised minds. an enlarged edition was issued by Ribow at Helmstedt in 1728. furcae suspenses. yclept cranks. are kept away through fear cujus pcencB metu. : Cologne towards Diiren. This very clever and original work entitled Quod animalia hruta scBpe ratione utantur melius homine. The celebrated psychiater. however hungry they may be.

It is well known. who shot himself in a sentry-box. soon afterwards. the plots of which consist in the development of criminal intrigues. Napoleon I. so that it was found necessary to wall up the gate in order to stop this strange epidemic.Capital Punishment of Animals 253 leben. tend to promote crime by rendering it fascinating and indicating an attractive and exhave a citing method of perpetrating it. In June 1893. too. The same effect is produced by popular romances. several other soldiers took their lives in the same manner and in the same place. in which the hero or heroine or both together dispose of themselves in this way sometimes whole communities are thus perhaps infected by a single work of fiction the most notable case of this kind in modern literature is the era of sentimentalism and suicidism which followed the publication of Goethe's Werther. ordered the sentry-box to be burned and thus put an end to the suicides. that another class of sensational novels. cites the case of a French soldier. recent and very striking instance of this kind in the origin and evolution of the notorious Dreyfus affair. a novel entitled is . in his treatise On the Diatetics of the Soul. We . a year and a half before the arrest of Dreyfus. A similar instance recorded by Max Simon in his Hygiene de r esprit. in which he states that a workman hanged himself in the embrasure of a gate. and his example was followed directly by a dozen of his fellows. .

Their enmity and jealousy finally become so intense that they conspire to effect his ruin by accusing him of selling to a foreign young and capable Captain power the secrets of the national defence. as follows. It is arranged that a compromising letter imitating the handwriting of Dormelles and addressed to a foreign military attache shall be placed in the secret archives.254 The Criminal Prosecution and Les Deux Freres. This article concludes with the false statement that a search in Dormelles' department had led to the discovery of important documents referring to the fabrica- and that thereupon Dormelles had confessed his guilt. and arrested comAlleward is tenant-Colonel tion of smokeless powder. but his betrothed is convinced of his innocence and finally succeeds Lieuin detecting and exposing the forgeries. is envied and hated by two colleagues named Aurelien and Daniel. A Philippe Dormelles. by Louis Letang. tlie plot of which may be concisely described officer. and at the same time Daniel causes a violent article to be inserted in a newspaper Le Vigilant. where it will fall into the hands of the head of the department LieutenantColonel Alleward. appeared in the Paris Petit Journal. charging him with high treason. and seeking to excite public opinion against him. who holds a position of confidence in the French department of war. Dormelles is arrested and thrown into the prison Cherche-Midi. He is then sentenced to the galleys. .

who witness them. The French minister of war.Capital Punishment of Animals 255 mits suicide in prison. The only rational explanation of this remarkable concurrence of events. not with a razor like Henry. where the mysterious veiled lady is said to have appeared to Esterhazy three years later and for much the same purpose. was forced to proceed against Dreyfus by the Libre Patrole. although the conspirators doubtless did not anticipate that the logic of events would render the results of their falsehoods and forgeries as fatal to them as they were to their prototypes in the novel. is that the method of con- ducting the conspiracy against Dreyfus and the possibility of accomplishing it were suggested by Letang's story. hysterics and various forms of frenzy are contagious and may be easily communicated to nervous persons. as they are narrated in the fiction and afterwards occurred in fact. avoid their mistakes and commit the same crime without incurring the same penalty. has been clearly proved. but with a revolver. That paroxysms of epilepsy. One scene in the novel describes the appearance of a veiled lady on the very spot near the Champs Elysees. Every scoundrel is firmly convinced that he can pattern after his precursors in villainy. Vicious passions obey the same law of imitation even in a still higher degree than tender emotions and . which published lies about his confession. Mercier. as Le Vigilant did about Dormelles.

succeed in establishing our penal code and criminal procedure upon foundations that shall be both philosophically sound and practically safe. should be punished with extreme severity. in due time. let the psychiater continue his researches. Samuel Pufendorf.256 The Criminal Prosecution and nervous diseases. radical of . especially where there is any doubt as to the offender's mental soundness. but in view of the increasing frequency with which atrocious and wilful crime shelters itself under the plea of insanity and becomes an object of misdirected sympathy to maudlin sentimentalists. and after we have passed through the present confused and perilous period of transition from gross and brutal mediaeval conceptions of justice to refined and humanitarian modern conceptions of justice. the adoption of and rigorous measures in the infliction punishment were perhaps an experiment weH worth trying. The hemp cure is always a harsh cure. we may. and more than two centuries illustrious jurisconsult. laid down the general principle that he who for the first time commits a crime liable to spread by contagion and to become virulent. in ago the order that it may not infect others and create a moral pestilence. Meanwhile.



A TESTIMONIALES ET REASSUMPTUM domini millesimo quingentesimo octuagesimo tertia mensis aprilis comparuit in bancho actorum judicialium episcopatus Maurianne honestus vir Franciscus Ameneti scindicus et procurator procuratorioque nomine totius communitatis et parrochie septimo et die decima Sancti Julliani qui in causa Anno quam pretendunt reassumere coram reverendissimo domino Maurianne episcopo et principe seu reverendo domino generali ejus Vicario et Officiali contra Animalia ad formam muscarum volantia coloris viridis communi prosequi aut de novo intentare voce appellata Verpillions seu Amblevins facit constituit elegit et creavit certum ac legitimum procuratorem totius dicte communitatis et substituit vigore sui scindicatus de quo fidem faciet egregium Petremandum Bertrandi causidicum in curiis civitatis Maurianne presentem et acceptantem ad fines coram eodem reverendissimo Episcopo et ejus Vicario generali circa negotiis comparendi et faciendi quicquid ejusdem cause spectat et pertinet et prout posset si ipse scindicus facere interesset presens et personaliter et cum electione domicillii ceteris clausulis 259 .

Inde et nos Vicarius generalis Maurianne ne Animalia contra que agitur indeffensa remaneant deputamus eisdem pro procuratore egregium Anthonium Fillioli licet absentem cui injungimus ut salario moderate attenta oblatione conquer- entium qui se offerunt satisfacere teneatur et debeat ipsa .26o relevationis Appendix ratihabitionis et aliis opportunis suo jura- mento firmatis subque obligatione et hypotheca bonorum suorum et dicte communitatis que conceduntur in bancho die et anno premissis. ORDINATIO Anno domini judicialiter millesimo quinquagesimo octuagesimo septimo et die sabatti decima sexta maii comparuerunt prefato Franciscus nobis Vicario generali Maurianne Ameneti conscindicus Sancti JuUiani cum egregio Petremando Bertrandi ejus procuratore producens testimoniales constitutionis facte eidem egregio Bertrandi die tertia decima aprilis proxime fluxi petit sibi coram provideri juxta supplicationem nobis porrectam parte scindicorum et communitatis Sancti Julliani exordiente Divino primitus imploratoauxilwsigcidXnxn Franciscus Faeti contra Animalia bruta ad formam muscarum volantia nuncupata Verpillions producens etiam acta et agitata superioribus annis coram predecessoribus nostris maxime de anno 1545 et die vicesima secunda mensis aprilis unacum ordinatione nostra lata octava maii millesimo et quingentesimo octuagesimo sexto ipsis inauditis ne contra Animalia sibi provideri si procedi videatur petunt de advocato et procuratore pro defensione quam habeant se offerentes aut habere possent dictorum Animalium ad solutionem salarii illis per nos assignandi.

MEMORIALE Anno paruerunt premisso et die trigesima mensis maii com- judicialiter coram nobis Vicario generali Maurianne prefato honestus Franciscus Ameneti conscindicus jurat venisse cum egregio Petremando Bertrandi ejus procuratore producit et reproducit supplicationem nobis porrectam retroacta et agitata contra eadem Ani- malia maxima designata in memoriali coram nobis tento .Appendix Animalia protegere spectabili similiter et 261 defendere eorumque jura et ne de consilio alicujus periti sint exempta ipsis providemus de domino Petro Rembaudi advocatum {sic) cui injungimus ut debeat eorum jura defendere salario moderato ut supra. providebitur. Quamquidem deputationem prout juris fuerit visa mandamus ad eis notifficari et ipsis auditis ulteriora Quo interim per nos quadam fuisse ordinatione fuit fieri certas processiones et alias devotiones in dicta ordinatione declaratas quas factas non edocetur ideo ne irritetur Deus propter non adempletionem devotionum in ipsa ordinatione narratarum dicimus factis ipsas devotiones imprimis esse fiendas per instantes et habitatores loci pro postea ad ulteriora literas quo partes agunt quibus procedemus prout juris fuerit necessarias decernentes in talibus per quas comittimus curato seu vicario loci quathenus contenta in dicta ordinatione in habeat populumque monere infra prono ecclesie publice declarare et exortari ut illas adimpleant terminum tam breve quam fieri poterit et de ipsis nobis transmittere. attestationem Datum in civitate Sancti Johannis Maurianne die anno permissis.

Fillioli Hinc egregius Fillioli procurator dictorum Animalium brutorum petit communicationem omnium termino generalis et singularum productionum ex adverse deliberandi defendendi et participandi et cum cum domino advocate premisso. R. Indi nos Vicarius Maurianne prefatus communicatione superius premissis diem assignamus petita concessa partibus sabatti proximi sexta instantis mensis junii ad ibidem judicialiter coram nobis comparandum et tunc per dictum egregium Fillioli nomine que supra quid voluerit deliberare et defendere deliberandum et defendendum.t clerum in et incolas dicti loci proposse satisfecisse contentis in ipsis designate eisdem Uteris ad formam ordinis petit sibi juxta et in actis antea requisita provideri et alia uberius juxta cause merita et inthimari egregio procuratori ex adverse. D.262 decima sexta maii directas Appendix literas eodem die curato Sancti JuUiani unacum attestatione signata J^omaneft qua. Datum in civitate Maurianne die et anno premissis. consta. GENERALI VICARIO ET OFFICIALI EPISCOPATUS MAURIANNE Divine primitus implorato auxilio humiliter exponunt syndici totius cemmunitatis seu parrochie Sancti Julliani caeterique scriptis homines ac sua et interesse putantes et infraalias adherere cupientes quod caetera cum ob forte peccata animalis commissa tanta multitude bruti generis convoluntium vulge tamen vocabule Amblevini seu Verpillion dicti per vineas et vinetum ipsius parrochie accessisset damna quamplurima ibi perpetrantis folia et eis nulli saltern pampinos rodendo et vastande ut ex pauci fructus percipi poterant qui juri .

Nihilominus diversimode ecclesiastic© cum certum coUata ut in sit gratiarum dona diversis et fore hominibus potissimum ordini nomine Jesu et virtute ejus sanctissime passionis possit in terris ligare solvere et flectere iterum ad R.Appendix cultorum satisffacere possint erat ilia 263 et quod magis et gravius macula ad futura tempora trahendo vestigia nulli palmites fructus afferentes produci poterant illi autem flagitio antecessores amputare viam credentes prout divina prudentia erat credendum porrectis precibus adversus eadem Animalia et in eorum defensoris constituti personam debitis sumptis informationibus ac aliis formalitatibus necessariis prestitis sententia seu ordinatio prolata comperitur cujus et divinse potentise virtu te praecibus tamen runt et officiis divinis mediantibus illud flagitium et inordinatus furor prefatorum brutorum Animalium cessa- priscis usque ad duos vel circa citra annos quod veluti temporibus rediere in eisdem vineis et vineto et inextimabilia ita damna erunt percipi et incomprehensibilia afferre cepnulli ut pluribus partibus in fructus sperantur possetque dies deterius evenire culpa forte hominum minus orationibus et cultui divino vacantium seu vota et debita non vere et integre reddentium que tamen omnia divinse cognitioni consistit et remittenda veniunt eo quod Dei arcana cor hominis comprehendere nequit. recurrentes prius agitata reaset sumendo petunt quatenus opus primis fuerit de novo procedendo aut defensorem ipsis in procuratorem Animalibus constitui ob defectum praecedentis vita functi quo facto et ut de expositis legitime constet debeatis inquisitiones et visitationes locorum fieri per nos aut alium idoneum commissarium cseterasque formalitates ad hsec opportunas et requisitas exerceri ipso defensore legitime . V.

Fran. Faeti Ego subsignatus curatus Sancti Julliani attestor quosacro die Penthecostes modo decima septima mensis maij anno domini millesimo quingentesimo octuagesimo septimo ego accepi de manibus sindicorum mandatum exortativum sive ordinationem R^' generalis Vicarii et Maurianne datum in civitate decima sexta mensis may anno quo supra quod cum honore et reverentia juxta tenorem illius die lune Penthecostes decima octava may in offertorio magne misse parochialis populo ad divina audienda congregato publicavi idem populum michi commissum ad contritionem suorum peccaminum et ad devotionem juxta Officialis curie diocesis Sancti Johaiuiis meum tiones et orationes in predicto posse et serie monui processiones missas obsecramandate contentas per tres dies continues videlicet vicesima vicesima prima vicesima secunda predicti mensis cum ceteris presbiteris feci in quibus processionibus scindici cum parrochianis utriusque sexus per majorem partem circuitus vinearum interfuerunt .264 compertum de Appendix aliter vocato et audito nee non et prout magis equum visum dignetur ad dictorum Animalium via interdicti sive excommunicationis et alia debita censura ecclesiastica et jure extiterit procedere expulsionem ipsius justa ad quas et divinae suorum ministronim se parituros offerunt et submittunt omni superstitione semota quod si stricta excommunicatione processum fuerit sunt parati dare et prestare locum ad pabulum et escam recipiendos ipsis Animalibus quemquidem locum exnunc relaxant et sanctas constitutiones clementiae et mandatis declarant prout infra et alias jus et justitiam ministrari omni meliori modo implorato benigno officio.

Insequendo ordinationem per nos hodie date presentium latam in causa scindicorum Sancti JuUiani agentium contra Animalia bruta ad formam muscarum volantia coloris viridis nuncupata Verpillions supplicata per quam inter extitit cetera contenta in eadem dictum et fieri ordinatum devotiones et processiones ordi- natas per ordinationem latam ab antecessore nostro die octava maii anni millesimi quingentesimi quadragesimi sexti in eadem causa in primis et ante omnia esse fiendas per instantes et habitatores dicti loci Sancti JuUiani. ROMANET Franciscus de Crosa Canonicus et Cantor ecclesie cathedralis Sancti Johannis poralibus Ofificialis episcopatus dilecto sive Maurianne in et temMaurianne generalis Vicarius et Sancti JuUiani s vicario in domino. vobis mandamus et injungimus quathenus die dominico Penthecostes in prono vestra ecclesie parIgitur rochialis contenta in dicta ordinatione declarare habeatis populumque monere et extortari ut ilia adimpleant infra terminum tarn breve quod fieri poterit et de ipsis attestationem nobis transmittere.Appendix 265 deprecantes Dei omnipotentis dementia pro extirpatione brutorum Animalium predictas vineas atque alios fructus terre devastantium vulgariter nuncupatas {sic) Verpilions seu Amblavins in predict© mandato mentionata sive nominata in quorum fidem ad requisitionem dictorum scindicorum qui banc attestationem petierunt quam illis in exonus mei tradidi hac die vicesima quarta may anno quo supra. Tenor vero dicte ordinationis continentis devotiones sequitur et est talis. Quia licet per testes de nostri mandato et commis- sarium per nos deputatum examinatos apparet Animalia .

Cum a principio ipse summus Deus qui cuncta creavit fructus terre et anime vegetative produci permiserit tam substentatione vite hominum rationabilium et volatilium sic super terram viventium quamobrem non repente procedendum est contra ad fulminationem censurarum ecclesiasticarum Sancta Sede Apostolica inconsulta sive ab eadem ad id potestatem habentibus superioribus nostris sed potius recurrendum ad misericordiam Dei nostri qui in quacumque bora ingenuerit prefata Animalia sic ut supra damnificantia peccata propitius est ad misericordiam. causis premissis et alliis Ipsi quamobrem a jure resultantibus pronunciamus et declaramus inprimis fore et esse monendos et quos tenore presentium monemus et moneri mandamus ut ad ipsum Dominum nostrum ex toto et puro corde convertantur cum debita contrictione de peccatis commissis et proposito confitendi temporibus et loco opportunis et ab eisdem de future abstinendi et de cetero debite persolvendum et ejus ministris Deo decimas de jure debitas quibus de jure sunt persolvende eidem Domino Deo nostro per meritata sue sacratissime passio- .266 Appendix dampna bnita contra que in hujusmodi causa parte prefatorum supplicantium fuit supplicatum intulisse plura insupportabilia ipsis supplicantibus que tamen dampna potius possunt attribuenda peccatis supplicantium deci- mis Deo omnipotenti de jure primitive et ejus ministris non servientium et ipsum summum Deum diversimode eorum peccatis non (sic) offendentium quibus causis causantibus dampna fieri supplicantibus predictis non ut fame et egestate moriantur sed magis ut convertantur et eorum peccata deffluant ut tandem abundantiam bonorum temporalium consequantur pro substentatione eorum vite vivere et post banc vitam humanam salutem etemam habeant.

ipsis . In eisdem processionibus supra fiendis jubemus in eadem ecclesia genibus flexis dici et decantari integriter Veni Creator Spiritus quo hymno et sic finito et dicto verceleto Emitte Spiritum tutim creabuntur etc. die decantatis de Beata A et una pro defunctis secundo Maria Virgine cum orationibus Sancti Spiritus Beate Marie Virginis illis Qui contritorum et pro deffunctis. decantando septem psalmos penitentiales sequentibus ut in eisdem cum letaniis suffragii et orationibus inde mandamus moneri supplicantes prout supra . . cleri et populi quarum prima primo die decantabitur de Sancto Spiritu cum orationibus de Deus Deus qui contritorum et nos quesunius Domine mentis et corporis etc. . . . . cum orationibus Deus qui corda fiat fidelium singulis diebus sic prout supra proces .Appendix nis et intercessione 267 Beate Marie Virginis et omnium Sanctorum ejus humiliter exposcendo veniam et quibus- cumque peccatis delictis et offensis contra ejus majesfactis ut tatem divinam loca tandem ab afflictionibus pre- fatorum Animalium liberate dignetur et ipsa Animalia non it . Beata Maria cunctis . secundem ejus voluntatem et aliter exting eisdem supplicantibus uno die dominico in offertorio ut ipso die dominico supplicantibus per circuitum vinearum ejusdem parrochie et per loca cum aspersione aque benedicte pro effugandis prefatis Animalibus tribus diebus immediate sequentibus significationem et notificationem sic ut supra fiendas quibus processionibus durantibus decantari et celebrari tres missas altas ante sive post mandamus quamlibet earum proces- sionum ad devot. . supplicantibus ceterisque christianis transferre et al .

et effundendo cum fuerit Domino Deo et humiliter et devote preces nostro ut per merita sue sanctissime passionis intercessionem Beatissime Virginis Marie et ipsa omnium Sanctorum prefatis dignetur expellere Animalia predicta a vineis ut de fructus et earumdem non corrodant nee ibidem supplicantes a cunctis alliis adversitatibus liberare ut tandem de eisdem fructibus debite vivere possint et eorum necessitatibus subvenire et semper in omnibusque et glorificare laudare eumdem Dominum Redemptorem nostrum et in eodem fidem et spem nostram totaliter cohibenda a devastatione prefatarum vinearum et nos liberare a cunctis alliis adversitatibus dummodo sic ut allia supra ejus mandata servaverimus et hoc absque fulminatione censurarum ecclesiasticarum quas distulimus fulminare donee premissis debite adimpletis et alliud a prefatis superioribus nostris habuerimus in mandatis literas quatenus expediat in exequutionem omnium et singulorum premissorum decernentes Post literas insertionem dicte ordina- tionis dicti scindici Sancti Julliani petierunt sibi concedi quas concedimus datas in civitate Sancti Johannis Maurianne die decima sexta mensis maii millesimo quingentesimo octuagesimo septimo. Faure Per eumdem R.268 Appendix missis processionibus et devotionibus sic ut supra fiendis ad minus d. D.) et Officialem.*^ Maurianne. Maurianne generalem Vicarium {locus sigilH. Franciscus de Crosa Vic/ et Off. .^ gen. de qualibet domo devote intersint dicendo eorum Fidem catholicam et alias devotiones et orationes .

et Datum anno in civitate Sancti Johannis Maurianne die premissis. decimam presentis mensis junii nisi etc. signatam anne Franciscus Rembaud dicens concludens et fieri requirens pro ut in eadem cedula continetur.Appendix 269 MEMORIALE Anno premisso et die quinta mensis junii comparuVicario generali Mauri- erunt judicialiter coram nobis Ameneti consindicus Sancti Julliani asserens venisse a loco sancti Julliani ad fines remittendi in manibus egregii Anthonii Fillioli procuratoris Animalium brutorum cedulam signatam Rembaud producendam pro deffensione dictorum Animalium quiquidem egregius Fillioli produxit realiter eandem cedulam incohantem Approbando etc. COPIA CEDULE Approbando et in quantum de facta in medium adducendo ea que hoc in processu antea facto fuerunt et potissimum scedulam productam ex parte egregii Baudrici procuratoris Animalium signatam Claudius Morellus egregius Anthonius Fillioli procurator et eo nomine a . Hinc et egregius Petremandus Bertrandi procurator dictorum sindicorum Inde nos Vicarius generalis Maurianne prefatus partibus premissis diem assignamus veneris proximam duoet Sancti Julliani agentium petiit copiam dicte cedule. ad ibidem coram nobis comparendum et tunc per dictum egregium Bertrandi nomine quo supra quid voluerit deliberare deliberandum eidem concedendo copiam dicte cedule per eum requisitam.

270 Appendix reverendo domino Vicario constitutus occasione tuendorum ac deffendendorum Animalium de quibus hoc in process© agitur ut in actis ad quae impugn super relatio habeatur et brevibus agendo ac realiter deffendendo excipit et opponit ac multum miratur de hujusmodi processu tam contra personas agentium quam contra insolitum et inusitatum modum et formam profuit cedendi de eo saltem modo quo hactenus processum maxime cum agitur de excommunicatione Animalium quod fieri non potest quia omnis excommunicatio aut fertur ratione contumaciae cap. De est sententiis excomniunicaiionis lib. prima et 6. at cum certum via dicta animalia in contumacia constitui non posse quia excom- legitime citari non possunt per consequens municationis Agentes uti non possunt nee debent eo maxime quod Deus ante hominis creationem ipsa Animalia creavit ut habetur Genesi ib. ibi Gr. Genes: 9: ibi Quasi et omnia in plantas virentia tradidi vobis omnia a Deo quod dicta Animalia de quibus Adversantes conqueruntur modum vivendi a legi ordinatum non videtur egredi turn quia olera dum suam . Producat terra animam crescite et viventem in genere species suo junienta et reptilia et eis dicens bestias terre secondum suas benedixitque multiplicanmii et replete aquas maris avesque mul- tiplicentur super terram quod non fecisset creator nisi sub spe quod dicta Animalia vita fruerentur turn optimus maximus omnium quod ipse Deus Animalium tam rationabilium quam irrationabilium cunctis Animalibus suum dedit esse et vesci super terram unicuique secon- propriam naturam certum est et potissimum ad hoc creavit ut animalibus deservirent est enim ordo naturalis quod plante sunt in nutrimentum Animalium et quedam in nutrimentum aliorum hominis.

ibi et subjecta Posuit timorem super omnem carnem bestiarum ac volatilium non idcirco adversus talia Animalia licet subjecta uti non de- bent excommunicatione nee ullo executioni modo regat. 3. gent. In annoautem tertio Animalia non seminate et mettete et plantate vineas et covimedite fructum earuin non tamen cequitur(wV) quin dicta Animalia plantis non utantur quia sunt irrationabilia et carentia sensu neque ea posse dicemere quae sunt usui destinata vel hominum instinctu non certissimum est quia solo nature ut supra dictum est vivunt non idcirco necesse habent Agentes adversus dicta Animalia catione sed uti excommuni- peccata eorum universus populus presertim quern hujusmodi flagella affligunt et prosequuntur et poenitentiam agat exemplo Ninivitarum qui ad solam vocem Jone prophete austeriter poenitentiam egerunt ad mittigandam et placandam iram Dei. veniunt petita mandanda saltern modo petito presertim cum ratio et aequitas dicta Et licet juribus divino antiquo civili et canonico promulgatum legitur Qui seminat metet ut habetur Esai 37 ibi. esse Et quamvis dicta Animalia hominibus Ecclesiast: 17. Jon.Appendix bruta sensu et usu rationis carentia que 271 non secondum civilem legem divinam gentium canonicam primordialis vel secondum legem naturae qua sed Animalia cuncta docuit vivere solo instinctu naturae vivunt et ut ait Philosophus actus activorum non operantur in patienti. civili. de jur natur. et ergo cum dicta Animalia solo instinctu naturse dicantur per consequens dicantur ut habetur illius excommunicanda non veniunt. veniat populus et imploret misericordiam Dei optimi et sic maximi ut sua sancta gratia et per merita sanctissimae passionis excessum dictorum Animalium compessere et . tum quia jura naturalia : sunt im- mutabilia § Sed naturalia Ins tit.

ad ibidem judicialiter coram nobis comparendum et tunc per dictum Bertrandi nomine quo suppra quid voluerit precise deliberare deliberandum. Petrus Rembaudus MEMORIALE Anno premisso et die duodecima mensis junii comjudicialiter paruerunt coram nobis Vicario generali Maurianne prefato egregius Petremandus Bertrandi procurator dictorum Agentium petens alium terminum. Datum Mau- rianne die et anno premissis.272 Appendix modo dicta Animalia e vineis universis refrenare dignetur et hoc ejicient et non eo modo quo procedunt. Hinc et egregius Anthonius Fillioli procurator dictorum Animalium petiit viam precludi parti quidquiam ulterius deliberandi et producendi. Quibus consideratis evidentissime patet dicta Animalia e vitibus seu e vineis ejicienda non esse attento quod solo instinctu naturae vivunt et ita per egregium Anthonium Fillioli eorumdem Brutorum legittimi actoris fieri instatur et ab ipso petitur ipsum monitorium requisitum in quantum eis concernit dicta Animalia revocari et annullari nee aliquo modo consentiendo quod dictum monitorium con- cedatur nee etiam aliqui visitationi vinearum ut est con- clusum per Agentes in eorum supplicatione protestando de omni nuUitate et hoc omni meliori modo via jure ac forma salvis aliis quibuscumque juribus ac deffentionibus competentibus aut competituris humiliter implorato benigno officio judicis. Inde et nos Vicarius generalis veneris Maurianne prefatus partibus premissis diem assignamus proximam decimam nonam presentis mensis nisi etc. .

amus MEMORIALE Anno premisso et die sabatti vigesima septima mensis junii subrogata ob diem feriatum intervenientem comSancti Julliani paruerunt judicialiter coram nobis Vicario generali prefato Catherinus Ameneti consindicus venisse tore jurat cum egregio Petreraando Bertrandi ejus procurarealiter producens cedulam signatam Fay dicens concludens prout in eadem cedula continetur. Datum Maurianne die et anno premissis.Appendix 273 MEMORIALE Anno premisso et die veneris decima nona mensis junii preassignata comparuerunt judicialiter coram nobis Vicarium generalem Maurianne prefato egregius Petremandus Bertrandi procurator Sindicorum Sancti Julliani Agentium producens fieri cedulam cuncia et signatam Franciscus requirens pro ut et incohantem Etiam si Fay dicens concludens et quemadmodum in eadem cedula continetur. nos Vicarius generalis Maurianne prefatus copia prepetita concessa partibus premissis diem assignet Inde proximam vigessimam sextam hujus mensis ad ibidem judicialiter coram nobis comparendum et tunc per dictum Fillioli nomine quo supra quid voluerit deliberare deliberandum. et egregius Fillioli procurator Hinc Animalium petens copiam Inde et cedule cum termino deliberandi. Hinc et egregius Anthonius Fillioli procurator dictorum Animalium conventorum petiit copiam dicte cedulas cum termino deliberandi et respondendi. veneris junii nisi etc. nos Vicarius .

ibidem coUigitur apud D fore in i. COPIA Etiamsi cuncta ante CEDUL^ sint creata hominem ex Genesi non sequitur laxas habenas concessas fore et immo contra ut i. reperitur illam Nee dominationem animantia ac eorum respectu suscipere limitationem verum in divinis omne genuflecti in nomine Jesu. ar. Datum Maurianne die et anno premissis. q. et psal. hominem creatum ac constitutum ut cceteris creaturis dominaretur ac aequitate et justitia disponeret. ad ibidem judicialiter coram nobis comprehendum est tunc per dictum egregium Fillioli quid voluerit deliberare deliberandum. orbem terrarum in Non enim homo circa bruta contem- platione aliarum creaturarum habet esse sed contra. 5. Franc Faeti MEMORIALE Anno premisso et die quarta mensis jullii comparuerunt judicialiter coram nobis Vicario generali Maurianne . Corin. par. 26. Unde inherendo est re- sponsis spectabilis domini Yppolyti de Collo et postquam constat fore satisffactum ordinationi nihil quod impediri possit fines supplicatos adversus Animalia de quorum conqueritur ad quod concluditur ac justitiam ministrari omni meliori modo iraplorato benigno officio. 8. Sed cum circa materiam majores nostri satis scripserint in actis reassumptis et nihil novi adductum ex adverse cavetur inveniatur frustra resumerentur.274 Appendix diem jullii prefatus copia prepetita concessa partibus premissis assignamus sabbati proximi quartam instantis mensi nisi etc.

COPIA ut casteris CEDULA hominem creatum fuisse dominaretur creaturis Licet multis in locis reperiatur Animalibus et non . termino deliberandi. Inde et nos Vicarius generalis Maurianne prefatus partibus premissis diem assignamus proximam decimam octavam presentis mensis jullii nisi etc. MEMORIALE Anno premisso at die quarta jullii nobis Vicario prefato egregius comparuerunt coram Petremandus Bertrandi terminum. ad ibidem judicialiter coram nobis comparendum et tunc per dictum egregium Bertrandi nomine quo supra quid voluerit deliberare deliberandum. procurator Agentium petit alium egregius Anthonius Fillioli procurator Hinc Conventorum et in- heret cedulatis suis et fieri petitis super quibus petit justitiam sibi ministrari.Appendix 2j^ prefato egregius Anthonius Fillioli procurator dictorum Animalium producens cedulam incohantem Licet niultis signatam Remhaudi dicens et concludens prout in eadem cedula continetur hinc et egregius Petremandus Bertrandi procurator dictorum Agentium petit copiam cedule cum Inde et nos Vicarius generalis Maurianne prefatus copia prepetita concessa partibus premissis diem assignamus sabbati proximam undecimam presentis mensis jullii nisi etc. ad ibidem judicialiter coram nobis comparendum et tunc per dictum Bertrandi nomine quo sabbati supra quid voluerit deliberare deliberandum. Datum Maurianne die et anno premissis. Datum Maurianne die et anno premissis.

at jus divinum mutari non potest quod est in preceptis moralibus et naturalibus per consequens nee jus naturale mutari potest nam jus naturale manat ab jus nam honesto nempe ac ratione immortali plantis et perpetua. at ratio jubet ut dicta Animalia vivant potissimum hiis nempe que ad usum dictorum Animalium videntur creata ut supra dictum est ergo Agentes nulla ratione debent uti via excommunicationis. I. i. dist. Igitur ne in causa ulterius progrediatur potissimum cum cedula pro parte SindiSancti Julliani corum signata totius communitatis Faeti. Rembaudus .276 Appendix idcirco opus est ut Agentes adversus dicta Animalia excommunicatione utantur sed via usitata et ordinaria et praesertim ut dictum est quod dicta Animalia jus naturae sequantur quod quidem jus nusquam iramitatum (su) peritur re- divinum et naturale pro eodem sumuntur. Rembaudus. benignum officium omni melliori modo. producta Fran: nuUam penitus mereatur respon- sionem obstante quod nihil novi in dicta cedula propositum comperitur etiam quod contentis cedulse parte gregii (egregii) Anthonii Fillioli procuratorio nomine dictorum Animalium producte mimime sit responsum idcirco cum omnia que videbantur adducenda ex parte dictorum Animalium adducta et proposita fuerunt ut ample patet in dicta cedula superius producta signata P. ad quam impugnatus semper relatio habeatur non igitur alia ex parte dictorum Animalium adducenda nee proponenda videntur presertim ut dictum est quod ratio et equitas dicta Animalia non regat quapropter egregius Anthonius Fillioli nemine dictorum Animalium : suppra relatorum suoe cedule et in hujusmodi causa adversam fieri recuisitis inhoerendo concludit super eis jus dici et deffiniri et justiciam sibi fieri et promulgari implorans P. Can.

MEMORIALE Anno sis juli premisso et die veneris vigesima quarta men- comparuerunt judicialiter coram nobis Vicario generali Maurianne prefato egregius Petremandus Bertrandi procurator Sindicorum Agentium produxit testimoniales sumptas per communitatem Sancti Julliani congregatam coram visecastellano Maurianne continentes declarationem loci quem offerunt relaxare et assignare eisdem Animalibus pro eorum pabulo quathe- nus indigent ad formam earumdem testimonialium signatarum Prunier adversus quas petit adverso viam precludi quicquam opponendi et exipiendi et deffendendi quominus dicta Animalia devastantia non debeant arceri ambigi cogi et in virtute sancte Dei obedientire vineta loci predicti Sancti Julliani relinquere et in locum . Inde et nos vicarius genera] is Maurianne prefatus de consensu procuratorum dictarum partium ipsis partibus diem assign- amus primam juridicam post messes ad ibidem coram nobis comparendum et tunc per dictum egregium Bertrandi nomine quo suppra quid voluerit precise deliberare deliberandum.Appendix 277 MEMORIALE Anno egregius premisso et die decima octava mensis i jullii com- paruerunt judicialiter coram nobis Vicario prefato Agentium Hinc et egregius Fillioli procurator dictorum Animalium petit viam precludi parti quidquam ulterius articuUandi et deducendi et inherendo Petremandus Bertrandi procurator petens alium terminum. suis cedulatis petit sibi justitiam ministrari.

Quiquidem egregius Animalium petiit copiam testimonialium Fillioli procurator dictorum et communicationem dictarum Inde et cum termino deliberandi et deffendendi. Datum Maurianne die et anno premissis. D.conseilliers dudict lieu avec des manantz et habitantz dudit lieu les deux partyes les troys faisantz le tout tous assembles au son de la cloche au Parloir damon place publicque dudit lieu de Sainct Jullien au . Ont comparu pardevant Nous Jehan Sainct Jullien et notaire ducal et Vichastellain pour son Altesse au lieu Depupet de et Montdenix honnestes Francoys Catherin Aimenetz conscindicz dudict lieu maistres Jehan Modere Andre Guyons Pierre Depupet notaires ducaulx maistre Reymond Thabuys honnestes Claude Charvin Jehan Prunier Claude Fay Frangys Humbert et Vuilland Duc. implorando et ita intimari egregio Fillioli procuratori ex adverse. EXTRAICT DU REGESTRE DE LA CURIALLITE DE SAINCT JULLIEN Du penultiesme jour du moys de juing mil cinq cent Jullien huictante sept. V.278 Appendix assignatum accedere et divertire ne deimpceps (deinceps) officiant eisdem vineis que sunt usui humano pemecessariae et alias ulterius super cause exigentia provideri benignum officium R. nos Vicarius generalis Maurianne prefatus copia et communicatione prepetitis concessis partibus premissis diem assignamus primam juridicam post ferias messium proxime venturam ad ibidem judicialiter coram nobis comparendum et hinc per dictum egregium Fillioli nomine quo suppra quid voluerit deliberare deliberandum.

A ceste cause ont tous les susnommes et aultres y assembles delibere leur offrir la place et lieu appelle la Grand Feisse ou elle se treuvera souffizante pour les pasturer et que le sieur advocat et procureur diceulx Animaux se veuillent contempter laquelle place est assize sur les fins dudict Sainct JuUien audessus du village de Claret jouxte la ant de Combe descend- Roche noyre passant par le Crosset du levant la Combe de Mugnier du couchant ladicte Roche noyre dessus la Roche commencant a la Gieclaz du dessoubz de quarent a cinquante sesteries ou environ peuplee et garnye de plusieurs espresses de boes plantes et feuillages comme foulx laquelle place sus coufinee centient allagniers cyrisiers chesnes planes et aultres arbres et buissons oultre lerbe et pasture qui y est en asses bonne quantity a laquelle les susnommes au nom de ladicte communaulte Ion offre ny prendre chose que ce soyt moing permettre a leur sceu y es tre prins et emporte chose que soyt dans lesdictz confins soyt par gens ou bestes saufz toutteffoys que ou le passaige des personnes y seroyt neces- .Appendix conseil general suyvant la 279 publication d'icelluy faicte cejoudhuy mattin a lyssue de la parocchielie dudit lieu et au lieu ce fere accoustume par Guilliaume Morard metral dudict lieu ce a Nous rapportant disantz les susnommez scindicz comme au proces pas eulx au nom de ladicte communaulte intenre et poursuyvy centre les Animaulx brutes vulgairement appelez Amblevins pardevant le Seigneur Reverendissime Evesque et Prince de Maurianne ou son Official est requis et necessayre syvant le conseil a eulx donne par le sieur Fay leur advocat de ballier ausdictz Animaulx place et lieu de souffizante pasture hors les vigniables dudict lifeu de Sainct JuUien et de celle qu'il y en puissent vivre pour eviter de manger ny gaster lesdictes vignes.

Et de laquelle deliberation les dictes tel perpetuyte a susnommes lieu Scindics conselliers et aultres Nous ont requis acte leur octroyer que leur avons concede audict du Parloir damont place publique dudict Sainct JuUien en presence de Pierre Reymond de Montriond Urban Geymen de Sainct Martin de la Porte et de Janoct Poinct de la paroisse de Montdenix tesmoingtz a ce requis et a ce dessus assistantz les an et jour que dessus. Prumier atrial MEMORIALE CONTINUATIONIS Anno premisso et die undecima mensis augusti comparuerunt im banco actorum judicialium episcopatus Maurianne procuratores ambarum partium qui citra prejudicium jurium ipsarum partium prorogaverunt et .280 Appendix sayre a quelque lieu ou endroit ou Ion ne puisse passer par ledict lieu sans fere aulcung prejudice a la pasture desdicts Animaulx comme aussi dy pouvoir tirer mynes de coUeurs et aultres si alcune en y a dequoy lesdictz Animaulx ne se peuvent servir pour vivre et par ce que le lieu est une seure retraicte en temps de guerre ou aultres troubles par ce quelle est garnye des fontaynes qui aussi servira ausdictz Animaulx se reservent sy pouvoir retirer au temps susdict et de necessite et de leur passer contract de ladicte piece aux conditions sus- que sera requis et en bonne forme et vallable a tel sy que ou le Sieur Advocat et Procureur desdicts Animaulx ne ce contenteroyent de ladite place pour la substentation et vivre diceulx animaux visitation prealablement faicte si elle y exchoict de leur en baillier davantage allieurs. L.

ALIA CONTINUATIO Anno premisso et die vigesima mensis augusti comin paruerunt eodem bancho Fillioli egregius Petremandus partium et citra Bertrandi et Anthonius procuratores lictigantium quiquidem de consensu eorumdem prejudicium jurium partium et actento transitu armiger- orum prorogaverunt assignationem ad hodie cadentem usque ad diem jovis proximam vigesimam septimam Datum Maurianne die et anno hujus mensis Augusti. MEMORIALE REASSOMPTIONIS vigesimam septimam coram nobis Vicario prefato procuratores ambarum partium quiquidem citra derogationem jurium ipsarum partium prorogaverunt et continuationem ad hodie cadentem usque ad diem jovis proximam tertiam instantis mensis septembris. premisso et Anno die jovis augusti comparuerunt judicialiter MEMORIALE AD JUS Anno premisso paruerunt et die tertia mensis septembris comnobis Vicario generali judicialiter coram Maurianne prefato egregius Anthonius FillioU procurator Animalium brutorum qui visis testimonialibus productis parte dictorum Agentium continentibus assignationem . Datum die et anno premissis.Appendix 281 continuaverunt assignationem datam ipsis partibus usque ad vigesimam presentis mensis augusti. premissis. Datum die et anno premissis.

dictorum parte Animalium in- cipiente Ut appareat supplicationis signata Claudius Morellus — tenore porrecte dictorum Agen- tium —tenore monitorii abjecti desuper ipsa supplicatione . ORDINATIO IN CAUSA SCINDICORUM SANCTI JULLIANI SUPPLICANTIUM EX UNA contra Animalia bruta ad formam muscarum volantia colons viridis Supplicata Visis actis dictorum moriali tento in Agentium eadem causa sub signanter primo medie vigesima secunda mensis Petri aprilis anni 1545 coram spectabili domino Francisco Bonivardi jurium doctori cedula producta parte egregii — Falconis procuratoris etc. Hinc et egregius Petremandus Bertrandi procurator Scindicorum Sancti JuUiani Agent- ium dicit locum destinatum et oblatum esse idoneum plenum virgultis et parvis arboribus prout ex testimonialibus oblationis constat et latius constare quathenus opus sit oflfert inherens suis conclusionibus petit jus dici Inde et nos Vicarius generalis Maurianne prefatus mandamus nobis remitti acta ad fines providendi prout juris assignando partes ad ordinandum.282 loci Appendix et assignare dictis quern obtulerunt relaxare Animalesse ibus pro eorum pabulo dicit eumdem locum non sufficientem nee idoneuni pro pabulo dictorum Animal- ium cum sit locus sterilis et nuUius redditus. premissis. Datum in civitate Sancti Johannis Maurianne die et anno et ordinari ac pronunciari. Et ampliando omnia et quecumque agitata in presenti processu parte dictorum Animalium petit Agentes repelli cum expensis et jus sibi ministrari.

signata Petrus Pembaudus allia cedula producta parte Agentium dicte — — — signata Franciscus Faeti incipiente allia Etiam siaincta etc. fluxi die tertia mensis — ceterisque videndis diligenter .— Appendix sub die 25 aprilis 283 anni predict! millesimi quingentesimi quadragesimi quinti signati Daprilis — ordinatione junii lata in eadem causa sub anni ine die duodecima mensis visitationis —testimonialibus — Matheum Daprili signa. signata Petrus de CoUo —tenore ordinationis anni presentis 1587 late in eadem causa sub die sabatti octava mensis maii anni 1546 signate Michaelis memoriali reassumptionis tento sub die tresdecima mensis — aprilis —ordinatione Faeti lata in eadem causa per reverendum anni presentis dominum Franciscum de Crosa porrecta parte dictorum antecessorem nostrum sub die decima sexta mensis maii — supplicatione Franciscus ordinationis Agentium virtute signata — litteris obtentis sub die decima sexta dicti mensis attestatione signata Romanet sub die 24 ejusdem mensis maii cedula producta pro parte dictorum Animalium incipiente Approbando etc. signata jullii Petrus Rembaudus — anni presentis continentibus declarationem loci dicti quem Agentes obtulerunt relaxare pro pabulo dictorum memoriale ad jus tento coram eodem Animalium — domino Vicario antecessore nostro sub septembris proxime consideratis.tis Dapri/i — ejusdem facte per egregium cedula producta nom- ipsorum Animalium incipiente Visttalio et signata Claudius Morellus allia cedula producta parte dictorum Agentium incipiente Etsi rationes etc. cedula producta pro parte Animalium incipiente tento sub die vicesima quarta mensis — memoriali proxime fluxi testimonialibus signatis Prunier sumptis coram Vicecastellano Maurianne sub die penultima mensis junii Licet Jtiultis etc.

. Item pro sportulis domini Vicarii III bre 1587. flor — 20 decem- . rem vis provid Mermetus generalis in civitate S decima anno domini die octuagesimo sep Petremandi Bertr dictorum Scind et egregii dictorum Animal. . . ordinationem acceptandum facit die et (pro visitatione III flor) loais sigilli. .284 quam ad Appendix Nos-Vicarius generalis Maurianne subsignatus antediffinitivam in primis et ante loci oblati procedamus dicimus et ordinamus omnia esse inquirendum super statu p quem locum visitandum mensem et nobis fuerit ut f. Solverunt Scindici sigillo Sancti JuUiani incluso processu Animalium ordinationum petat in processu dictorum et pro copia que comAnimalium omnibus inclusis XVI flor.

and other nuisibles provinces of France. where it first appeared. totius curiae coelestis. pestiferi vermes. et Spiritum Sanctum ab utroque procedentem. Acadhnique de Savoie. et per Jesum Christum >^ filium ejus Dominum nostrum. Desnoyers {Recherches sur la les insectes et d excommunier autres animaux a F agriculture. ubi Dei servis nocere poteritis. These ceremonies are accompanied with adjurations and maledictions. in his Manuale Exorcismorum. pp. nee amplius ^ in eis habitetis. pro parte divinae majestatis. si per maleficium diabolicum hie estis. aquis. coutume d' exerciser et J. 524-57. ut confestim recedatis ab his campis. Maximilian d'Eynatten. for the purpose of expelling noxious insects from the vineyards and warding off disease from the grapes and the silkworms. con- secrated boughs. ut deficiatis in vobisipsis. per Deum omnipotentem {<. in Provence. necnon ecclesiae hie adhuc militantis. In Protestant lands official days of fasting and prayer are supposed to produce the same results. it is still the custom. sed nullis ad ilia ac talia loca transeatis. si Dei providentia adhuc vitam vobis indulgeat. sprinklings with holy water. 285 Vesprit des Animaux^ Published by Leon Menebrea in the appendix to his treatise : de la forme et de les jugements rendus au Moyen-cLge centre Cf. The form of exorcism given by an Antwerp canon. According to M. 15). Languedoc. pratis. hortis. is as follows : — " Exorcizo patrem et adjuro vos. Tome xii.Appendix De FOrigine. Alemoires de la Soci'ete Royale Chambery. for the peasants to ask the country curates for prayers. 1846. ac de- . impero. vineis. p. Vobis. le Bordelais. and extraordinary processions.

et ad gloriam Dei ad usum et salutem humanum conducibiles. Amen." 1204. Coloniae. 1626. Thesaurus Exorcismorutn.— 286 crescatis. Quod praestare dignetur qui venturus est judicare viros et mortuos et saeculum per ignem. Resp. . p. nisi Appendix quatenus reliquiae de vobis nuUae reperiantur.

ni les ne frappe pas seulement les Creatures raisonnables. preuue de cette verite. qui taille aussi bien que le verd. Car on a veu en plusieurs enle bois sec morts . qu'elles De sort que les Habitans de la pour les Ville et enuirons. recoururent h I'Euesque Ex- ^ The first part of this treatise. Only the second part. n'epargnant ny les viuans. consisting of seventeen chapters.Appendix 287 B IP DE L'EXCELLENCE DES MONITOIRES PAR GASPARD BAILLY II ne favt pas mepriser les Monitoires. portant auec soy le glaiue. Au y auoit telle quantite d'Anguilles dans le gastoient tout le Lac : Lac de Geneue. is here printed. et obeissans aux commandemens de la I'Eglise se retiroient dans le lieu ordonne par sentence de I'Euesque qui Siecle passe. qui est I'Excommunication. qui la terre. tels que sont Les exemples en sont fre'quens. veu que c'est vne chose grandement importante. . describing the legal procedure. mais s'attache aux irraisonnables. il leur formoit leur proces. discusses the different kinds of " monitoires " and their apphcations. pour les animaux. et droits qu'on a apportoient excommunie les bestioles et du dommage aux fruits de insectes. le plus dangereux dont nostre Mere sainte I'Eglise se sert.

Scilicet hoc deerat post tot dans ses mala denique nostris. stant nisi vota super. 288 Appendix fait. Locustce vt raperent. qu'ayant mange les fruits de la terre. quidquid inesset agris. que les Courbeaux et autres animaux camassiers ne les pouuoient supporter. et tellement epaisses qu'en volant elles leuoient la vetie de la clarte du Soleil. ces animaux . qui tomberent faisoient. Castrave Cersis erant. d'vne Eglise qu'on auoit basti k Loudun. Bernard. lesquelles estant mortes infecterent I'Air de si raauuaises odeurs. H(B fanum milium farra omnia constimpserunt Spes in Augusta est.. on n'y eut apportd du secours par Altiat TExcommunication. Qualia non Athilm. y eut si telle quantite de Sauterelles en Bresse. et apres ils en eurent quatre. Personage il les Excommunia. de sorte qu'elles tomberent toutes mortes ayant couuert le paud de I'Eglise. grosse teste. Lac fut deliurd de Du temps de Charles Due il de Bourgogne fils de Philippe le Bon. ce que voyant d'vne nuee . en Italie qu'elles mirent presque la famine dans tout le Mantoiian. le communier. On si raconte en la vie de S. que par le myen du bruit qu'elles empechoient a ceux qui entroient de prier le S. et d'vne coud^e d'auteur. Vidimus innuineras Euro Duce tendere turmas . elles DiEV. On dit aussi qu'en Pologne il y eut aussi telle quantite de ces animaux au commencement sans aisles. Nous lisons qu'en I'ann^e 1541. ce qu'ayant estd ces animaux. sous I'intitulation nihil reliqui. elles causerent la famine en ces lieux-la. le ventre remply de vilenie et ordure . il y eut vne telle quantite de Sauterelles en Lombardie. qu'il se leua vne grande quantite de Mouches. Elles estoient longues d'vne doigt. qu'ils couuroient deux mille. et de ce nous parle Embldmes.

et foins. . et animaux ayans estd jettes k la Mer . il s'ensuiuit vne telle corruption en I'Air. que la peste rauageat grande quantite de monde en ce pays Ik. . et se defendre contre les Habitans qui veulent leur faire quitter le les raisons lieu. bl^. Requeste presentee par les Habitans du lieu qui soufifrent le dommage. Ce que vous verrez clairement par le moyen du 19 plaidoyer suiuant. ayans six aisles auec deux dents plus dures que de tels pierre. et estoient en danger de faire.Appendix firent 289 la terre. dernier. qui couurirent toute la terre. et il veues et considerdes. sur la Premierement. par Procureur. arbres. et gasterent tous les fruits. que par la malediction Ecclesiastique. et si prodigieuses. qu'ayans mangd tous les fruits. et ecorces des arbres iusques k la racine. elles s'dleuerent comme vne nuee si forte. il y eut dans la France des Sauterelles en nombre prodigieux. et tombees en la Mer. on fait informer sur le ddgat que tels animaux ont fait. feiiiles. et la deduire toutes leurs raisons. comme de la neige. d'vne part et d'autre rend sa Sentence. Du temps de Lotaire troisieme Empereur apres Charlemagne. comme on par le leur forme leur procds afin la de s'en garantir moyen de malediction que leur donne I'Eglise. Chap. il causerent vne peste qu'en vn seul Royaume y niorut huit cens mille Habitans. et un degat non-pareil aux biens de ne purent estre chasses par autre force ny Industrie. ou elles estoient. Saint Augustin raconte au Liure de la Cit6 de Dieu. Voilk quantity d'exemples quo nous font voir le dommage que nous Maintenant voyons apportent ces bestioles et insectes. qu'en Afrique il y eut telle quantity de Sauterelles. le Juge Ecclesiastique donne vn Curateur a ses bestioles pour se presenter en jugement. laquelle information rapportee.

Sauterelles autres animaux insectes. Isles comme firent Maiorque et Minorque. vous Plaidoyer des Habitans Messievrs. et font et autres fruits et vn tel ddgat aux bids. qui gasta toutes les Terres. ou de ce Renard qui fut enuoyd par Themis a Thebes. qui autre-fois ceux des : . que les supplians puissent vacquer. par le rauage que font ces bestioles. et exempter du rauage que les Lapins leur faisoient vous auds des armes plus fortes que les Soldats de cette Empereur pour garantir les pauures supplians de la faim et necessity de laquelle ils sont menaces. a la Bontd. Qui les fait recourir h. ce qui causera vne famine insupportable. auec il plus de deuotions au seruice Diuin. recourent a votre Justice. qui mangent les bids. qui n'dpargnent ny bid. qu'il ce qu'il vous plaise faire en sorte que ces animaux ne gastent. et sur ce plaira pouruoir. afin de les defendre. et mangent les fruits de la terre a pleu a Dieu afin d'enuoyer pour I'entretient des hommes. ny vignes . I'oeil. rauage semblable a celuy que faisoit vn Sanglier. dont parle Homere dans le premier Liure de son Hiliade. raisins qu'ils n'y laissent rien. d'ou les pauures supplians soufTrent notable prejudice. il y a quantity de Souris.290 Appendix Requeste des Habitans Svpplie liieu et hvmblement N. ces pauures Habitans qui sont a genouy les larmes h. Taupes. Vignes. et Oliuiers du Royaume de Calidon. qui enuoyerent vers Aug. Cesar pour demander des Soldats. vignes de la terre. Exposans comme riere le de N. la prise pendante par racine estant consommde par ces animaux. Clemence et Miseri- corde de Dieu.

sed nihil turpe. vt qualieumque sorte iuuetur. Quid turpe non eogit fames. si on vous le represente. sola enim eura est. pitie et reuestus d'habits dechir^s. Da meum filium tuum. scabri rubigine denies. La mort qui vient par la famine est la plus cruelle vUa flectitur esuriens : est parle entant qu'elle est pleine de langueurs. 291 n'dpargnoit ny les fruits de la terre. le crois que vous aurds compassion. Hirtus erat crinis. vous aues trop de douceur. qui sont autant de nouuelles. Mortis grauissimum genus. nee enim rationem patitur. est. mortalibus At perijsse fame. et des visages affames. cana lumina. pallor in ore. et diuerses especes de mort. Dura qtiidem miseris. et en cdt estar obtiendrent grace et misericorde. qui pendant la famine de Samarie. Appendix Paysans mesmes. Ossa sub incuruis extabant arida lumbis Ventus erat. nihilve. Res vna miserrima longi omnis. . ddbilitds et foiblesses de coeur. auec de contenances toutes tristes. et eomedimus. per quam spectari viscera possunt. et vltimum malorum fame perire. firent compassion au grand Capitaine louse. et de Justice pour les laisser engager dans cette misere qui contraint a s'abandonner a des choses illicites. Labia iticana siti. vetitum esuriens eredit. et cruelles. ny le bestail attaquant les Vous sQauez assez les maux que raporte la faim. mors est. par aduance en I'estat qu'il serait reduit si la faim I'accabloit. vt eomedamus hodie.. Et Auian Marcellin dit. mangerent les enfans. I'une de 1' autre. nee vlla ceequitate mitigatur : nee prece populus Temoins les Meres dont il au quatrieme des Roys. pro ventre locus. et filium comedimus eras : Coximus ergo filium meum. Dura aitis. de ce pauuve Peuple. Les Gabaonistes.

que celuy qu'on appelle. vous instruisent suffisamment du degat que ces animaux ont fait. informer du degat qu'on pretend qu'elles ayent fait.292 Appendix Les Informations et visites qui ont estd faites par vos commandements. pour pouuoir connoitre vn delict. ny doiuent se presenter en jugement . h. quoy les pauures demandeurs nables. et doit agir librement. droit. vois plaira que de je remontre leur a faites que : les formalites. qui ne peuuent. doit estre capable de raison. leur donne vn Aduocat. et s^ait qu'elles sont muettes. fort qu'on la contre sont nuUes m'etonnant fa^on qu'on en vse. et k c6t effet leur enioindre de quitter le lieu et se retirer dans la place qui leur sera ordonnees en faisant les execrations requises et necessaires. le comme Juge voulant suppleer a ce defaut. ordonnees par nostrc Mere Sainte I'Eglise. sur lesquelles concluent. la raison est. Or est-il que les animaux estans on . ne restant plus main- tenant que d'adjuger les fins et conclusions prises par la Requeste des demandeurs. on donne des plaintes contre elles. Plaidoyer pour Messievrs. ddpuis que les Insectes vous m'auds choisi pour il la defense ces pauures bestioles. Qve I'adiovmement laxe contr'elles est nul comme laxe contre des bestes. il vous a pleu de me donner la liberte de parler pour les pauures animaux. Messieurs. je diray pour leur defence en premier lieu. Ensuite dequoy on a fait les formalites requises et necessaires. qui sont ciuiles et raisonil vois plaira de faird reflection. et parceq. et fasse voir elles. on fait on les assigner par-deuant le Juge pour respondre. pour representer en Justice les raisons qu'elles ne peuuent deduire . comma fait si elles auoient commis quelque crime.

Deus . neque ea quoe consequuntur : locum habent. qui sont priues de son vsage. Nee enim potest animal. pauper feciss. donnde au seul homme. quod sensu caret. moins leur donneront des memoires. en sorte que tel adjournement ne pouuant auoir aucun effect. Appendix priu^s de cette lumiere qui a est^ il 293 faut conclurre par necessaire consequence. elles ne constitueront pas des Procureurs. ff. si quadrupes. ser quest-ce qu'on pretend bestioles. ne peuuent vn Procureur. enim. et voyci les mots. capables de contracter. pour deduire en jugement. non tenentur enim ex contractu. le reste comme en dependant. ne viendront pas respondre car elles sont muettes. litig. Si done I'adjournement qui est la base de tous les actes judiciels est nul. ne fait rien mal k propos. neque ex pacto. est nul. leur raison Car elles sont priuees de raisonnement. dicat . que Ton ne peut appeller personne en jugement sans cause . ne pourra subsister cum enim principalis causa non consistat. De plus dans la Justice. ny en aucune fagon. qui ne se rencontre pas aux animaux. neque ex stipulatione. La seconde raison est. la Justice en cela imitant la Nature laquelle. Mais animaux ne sont obliges par aucune cause. que telle de la procedure cecy est tire Loi premieree. car autrement celuy qui fait adjourner quelqu'vn sans raison. est nulla . et Natura nihil operantur frustra. pour commettre vn crime. il faut estre capable de raison.. moins ex il delicto. elles de faire Je laisse a penayant adjourne ces . On dira peut-estre constituer que si bien tels animaux. pour defendre leur cause. iniuriam fecisse. . neque ex quasi contractu. on ne doit rien faire qui ne porte coup. seu quasi parce que comme a este dit cy-deuant. pour la defense de leur droict. tiltre il doit subir la peine tern. comme dit le Philosophe. estans in- portde sous le ces des instituts de poen.

res ad Civit. pour preuue de cette proposition faite h. parce animaux estans incapables de faire faute. cap. gloss. I'Eglise du plus rigoureux et aye en sa main. d'Anathema et malediction. et de plus Criminels ces faut auoir la liberty il On de prendre I'vn et laisser I'autre. nous monstre ce qu'il faut suiure. A cela constituer. glaiue que ne chatie que les ni peche. que pour pecher il faut auoir la lumiere de la raison laquelle dicemant le bien d'auec le mal. Mais ce que je treuue plus estrange. in I. definition de I'Excommuon verra qu'on ne peut prononcer telle Sentence contre ces animaux car 1' Excommunication est dite extra si De plus. ou il n'y a point d'adjournement. In administratione sua iurisdictionts. cecy est decide par la glose de pertinefit. comcause de leur desobeissance qu'il muniter BartoL. per indirec- tum I. et ce qu'il faut fuir. etc. et peut partant que le du Juge. et partant que la Contumace et defaut estant vn crime. ou la partie n'en pouuait faire. tuae de procuratoribus. on pretend faire prononcer contre ces pauures animaux vne Sentence d'Excommunication. on peut faire rendre contre elles Sentence Contumaciale. quomodo. . ne le peut faire. ea quae C. de consanguinibus. k : Mais a cela on respond ny a point de Contumace. c. et Loy 2 ff. mais non pas en ce cas. co7icedi non debet. le Juge la aussi. et a quel sujet vser contre des bestioles qui sont sans defense. ou du moins qui soit valable quia paria sunt non esse citatum. et affinibus. ita dd. de adtninistrat. qui ne punit . on prend garde \ la : nication.294 et instruction Appendix de leur cause que fait le Juge de son office le de la on respond qu'il est vray lors qu'il le fait salon la disposition du droict. vel non esse legitime citatum. est le fait partie. vovdra peut-estre dire qu'elles ont manque en ce qu'elles ne se sont presentees ayant est^ adjurndes. propos L'axiaume qui dit quod directe fieri prohibetur.

Ces animaux font vn acte perCar il est dit dans la species suas. nisi per quandam consequentiam. quaeque ad vescendum necessaria stmt inquirant. il leur est permis d'en manger et prendre leur nourriture. qui ne sont doilies d'aucune raison. sicut dignum extra de homicid. et vniuersa ligna. quae habent in semetipsis sementem generis sui. omnein herbam afferentem semen . Genese menta. vt habeat ad vescendum. ecce dedi vobis. L'autre raison est. et cunctis animalibus terrae. i. 5 dit quhd de its quae f oris sunt nihil ad nos quoad Excommuntcattonem. et . Excomm. ayant fait ce qui leur est permis par le droit Diuin et de Nature. super terram. et in quibus est anima viuens . 295 h quolibet Tellement que tels animaux ne peuuent estd. licet imputatur. mis mesme par le droit Diuin. quod facienti actum permissum non illo. Par ces raison on voit qu'ils n'ont commis aucun delict. Cast pourquoy Tame de ces animaux. 5 cap. corpusque tueantur. quia Excommunicare non possumus. id quod sequitur ex consecutiuum sit repugnans statui suo cap. vt se vitam. omnique volucri vniversis quae mouenturin terris. pour les Que si les fruits de la terre ont estd faits animaux et pour less hommes. vel h qualibei communione. estre dechasses de I'Eglise. vel legitinio actu separatio. quae vergit in dispendiwn aeternae salutis. I'Excommunication afficit animam non corpus. fecit et Deus bestias terrae iuxta iu- otnne reptile terrae in genere suo dixitque Deus. Paul ad Coritith. n'estant immortelle. de occidendis 23 q. non pas pour les brutes. cuius Medicina est.Appendix Ecclesiam positio. elle ne peut estre touchde par telle Sentence. in 6. n'y ayans jamais d'autant qu'elle est pour les hommes qui ont Tame raisonnable. cap. aussi Ciceron dit au premier des O^ces principio generi omnium animantium est d natura attributum. vt sint vobis in escam coeli. et I'Apostre S. de sentent.

ny maudis. Triomphant. doliisque. S. Que si toutes ces raisons ne vous touchent. Car dit pronongant leurs par sa justice Sentence s'est s'en pendre k Dieu. immitamque in vos bestias agri quae consutelle le mant vos. exilee. les considerans en eux mesmes. . et ars.296 par ainsi ils Appendix ne peuuent estre punis. lude. qu'on ne peut donner aucune sentence d'Excommunication contre elles ny jetter aucun Anatheme. non est Angela licitum makdicere. et rationali delinquenti seu afferenti. estans Creatures de Dieu s'est peche de blasphemer et de les maudire. fugere pudor. et ad paucitatem cuncta redigant. q. multo minus erit licitum homini. et vanum. et faisant des conquestes par tout. Protinus irrupit vena: prioris in ceiiutn. Terras Astrea reliquit. est otiosum. fratrum quoqui gratia rara Imminet exitio vir. et per consequens illiciium. cum etiam creaturae intdlettuali. 2. Si igitur Michael. et persuadera k vostre Esprit. eo damnum quod secundum solitum facit . q. ilia mariti Liuida terribiUs miscent aconita nouercae Filius ante diem. et virgo ccede niadentes. verumque fidisqut. Ultima Cilestum. Et Guide en ses Metamorphoses voyant que le vice auoit pris le haut bout. et amor sceleratus habendi. Non socer a genero. Uita iacet pietas. 76. Thomas 2. non hospes ab hospiie tutus. 23. conjugis. que de donner des maledictions aux choses irraisonnables. Uiuitur ex rapto. est. pouuant dire maintenant ce que Dieu a dit auant le Deluge omnis Caro corrupit viam suam. et pecora vestra. 3. patrios inquirit in annos. peut-estre cette-cy vous fdra donner les mains. cum altercaretur Michael aim Diabolo de corpore Moysis non fuit ausus maledicere Cap. fraud^sque. au contraire la vertu estoit abaissde. veu qu'on lit dans I'Epistre de S. qui enuoye pour punir les hommes et chastier peches. In quorum subiere locum. et reduite en tel estat qu'elle ne treuuoit aucune demeure parmy les Hommes. Instduzqiu. Omne nrfas.

la /. qui dit qui si quelqu'vn s'accuse d'auoir . afin qu'il n'offence personne et pour faire voir combien cdt Axiome est vray. cette proposition est confirmee par la glose in cap. h quoy on conclud. oil il est dit qu'on ne peut pas punir vn furieux et insensd du crime qu'il a commis pendant sa fureur. Videtur fiUe. Mais on tasche d'empescher qu'ils n'en commettent par cy-apres. 1. sensu enim carens non subjicitur 5. i. qu'ayant espouse telle fiUe. et remiss. et on refuse d'accomplir le Mariage. ainsi que dit le Chapi- tre cum mulier ff. ne sont sommis k aucunes Loix. parce qu'il ne scait ce qu'il fait. car on ne dispute pas de la punition d'vn delict commis. Replique des Habitans Le ils principal motif qu'on a rapporte pour la defFense de ces animaux. ie me sers de I'authorite du Chapitre omnis vtriusque sexus de poenitent. off. et doiuent estre mis hors de Cour et de Proces. est qu'estans priues de I'vsage de la raison. on pourra deMariage se consume. q. ou il est dit qu'on peut deceller ce qu'on a pris si on ne la pas execute.Appendix 297 Par les quelles raisons on voit. de sponsal. toutesfois on le pourra renfermer et mettre dans des prisons. rigori Juris Ciuilis. La raison est. afin celler ce qui a este que le esse delictum successiuum. et durare vsque illam II acceperit. on fera voir que telles Loys ne peuuet militer au fait qui se prdsente maintenant k juger. et permis afin d'empescher ne crimen committatur. tua nos ext. et partant ce qui ne seroit loisible k vn crime commis. vt ergo tali delicto obuietur. de congruit in fin. Toutesfois. afin d'y rapporter du remede. que ces animaux sont en nous absolutoires. si on nie de I'auoir fait. et la Loix Praesid. este loisible de publier ce . Cecy ce preuue par la Ley congruit sus citd. suiuante. Fiance une par parolles de present dit.

Nonne vides hominem. a sgauoir de I'Homme. Maitresse de tout I'Vnivers. ac sublimia finxerit ora. ccelumque tueri lussit. et que I'ad- joumement est valable. et estant conduite par le S. videtur cuncta alia genuisse natura. cela il semble que se serait doubter de la puissance que Dieu a donne a I'Eglise. tels animaux. d'autant qu'il est fait afin qu'ils ne rapportent du dommage d'ores en auant. de vsur. ones. et s'il y a chose ou elle doiue monstrer son pouuoir. et similitudinem nostram et luy a donne le Gouuemement de toutes les choses crees crescite et multiplicatnini et dominamini piscibus maris. passuri strauisset in aluum. Cum pecudes. et erectos ad sidera tollere vultus. ne fait rien que sagement. auec le Psalmiste. Anathematises. c'est k la Conservation du plus parfait ouurage de son Espoux .298 Appendix qu'on a pris secretement Estant vray pax les raisons deduites qu'on a peu adjoumer. Aussi Pline en son Liure premier de I'Histoire naturelle dit quod causa hominis. non pas pour les chastier de celuy qu'ils ont fait II reste maintenant de respondre k ce qu'on a aduanc^ a sgauoir que tels animaux ne peuuent estre Excommunids. et omtiibus animatttibus Coeli . Pronaque. partus ancillarum. omnia subiecisti sub pedibus ejus. Segnem. cum spictent animalia cccetera terras Os homini sublime dedit. volatilibus cceli. pecudum. et Guide descriuant I'excellence de I'Homme parle de la sorte. qu'il a fait a son Image et sQxnhXance. atque obsccenam. Les Jurisconsultes sont d'accord. omnes fructus a natura comparati sunt. diuis. de rer. faciamus hominem. . et vn autre Poete. I'ayant fait . ad imaginem. Esprit. quod hominis gratia. et §. comme sa chere Espouse. maudis ny execres h. ff. formasqiu ferarum. de qui on peut dire. volucrunique genus. instit. et boues et omnia qua mouentur in aquis. vt Celsos ad sidera vultus Sustulerit Deus. I.

quo fit. sed diuersimodh. hinc Terra. si j'ose dire hors celuy pour qui la terre produit tous ces priud. per verissimatn proprietatem naturoe sues. qui des animaux apportans du suffira d'en rapporter vn pour nous est cogneu. quo nos videmus. et k I'exclusion que de chetifs animaux. en vne de ses Oraison parlant de grandeur de THomme esse. in creata crasso hoc. voit par des exemples infinis que quantite de saints Person- ont Excommunie dommage aux Hommes. hominis corpore. Picus Mirandulanus. sint conditione. homo verb. vt in Deo sint omnia meliore nota. on ne les considere pas.Appendix la 299 tantce excellenitae. loisible Et pour responce \ ce qu'escrit S. hinc etenim nulla substantia seruire dedignatur. hinc militat ccelum. que nous voyons . in homine inferiora nobiliort £)eus. vti omnium medium principium. superiora aqua et terra autem degenerent sicut aer. comme animaux simplement mais comme apportans du mal aux Hommes. Mais a quoy. Angelicas mentes. et terreno. on dit qu'en I'espece qu'on traitte. II tout. in se omnia continet. qudm in seipsis. et Elementa. si on les considere en eux mesmes. ignis. que fruits. hinc salutem bonumque procurant de raison. mangeans et ddtruisans les fruits qui seruent k son soutient. prissent leur norriturCj de rHomme pour qui ils sont destines de Dieu. C'est sur ce sujet qu'il dit Increpabo pro ie locustas dummodo posueris de fructibus tuis in horrea mea. famulantur. huic bruta praesto sunt. vti Deus enim omnia in se continet. et familier. en fut Et se seroit vne chose. dit hominem ac sublimitatis vt in se omnia continere dicatur. vti omnium medium. et : nourriture. Thomas qu'il n'est de maudire tels animaux. nous arrestons-nous depuis qu'on nages.

2. estant d'Excommunivn foudre qui est si . le le lieu. ainsi qu'on pourra voir au Leuitic. car il ne faut pas cation a la volde. Conclusion du Procureur Episcopal Les defenses rapportdes par I'Aduocat de ces animaux. et la prier de diuertir. et choses inanimees. que si quelqu'vn est pique hors de ce lieu par les mesmes Serpens. lors q'on voit que Dieu leue sa main pour nous frapper. a cause de nos fautes et peches . A cela on respond que ce n'est pas s'ens prendre a Dieu que de recourir a I'Eglise. maudit le Serpent Maledictus inter omnia tels animantia. la piqueure sera venimeuse : et mortelle ainsi qu'on a veu par plusieurs fois. qui y estaient en quantitd a cause des bains chauds de vn grand dommage aux Habitans de ce lieu par leur piqueures. et confins venin de ces bestes estant arrest^. qui a enuoye pour le chastiment des hommes. et d'Alun. De dire. centre les Conclusions prises par qui les Habitans sont considerables meritent qu'on les examine meureietter le carreau ment. et bestias Terrce. Genes. Hugon Euesque de Grenoble Excommuniat souffre. au contraire c'est vn acte de Religion que de recourir k elle. a Dieu. le laisse a part quantite de passages de I'Escripture par lesquels on voit que Dieu a donn^ des maledictions aux Ch. 26. qui faisaient les serpens. par le moyen de telle Excommunication. et chasser le mal. 27. s'est qu'excommuniant. et Creatures sans raison. il Deut/ieronome es. ou S.300 Appendix ville continuellement. quelqu'vn dans Telle piqueure ne fait aucun mal. s'en prendre Anathematisant les animaux. qu'il a pleu a sa Diuine Majestd de nous enuoyer. De sorte que maintenant si bien les Serpens piquent. et sans sujet. k s9auoir dans la d'Aix.

Coelo vitae pane qui Christus est satiaberis. agnoscend. jette. et qui distribue les peines a I'egal des offences. . illic liberaberis ab illo frigore. Gierosme dit non memini me legisse mala 7norte mortuum. Ambrojse parlant de ceux qui donnent I'aumone aux pauures. et refuse les alimens a ceux qui en ont besoin. sans auoir dgard a personne. hie peregrinis domus tua hie patuit. c. De dire pourquoy il n enuoyd ces animaux. de qui les jugemens nous sont incognus. qui mangent les fruits de la terre Ce nous sont lettres closes . que qui fait aux pauures la sourde oreille. in trementia domo Angelorum. et impossibile est. aussi S. repute pour homicide celuy qui denie. inuestigabiles vice vne Mer profonde d'ont on ne peut ddcouurir le fonds. gui tussu tudicts aliguid facit. qui ne laisse rien d'impuny.Appendix agissant. peut estre veut-il punir ce Peuple. Ciuis efficieris tu membra destijsti. Le discours de c6t Aduocat est appuye sur la regie de Droict. quam abscondita indicia Dei. et stridor dentium. pour auoir fait la sourde oreille aux pauures qui demandoient a leurs portes. Ceux qui donnent I'aumosne sont totljours sous la protection Diuine. et S. in quo eritfletus. estant vn Arrest infaillible. habet enim multos intercessores. multorum preces non exaudiri. et vitct viuet . fregisti esurienti panem tuum. parlant de la recompense. attende de Dieu la pareille. et le Prophete Ezechiel. operuerit vestimento. ejus. pascendb seruare poteras. que Dieu a destinee a ceux qui font du bien aux pauures. si non pauisti necasti. qui dit. qui C'est : panem suum esurienti dederit et nudum Justus est. p(znam non meretur^ et vrayement c'est le luge des luges. Lesquelles paroles Eusebe in expliche de la sorte. 18. il 301 le que s'il ne frappe celuy contre lequel on embrase celuy qui le lance. de mesmes la Loy de lib. qui libenter opera charitatis exercuit.

et dedistis mihi bibere . 2. et deprimitiis omnium horrea et implebiinticr tua saturitate et vino torcularia tua redundabunt. off. operi eum. hoc maximum Misericordice. L'ordinaire recompence qui suit I'aumosne est le centuple. 25. cum videris Jiudum. et vicissitudinem inthiens Chap. venite Benedicii patris mei. la sorte. vagosque indue in domum tuam. tuum et egenos. Angelis hospitio receptis. pour donner. ne forte cui clauseris. et dedistis mihi manducare . mihi Misericorde d'auuoir C'est vne oeuure de compassion de son prochain.302 C'est Appendix frange esurienti panem vn acte de Charitd. esuriui enim. possidete paratum vobis regnum a constitutione mundi . suam de reddet. vt compatiamur alienis calamitatibus necessitates aliorum. fecistis. que d'assister le pauures. honora Dominutn de tua substantia. 38. et operuistis me. et plus interdutn quam possumus I'Hospitalitd est recommandee par S. Paul aux Corprcestabit. aussi la recompense est asseuree. 28. tractantur . dit losue c. parle qui admifiistrat semen seminanti. Les abismes de et le la Diuinite ne s'dpuisent jamais. miseretur pauperi. et S. nudus eram. Mathieu cap. ainsi qu'escrit S. 2. amen dico vobis quod vni fecistis ex fratribus meis minimis. ou sans aucun ^gard k la presence de Dieu. hospes eram et Collegistis me . per hanc enim placuerunt quidam. faneraiur Domino qui S. sage Salomon. et multiplicabit et panem ad manducandum semen suum. Paul hospitalitatem nolite obliuisci. sitiui. cap. et carnem tuam ne despexeri. Seroit-ce point a cause des irreuerences qu'on commet aux Eglises pendant le service Diuin. conduntur stupra. fj^ctuorum tuorum de pauperibus. quantum possu?nus iuvemus. domum cui humanitatem negaueris ipse sit Christus. Augustin disce Christiane sine discretione exhibere hospitalitatem. Ambroise lib. ainsi que dit S.

dit S. 303 adulteria meditantur. lais- sant toute autre ceuvre pour estre attentif au Culte. qui ne laisse rien impuni toutesfois la Justice ne tient pas si fort le haut bout. pendant le S. et d'actions enuers les Dieux. la feuille a la langue. qu'on entendit parmy les Rues aucun bruit. quel autres Offices Diuins. deuoient penser saintement honestement. souuent oil se donne le mot. ne voulant pas mesme pendant le Seruice. Sacrifice de la Messe et du vray Dieu . Sur tous les arbres et plantes. n'y treuue place. oil se lancent les meschantes oeilliades. Augustin. et auons la conoissance respect ne luy deuons-nous pas porter dans les Eglises. il y auoit des Sergens qui crioent au Peuple que Ton se tue. Que itds. Pompilius ne volut pas qu'on assistat au culte : Mais qu'en quittant toutes on y employat entierement sa pensde. et sombrement Numa choses.: Appendix lenocinia. comme au principal acte de la Religion. Impudicus oculus. que la misericorde. frequentiiis deniqui . le peche ^tait consacre a Harpocrates qui prenait soin du fruit langage qu'on deuait tenir aux Dieux. pour parler auec TertuUien . allaient aux Temples. ou se prennent les assigna- tions. II est autant Misericordieux que luste. impudici cordis est nuncius. Mais si bien Dieu est luste iusticier. parce que le du peche ressemble au coeur. si les Payens ont este si exats en leur fausse Religion au Culte de leurs Idoles. et lors que les Diuin par maniere d'aquit Prestres faisoient le Sacrifices et ceremonies. et s'il enuoit quelques aduersites aux pecheurs et les visite par quelque coup de fouet . in car c'est la bien (zdituoruni cellulis qiibd in ipsis lupanaribus flagrans libido defungitur. qui estaient en ^gypte. et inferant de la que ceux qui parler. et imaginaires Diuin- nous qui sommes Chrestiens.

Za habitantium loci. et adhuc et quasi loci. les Penitences. et Oraisons. visa supplicatione pro parte nobis officiali in iudicio facta. et iuste ils C'est pour les aduertir de faire penitence. et par ce moyen. Concluans a c6t effect. vel fructus vinearum alia non eiusdem vt fide asseritur. et remediis Ecclesi- asticis mediantibus compellantur. estans menaces d'vne famine insuportable vous ne prends leur droit. et cause en protection. et pechds. per nos . le pass^. a visisque diligenter. se puissent reconcilier luy.304 de laquelle auec ils Appendix moyen puissent ddtoumer son courroux. et faire ddoger ces animaux. vt praedicta animalia per nos moneantur. aduersus dissimilia animalia Bronchos. seu Erucas. Nous voyons ces habitans la qui demandent pardon d'vn cceur contrit de ayans horreur des crimes commis par employent I'assistance leurs fautes. afin que d'ores en auant ils n'apportent du dommage aux fruits de la terre enjoignans aux Habitans. k quoy nous n'empeschons. per Conciliari eosdem. inspectis causis praedictae supplicationis. Rumore cum maximo incolarum vicinorum locorum incommodo depopulantia. Sentence du luge cPEgltse In nomine Domini amen. et obtenir ses graces. par le vengeance. qui les menagent d'vne ruine totale. territorio dicti loci abire. hoc praesenti anno. et de I'Eglise leurs ndcessitds. qu'il plaise de rendre vostre Sentence d'execution contre ces animaux. seu s animalium. publico et dignorum Testimonio. et pardon de leurs fautes larme a I'oeil. a ce conuenables et accoustumees. dictarum Erucarum. necnon pro certos parte. loci k certis annis. et de'tourner le pour les soulager en Carreau qui leur pend si sur la teste.

et animalia hac parte. solemniter supplicationum ex nostra ordinatione. nisi ac visa certa informatione. edicto spectaculo. Ipsis sex diebus elapsis. iam dicta animalia. attenta diuina ope succurri existimatur praedictorum habitantium. si nee alibi documentum. praedicta quocunque his scriptis. posse iam dicti loci. nisi illato. Petri Authoritateque Beatorum necnon ea qua fungimur in et Erucas. monemus in sub poenis Maledictionis. Filij. eiusmodi damno. et et virtute Dei. quod infra praedictos dies. de danmo Quoniam. Notarium. et Spiritus sancti. ac Anathematia Monitione in vim sententiae sationis. Non tamen praedictus. in re efflagitata quamquam vestigiis noua. et territoriis huius loci discedant. ac pietate confidentes. Maiorum pro tribunali. nomine censeantur. propositis et allegatis. a vineis. ac frequenti. Apostolorum. auxilium seu etiam solatium quale- cunque denegare non debet. ilia in his scriptis 20 . Patris. huic nostrae admonitioni non paruerint. huius. humili. in his scriptis Misericordia. nostram sententiam ferimus. modo quae In nomine. virtute et auctoritate praefatis. peccatores prompta exad se cum Ecclesia humilitate reuertentes non respuit. Omnipotentis. Beatissimae Domini nostri Jesu Christi Genetricis Mariae. hibitione. per certum dictae Curiae. ac Deum prae oculis habentes. vt infra sex dies. in eius sequitur. nullum vlterius ibidem.Appendix deputatos. ita ipsius eisdem recurrentibus. 305 audito etiam super et praemissis promotore. praestitura. et importuna requisitione praesertim magnae nuper pristinae vitae errata emendandi per eosdem factarum habitantes. sedentes. per animalia ordinatione nostra. in vineis. et Pauli. tarn fortiter inhaerendo. praedictos Bronchos. cum effectu. et sicut Misericordia Dei. de peritorum consilio.

iugiter incommodi liberationem. omnium bonorum tanti largitore. blasphemiis. quatenus bonis operibus.3o6 Anathematizamus. ac deuotis supplicationibus. Ordinantes tamen. ab Omnipotente Deo. caetero suas decimas. praesertim publicis sedul6 abstineant. sine fraude secundum loci approbatam con- suetudinem persoluant. aut conditionis existant. et malorum depulsore. ordinis. de et valeant promereri. et praedictis praecipientes. habitantibus. attendentes. aliis peccatis. cuiusvt cumque facilius grades. . districte et Appendix maledicimus.

wenn diese schadliche Tiere nit weggeschaft werden. uf dass sie sich erhalten mogen es soil ihnen auch bei solchem Abzug ein frei sicher Geleit vor iren Feinden erteilt. dass diese schadliche Tiere ihnen grossen merklichen Schaden tun. Im Fall aber ein Urtel erging. und diese Antwort geben sein Procurey ins Recht gelegt er hab diese wider : die Tierlein verstanden . darum aufzulegen Hoffnung stehe. dass sie allda in gewisser Gewohr und Nutzen : sitzen. man werde ihnen auf heutigen Tage die Nutz und Gewohr mit keinem Urtel nehmen oder aberkennen. ANTWORT und Darauf Grienebner eingedingt. replication. KLAG Schwarz Mining hat seinKlaggesetzt wider die Lutmause in der Gestalt. so sey er doch in Hoffnung. and judgment in the process against field-mice at Stelvio in 15 19. es sey aber manniglich bewusst.Appendix 307 Allegation. weil sie solcher Gestalten sich nit wussten zu ernehren. so wurde auch erfolgen. es seyn Hund sei Derentwegen er in : . dass ihnen ein anders Ort und Statt geben soil werden. dass sie ire Jarszinse der Grundherrschaft nit nur geben konnten und verursacht wurden hinweg zu ziehen. dass sie darum weichen miissten.

und uf und AUes was fiir Recht kommen. sollen in 14 Tagen wandern. wenn aine schwanger ware. oder jugendhalber nit hinkommen mochte. dass die schadlichen Tierlein. 1845. 239-40. so man nennt die Lutmause. Red und Widerred. URTEL eingelegte Kundschaften Auf Klag und Antwort. denen von Stilfs Acker und Wiesmader nach Laut der Klag in vierzehn Tagen raumen soUen. dass derselben Ziel und Tag geben werde. dass ir Frucht fiirbringen und alsdann auch damit abziehen moge. frey sicheres Geleit Vide Hormayr's Geschichte. aber die so ziehen mogen.3o8 Appendix : Katzen oder andre ihre Feind er sey auch in Hoffnung. wo aber ains oder mehr der Tierlein schwanger war. dieselben sollen der Zeit von jedermann ain haben 14 Tage lang. . da hinweg ziehen und zu ewigen in Zeiten dahin nimmer mehr kommen sollen . pp. Taschenbuch fur die vaterldndische Berlin. ist mit Urtel und Recht erkennt.

Appendix 309 D Admonition. denunciation. vnvollkommne Creatur/ mit namdarumb vnvollkommen/ dann deines geschlechts ist nit geseyn in der Arch Noe/ in der Zeit der vergifftung vnd plag des Wassergusses. nachsten tagen zeweichen/ all vnd jegliche vnverniinfftige/ Du men Inger/ vnd nenne dich besonders/ auss alien Matten/ Ackeren/ Garten/ Feldern/ Weiden/ Baumen/ Kriiteren/ vnd von alien orteren/ an denen wachsend vnd entspringend nahrungen der Menschen vnd der Thieren/vndan dieort vnd statteuch fiigend/ dass ihr mit ewerem anhang nimmer kein schaden voUbringen mogen an den fruchten vnd nahrungen der Menschen . Vnd von des nun/ somlicher und dergleichen/ durch euch vnd euweren anhang nit mehr beshach/ so hat mir mein gnadiger Herr vnd Bischoff zu Losann gebotten in seinem nammen/euch zeermannen/ zeweichen vnd abzestahn. Nun hast du mit deinem anhang grossen schaden gethan im Erdtrich vnd auif dem Erdtrich ein mercklichen abbruch zeitlicher nahrung der Menschen vnd vnvemiifftigen thiere. Vnd also von seiner Gnaden gebotts wegen vnd auch in seinem nammen als obstaht/ vnd bey krafft der heiligen hochgelobten Dreyfaltigkeit/ vnd durch krafft vnd verdienen des Menschen-geschlechts Erlosers/ vnsers behalters Jesu Christi/ vnd bey krafft vnd gehorsamkeit der heiligen Kirchen gebieten vnd ermannen ich euch in 6. and citation of the inger by the priest Bemhard Schmid in the name and by the authority of the Bishop of Lausanne in 1478.

library. on the authority of is Schilling's Chronica. der hochen heiligen Dreyfaltigkeit zu lob vnd ehr anzeriiffen/ vnd zebitten ihr gnad vnd hilif zesenden/ damit die Inger vertriben werdind. Lieben Kind/ ich begaren von ewerem jeglichen zu batten mit andacht aufiF ewerem knyen 3 Paternoster vnd Ave Maria. Historia ecclesiastica novi pp. 317 — 321.31(3 Appendix offentlich. Job. vnd Thieren/ heimlich noch Were aber sach/ dass ihr dieser ermannungen vnd gebott nit nachgiengend/ Oder nachfolgeten/ vnd meinten vrsach haben/ das zeerfiillen/ so nit ermannen ich euch alsvor/ vnd laden vnd citieren euch bey krafft vnd gehorsamkeit der heiligen Kirchen am 6. tag nach diser execution/ so es eins schlecht/ nach mitten tag/ gen Wifflispurg/ euch zu verantworten/ oder durch eweren Fiirsprechen antwort zu geben/ vor meinem gnadigen Herren von Losann/ oder seinem Vicario vnd statthaltern/ vnd wird drauflF mein gnadiger Herr von Losann oder sein statthalter fiirer/ nach ordnungen des rechten/ wider euch/ mit verfliichen vnd beschweerungen/ handeln/ alss sich dann in solchem gebiirt/ nach form vnd gestalt des rechten. the manuscript of which in the Zurich . Heinrich Hottinger: testamenti iv.

in wissen. Unser commending — lieber andachtiger Hr. Duke of Saxony and Elector. Daniel Greysser. und manniglich preis gegeben. so sie unter der Predigt. dessen wirst du dich als der damals ohne Zweifel aus Anregung des heiligen Geistes im Tempel zur Predigt gewesen. Ursachen und christlichem Eifer. so er an alle Zuhorer insgemein getan. zu tun und den Bann getan. guter massen zu erinnern behegen pflegen. ohne das allbereit auf Wege gedacht haben . issued at Dresden in 1559. dass ihnen ihrem Verdienst nach gelohnt werden moge nach weiland des Herrn Martini seligen Urtheil ist demnach durch mancherlei visirliche — — .1 Appendix 3 1 Decree of Augustus. Von Gottes Gnaden Augustus. der wiirdige. auch deine Nahrung unter andern damit zu suchen und dasselbe zu fahen pflegest. dass du dem kleinen Gevogel andem und listige Wege und Griffe nachzustellen. the action of Parson Greysser in putting the sparrows under ban. welchergestalt und aus was Kurfiirst. zu Verhin- terung Gottes Worts und christlicher Andact. Pfarrherr allhier in seiner nachst heftig getanen Predigt. Herzog zu Sachsen und Lieber Getsener. iiber die Sperlinge etwas bewegt gewesen und dieselbe wegen ihres unauf- horlichen verdriesslichen grossen Geschreis und arger- lichen Unkeuschheit. Wiewohl Wir uns nun vorsehen. du werdest. sintemal Wir diesen Bericht vor erlangt. auf gedachten Herrn Daniels Vermahnen und Bitten.

und sich durch ihre tagliche wann sie und unaufhorliche Unkeuschheit unzahlich vermehren. Februar 1559. Unserm Secretario und lieben getreuen Thomas Nebeln. Das gereicht zur Beforderung guter Kirchenzucht und geschieht daran unsere gnadige Meinung. wie und welcherfiir auch durch was Behandigkeit und Wege. — K/^5 Hormayr's Taschenbuch^etc. den. ohne sonderliche Kosten aus der Kirche zum heiligen Kreuz gebracht. 1845. i8.312 Appendix' unser gnadiges Begehren gestalt — zu eroffnen. verkiimmert werden moge. . . Datum Dresden. . dass die Sperlinge eher dann. du gut ansehest. pp. 227-8. jungen. und solche argerliche Voglerei und hinterlicher Getzschirpe und Geschrei im Hause Gottes. .

SS. Note. Muratori Rer. and the expulsion of venomous reptiles from the islam Reichenau in 728 by Saint Perminius. i. niissc. Bernhardi. : Foigny near Laon xiN\p. viii. 272 few early instances of excommunication and malediction. 58. Acta. p. 1121 Horseflies Mayence Nd Au{. for exaiiple. . iv. p. 415. Me- and Caterpillars moxes de la Soci^te Rojale des Antiquaires de France. iv.. Mdmoires. as the cursing and burning of storks at Avignon by St. our knoTledge of which is derived chiefly from hagiologies and other legeidary sources. ejus. Agriola in 666. such. p. iii 886 Locusts Roman Campagna Aix-les-Bains Gaspard Bailly Traitd des Monitoires Sainte-Foix vres. viii.482.^ Sources of Information Dates Animals Places Annales Ecclesiastici 824 Moles Valley of Francorum : Aosta Ital. Saiptores. ^ !\. Serpents Oeu- 1120 Field-mice Laon p. are not included in the present list.: Appendi)^ 313 Chronological List of Excommunications and Prosecutions of Animals from the Ninth to the Nineteenth Century. cit. Viti S. : 9th cent. 97. 427 1121 Flies Theophile Raynaui De Monitoriis in Opusc.

p. 552 . 544 also Germania. 107. Sainte-Foix vres Themis. Von Amira. 1356 Pig Caen classe agricole. 314 Sources of Information Appe adix Dates Animals Places Malleolus orcismis : De Ex- 1225 Eels Lausanne Hist. p. 1266 Pig Fontenay-auxRoses near Paris 400. ix. iv.. Von Amira. p.. p. p. 427 cit. : Oeu- 1314 Bull Moiey-le- viii Temple >i » >i 1320 Cockchafers Avignon Carpentier to Du 1322 Not specified Cange. Mdmoires. L'Abbd Leboeuf: de Paris. 552 fiir Zeitschrift deutsche 1338 Kaltern Kultur- geschichte. S61 Delisle la : condition Etudes sur de la p. viii. ii. 383. p. p. vide Homicida »» »> » 1323 Abbeville Both cited by Von Amira.

ii. Also statisi.Appendix Sources of Information %H Places Dates Animals Carpentier to Du 1378 Abbeville Cange. les-Jussey Rest of the two herds pardoned Dec.Prix cit. p. : Annu- 1389 Horse Dijon C6te-d'0r Berriat - Saint. viii. pp. From the archives of Cote-d'Or Charange: Diet.. viii. viii. 1394 Pig Mortaing in Menoires. 1866. in la Bfcliotheque du Roi Malleolus De ExTract. 1386 Sow Falaise Originaux. 476.. Mdmoires. . 63. p. Three sows Saint-Marcel and a pig. 411 cit. cida. tique de Falaise. Vide Von homiAmira. Spanish flies Mayence orcismis. ii. 552 Gamier Revue des : 1379 Societes sqq. 72. cit. Savantes. 427 Auranton aire de la p. p. des Titles p. Mdmoires.. 427. From MSS. p. : 14th cent.

p. viii. io8 aire Auranton Annude la C6te-d'0r : 1404 Pig Rouvre MS. of Judge Herpublished by p. Bibliotheque du Roi Memoires. p. De ExMdmoires. cit. viii.. viii. 1403 Sow Meulan Lejeune in Memoires. cit.3i6 Sources of Information Appendix Dates Animals Places MS. viii. 427 1408 Pig Pont-deI'Arche MS. 1405 Ox Gisors p. cit. Loriol : La 433 also France .. isson. 428 : Louandre Histoire d'Abbeville 1414 Abbeville 1418 aire Auranton Annude la Cote-d'Or : 1419 Labergementle-Duc 1420 1435 Malleolus orcismis.. cit. Bibliotheque du Roi Memoires. Brochon Trocheres p. 423 : 1451 Rats and Bloodsuckers Berne . Eure et Loire.

I. viii. p. Dec. cit. Journal du Department du Nord. .. Me428 1470 moires. 1457 Sow Savigny-sur- From pp. 1866 cows and one goat 1456 Pig The' mis. 428..1460-I Weevils Dijon et A. cit. 1452 Sixteen Rouvre 476 sqq. Memoires. etc. 441-445.. A toire Duboys de Paris : His- Mare Amiens Promenades pittor- 1474 Cock Bale esques dans I'Evech^ de Bale. 1466 Sow Corbeil p. Nov. cit. p. iv. 181 3. Bour- gogne Re. : Etang. 387. iii.: Appendix Sources of Information 317 Places Dates Animals Garnier: Revue des Societes Savantes. p. p. Duboys Justice Bourreau a Amiens : 1463 Two pigs Amiens Sauval: Histoire de Paris. Gui-Pape Decisiones i. viii. Johann Gross Kleine Baseler Chronik. Archives of Monjeu and Dependencies Desnoyers cherches. 196 : Bourgogne Mdmoires. viii.

p. viii. 317-321 Inger (sort of weevil) Berne cles. Louandre d'Abbeville : Hist. 1487 Snails Macon » >i » 1488 1488 1490 » Weevils Pig Autun Beaujeu Abbeville i> » jt Louandre d'Abbeville ' This case that of 1478. Mdmoires. pp.). p. 1479 Rats and Nimes Moles 428. cit. 56 : 1481 Caterpillars Macon Victor Hugo: Notre 1482 Goat Paris Dame de Paris : Chasseneus ConM^moires. 1479 Pig Abbeville silia Chasseneus Convon Amira. 416 silia. Pars iv. Ruchat Hist. cit. Ecdu Pays de Vaud : 1479 1 Inger >» Hist. Eccles. p. de Nismes. is probably identical with and an adjournment of . Hottinger: Hist.1 3'8 Sources of Information Appendix Dates Animals Places Schilling Chronica : 1478 (Zurich MS. : Hist. viii.

. sub verb. Animaux 1499 Bull Voyage Littdraire de deux B^nddictins (Durand et Martenne). 17 1 7.. viii. cit. 446 Saint-Edme de la : Diet. viii. viii. res. 166-7 Archives de I'Abbaye de Josaphat. p. Beauvais 1499 Pig Seves near Chartres 434-5 Mdmoires. ii. : Con- 1500 Snails Lyon . p. 88.. 1497 Sow Charonne Penality. cit. Sow Dunois 434 : Malleolus orcismis De Ex- )> Caterpillars Coire >> 5> » >> >> Worms Beetles Flies Constance Coire >> >> »» Louandre L'^pop^e des Animaux : 1500 Mayence Chasseneus silia. Memoires. ISth cent. Pcit.A-ppendix Sources of Information 319 Places Dates Animals Annuaire de I'Aisne i8i2. 1494 Pig Clermont-les- Memoip.p. Moncornet near Laon 428.

. 151213 Rats and Insects Langres 188 Grosl^e: Ephdrnd- rides. 1516 Locusts Treguier hist sur le Litoral des C6tes-du-Nord. etc. 447 : Hist. des ^ Mathieu Eveques de Langres.320 Sources of Information Appendix Dates Animals Places Chasseneus silia : Con- 1500. p.Vermin 1530 (Rats. viii. Raynaud: Theophile accordOpusc.some 1665. cit. de la 1512 » Arcenaux Cote-d'Or. p. 675-677 de la Annuaire Cote-d'Or 1510 Pig Dijon Annuaire cit. Mdmoires. 1516 (1506 Weevils Troyes in Champagne 168. ii. et Docupar la Suisse 1509 Vermin Lausaime publ. PP- vii. 424 ities) Habasque : Not p. 418. p. 482. viii. Soc. Glums (Stelvio) pp. xii. : 89 1ST9 Field-mice Scheible Das Kloster. Cf.) Autun Mdmoires ments. 946-48 . de la Romande. moires. 1811. No. p. 97. p. 153. author413. ing to Md.

From Grenier Documents relatifs a I'hist. Chasseneus : Diet.itch Meaux secret manuscrit Annuaire Cote-d'Or de la 1540 Pig Dijon Lerouge : Registre 1541 She-Ass Loudun secret manuscrit Bailly Traite des Monitoires. mis. 21 . Cf. viii 1525 Dog Parliament of Toulouse Papon and Boesius: Decisiones. : Lake Leman) Lerouge : Registre 1540 E. ii : 1541 G rassho ppers Lombardy ^ Identical with the sentences covering the period of 1 500-1530. 1522I Rats Autun Vernet in Themis ou Bibliotheque des Jurisconsulte.Appendix Sources of Information 321 Places Dates Animals Saint-Edme de la Penalite. 505. p. viii Cf. du pays de Vaud. 1528 Not specified Parliament of Thd- Bordeaux J) 11 J) 1528 1536 >) »» >j Menebrea : Juge- W eevils Lutry (on ments rendus centre les Animaux.

724. 429 . p. Scindicorum com. cit. 1554 Bloodsuckers 1602. Dulaure Paris. 28. etc. Lausanne bloodsuckers) Berriat-Saint-Prix in ^543 Snails and Grenoble Themis. : Hist. viii. 545. 544. 556. rats. pp. De lib. viii. p. ments rendus contre les Animaux. cit.. vii. Cf.322 Sources of Information Appendix Dates Animals Places Malleolus orcismis : De Ex- 1541 Vermin (worms. p. and 1546 Jean de Maurienne De Actis St. 429 Lerouge : Registre 1550 >> >j j> secret manuscrit >> >i » » : 1551 Goat He de Rhd Beaug^ Lausanne j> >j 1554 Sheep (ewe) Aldrovande Insectis. i. iii. Memoires. Me'moires. de la 1546 Cow Parliament of Paris p. Regis- tres manuscrits de Tournelle. Jul. 196 Juge- Locusts M^nebr^a : 1545 Weevils St..

143. Epir. Papon Decisiones. Thdmis.. p. cited in 1554 Insects Langres Revue des questions historiques. Par. Mdmoires. v.. i.Ass secret manuscrit Loigny near Chateaudun >j jj >> 1561 Cow Weevils Augoudessus in Picardy Lessona : I Nemici 1562 Argenteuil del Vino.: Appendix Sources of Infonnation 323 Places Dates Animals Desnoyer. 567 Lerouge Registre 1556 She-Ass Sens secret manuscrit Lecoq Ville tin.Ass . : p. Sorel Proces contre des animaux. 278. p. cit. Pape Quaest. de la de Saint-Quin: 1557 Pig Saint-Quintin p. etc. p. 196. for May 8 Ranchin on Gui.. 429 : 1565 Mule Montpellier p. Themis. 74. Hist. viii. Von Armira. 9 Lerouge : Registre 1560 She. viii 1565 Not specified Parliament of Toulouse Parliament of Paris Louandre: L'Epopde des Animaux 1566 She. Regist.

vii 183s. 1572 Pig MoyenMontier. schrift fiir 1576 Pig Schweinfurt in Zeit- deutsche i. 196 . viii Haus-Chronik von Schweinfurt. p.Ass : Decisiones Parliament of Paris Thdmis. : Hist. p. p. Cf. Derheims Saint-Omer.324 Sources of Information Appendix Dates Animals Places MSS. Paris of Biblio- 1567 Sow Senlis theque Nationale of Lionnois : Hist. 552 Brillon the-Main 1575 She. 374 Lersner Chronica. de ii. p. p. 156 Cannaert Bydragen tot de Kennis van het oude straf: 1578 Pig(?) Ghent recht in Vlandern. i. de 1585 Pig Saint-Omer 327 Chorier: Hist. Kulturgeschichte. du Locusts Valence Dauphind. 1811. : Nancy 1574 Frankfort-on- 1706. near Nancy. Thdmis.

cit.6moires. 482 . 1602. pp. p. p. 415 : >> Snails Lyons silia. (first hoppers half) Chasseneus ConMemoires. 546. 429 1 6th Weevils and Grass- Cotentin cent. 812.. etc. viii. Ray419. viii. : second half jj Rats Spain Th^oph. M. cit. p. de cent. cit. ii. viii. Mdmoires.Appendix Sources of Information 325 Places Dates 1 Animals Menebr^a Jugements rendus contre : 1587 Weevils St. p. p. 482. du la 1 6th Weevils Angers Crim.. 549 Fornery and Laincel 1596 Dolphins Marseilles Th^ophile Raynaud: De Monitoriis. p. cit. naud. Jean-de- Maurienne les animaux. France Azpilcueta Martinus Doctor Navarrus Consilia seu Responsa. » >> >> » 5> >> Weevils Pig Mdcon Dijon Scotland >> j> I-ouandre L'Epop6e des Animaux : j> Dog Duboys Droit : Hist...

68. s. 1890.v. 141 Papon Decisiones. mals 125 half Archives of Ob- " Gadflies Aargau walden Leonardo Vairo » Locusts Naples De Fascino. : L'uomo Cited by >» Horse Portugal D'Addosio Mornacius to Du Cange. dosio. p. Homicida 1600 Beauvais Lerouge : Registre >) Cow Thouars secret manuscrit )i >> » I » >i Abbeville Vercelli Lessona : Nemici jj Weevils del Vino. 115.. Thdmisjviii. Lerouge: : 1601 Dog Brie Reg. Cf. p. cit.: : 326 Sources of Information A-ppendix Dates Animals Places Francesco Decisiones.. Vivio i6th Divers ani. secret manuscrit Lerouge : Registre » Mare Provins secret manuscrit . Sardagna e le Bestie. D'Adp.Aquila in Italy No. cent Cited by D'Addosio second Bestie Delinq.

334 . 5> Bitch Chartres 418 : Lerouge Registre 1607 Mare secret manuscrit Boursant near d'Epernay )j )) >) 1609 51 J) Montmorency Niederrad Parliament of Paris >> j> )> >> Voltaire : Louis XIV. cit.Appendix Sources of Information Z'2'7 Dates Animals i Places Papon: Recueil d'Arrets 1601 Not specified 1 Parliament of Paris i 1 Charma Legons de : 1604 Ass Parliament 01 Paris Philosophie Guerra: Diumali j> » Naples Joinville Lerouge : Registre >j Mare secret manuscrit >j i> j> 1606 5> Sheep Riom Chateaurenaud CoifTy near )> It >) Cow Mare j» >> j> > J Langres Lejeune: Mdmoires. 1854. p. viii. i. : Siecle de ch. JJ Cow Louandre Rev. i. des deux Mondes. P.

1880. 1631 Mares and Greifenberg p. Anzeige fur Kunde der deutschen Vorzeit. pen. Re13 Rats and insects etc.. 574 Cows .. ii. p. col. 102 1621 Cow Machem near Leipsic Lerouge : Registre 1621 Mare La Rochelle secret manuscrit >> » it j> 1622 >j Montpensier Bessay near Moulins it i> 1623 She-Ass » »> » 1624 Mule Chefboutonne (Poitou) Dopier: Theat. » » Cow Sow Fergeux near Rethel » >i >j 1613 Montoiron near Chatelleraut » » : » 1614 1616 She-Ass Le Mans Langres Desnoyers cherches.328 Sources of Information Appendix Dates Animals Places Lerouge : Registre 1610 Horse Paris secret manuscrit >j » j> j> 1611 » Goat Laval St.

s. three Sheep. Homicida : Lerouge Registre 1647 Mare Parliament of Paris secret manuscrit >l >J 5> 1650 » Fresnay near Chartres Crollolanza: Storia del Contado di Chiavenna. and two New Haven. two Heifers. insetti nocivi. Lemon- tiers . Book London. 1659 Caterpillars Chiavenna Perrero : Gazzetta 1661 Weevils Turin Litteraria di Torino. Feb. 24. 63 sqq. 455 sqq. v. 1633 Weevils Strambino (Ivrea) Lerouge : Registre >} Mare Bellac secret manuscrit Carpentier to Du 1641 Pig Viroflay Cange. 1834. 1883 Cotton Mather: Magnalia Christi Americana. p. Sows Lerouge : Registre 1666 Mare Tours secret manuscrit St. 1662 Cow. f> >j ij >) 11 P. p.: Appendix Sources of Information 329 Places Dates Animals Marchisio Michele Gatte ed. 1702 vi. Conn.

Litdi Torius. : Theatrum 1676 Mare and Silesia p. 1785. Perrero Gaz. 431. 31 Chorier : Hist. 5 Cow Registre Lerouge : 1678 it Beaugd secret manuscrit ter. 914. du Before 1680 Worms Constance and Coire Dauphind viii Themis. Feb. ii. Memoires. p. Vol.. i. Lerouge : Registre 1680 Mare Fourches nea Provins secret manuscrit .330 Sources of Information Appendix Dates Animals Places Lerouge : Registre 1667 She-Ass secret manuscrit Vaudes near Bar-sur-Seine Angers j> >> >j 1668 Mare Locusts Annales scientifiques de I'Auvergne. 1670 Clermont 391 Dopier pen. p. viii. p. p. 1883 1679 Brillon Decisiones. : j> Weevils Turin 24.. cit. Boniface Traite des matieres crimin: : Mare Parliament d'Aix elles. vii.

291. A^zmcit. Cf. Meiners: Vergleichdes iiltern u. p. banished to Siberia Russia 573 Registres de la Paroise de Grignon 1710 Rats Grignon . Roch 1681 Mare Wiinschelburg in Silesia Schlesische Chronik. : Voy. : 1690 Locusts Pont-de- Chateau in Auvergne 1789. Dopier: ii. viii. pen. Descripprincipaux la France. xi. p.. doves P- Memoires. p. >j ung He-Goat. 17th cent. 431 cit. 573 j> )> >> 1684 1685 Mare >f Ottendorf Striga » )> )> Dulaure tion lieux des de V. p. 412 Lerouge : Registre 1692 Mare Moulins secret manuscrit La Hontan ages. neuern Russlands. Let. Theat. viii. Mdmoires. p. Turtle- Canada 79.: Appendix Sources of Information 331 Places Dates Animals Heinrich p.. 342..End of p. sqq. Amira.

Cf. . No. : Manoel Bemardes Nova Floresta ou Sylva de varios apophthegmas. 46. 5 torn. p. 10.332 Sources of Information Appeindix Dates Animals Places Sorel: Proces contre P- 1710 Vermin Autun des animaux. 107 : 1726 Not specified Paris Menebr^ : Jugeles ani- 1731 Insects Thonon ments contre maux.970. etc.. p. Del.. of BibUotheque Nationale of Paris. D'Addosio Best. p. 1888. 1733 Vermin Buranton 363 564 sqq. 508 La Tradition. 1706-47 MSS. p. p. Rinds Kronike sources Herreds 1711 » Als in Jutland and given other by Amira. 565 Curiosity Agnel : 1713 Termites judiciaires et histori- Piedade no Maranhao in Brazil ques du moyen-age. p. 23 etc. Amira. Lisboa.

. England Comparon du Tribunal Cf.Appendix Sources of Information 333 Places Dates Animals Rousseaud de LaTraite des matieres crim. 559 I77I Dog Chichester. D'Addosio Best. p. op. cit. Ny Saml. 1793 >> Paris RevoParis. Del. p. ii. P. Amira. Danske 1805-6 Landhusholdnings- Vermin Lyo in Denmark Selskabs Skrifter. Kong.565- Desnoyers: Recherches. p. Det. 16 8th Filangieri : Scienza 1 Dogs Italy della Legislazione cent. Amira. I. des Ani: 1750 She-Ass Vanvres vais maux A Report of the Case of Farmer Carter's Dog. : Hist.. lutionnaire de p.. : : I74I Cow Poitou combe 107 Ant. etc. de Saint-GerHist. Sorel. 22. 1826 Locusts 15 ClermontFerrand .

1845 1845 Dog Paris » >y ]> 1864 Pig Pletemica in Slavonia Krauss. No. Jan. Also Fertile : Leeds in England Gli animali in giudizio Cretella Gli Animali sotto processo in FanfuUa 1891. deutsche >j Cock S t rafrechts-z e i t u n g. 573 )i 1866 Locusts Pozega in Slavonia » » » Grass- hoppers Vidovici in Slavonia Desnoyer : Recher- 19th cent. 23. 1861. p.. p. 65.334 Sources of Information Appendix Dates Animals Places Gazette des Tribunaux. C/. 15 Allg. with the fierce three murderers were tried and the two men sentenced to lifelong imprisonment. No. without whose complicity the crime could not have been committed. quoted by Amira. as the chief culprit. etc. 2. The . p. Amira. effective co-operation of their dog. Locusts Catalonia ches. but the dog. 1906* record of such prosecutions a Switzerland In this latest man named Marger and was killed and robbed by Scherrer and his son. May ^ Dog Delemont in 4. was condemned to death. 569 : )) Wolf Calabria New York Herald 1906 and Echo de Paris.

cette quittance est donn^ a Regnaud Rigault. . le bourreau y declare dites qu'il se tient pour bien content des le sommes. 1386. et qu'il en tient quitte roy et ledit vicomte. g. Tome Tome p. 72. qui avoit mange le visage de I'enfant de Jonnet le Maux. IT. 1827. tabellion a Falaise. et de dix sols tournois pour un gant neuf quand le bourreau fit la dite execution . Also Statistique de Falaise. tellement que ledit enfant en mourut. p. 63. sous tournois for a new Quittance originale du 9. : Dictionnaire des Titres Originaux. Paris. passee devant et Guiot de Montfort. in which the hangman acknowledges to have been paid by the Viscount of Falaise ten sous and ten deniers tournois for the execution of an infanticidal sow. le donnee par sols et bourreau de cette ville de la somme de dix dix deniers tournois pour sa peine et salaire d'avoir train^. Charange 1764. Janvier 1386. puis pendu \ la justice de Falaise une truie de I'age de 3 ans ou environ. I. vicomte de Falaise.Appendix 335 of Falaise Receipt dated Jan. and also ten glove. qui etait au bers et avoit trois mois et environ.

la justice dudit lieu de Mortaing. ^ states that . Jehan Lours. qui recognut et confessa avoir eu et repceu de homme sage et pourveu Thomas de Juvigney. Lejeune In modern French pend&rd means hang-dog. salut. lieutenant du bailli de Co ri'n. clerc tabellion jurd ou siege dudit Micton. he can recall no other instance of its use as synonymous with bourreau or hangman. Sachent tous que par devant Bynet de I'Espiney. en ladite viconte de Pour lequel fait ycelui pore fut condanney Mortaing. A tous ceulx qui ces lettres verront ou orront. viconte dudit lieu de Mortaing. 24. et en quita le roy nostre sire. lequel avait tn6 et meurdis un enfant en la paroisse de Roumaygne. estre traynd et pendu. fut present mestre Jehan pendart. . acknowledges that he received the sum of fifty sous tournois from Thomas de Juvigney. .33^ Appendix H Receipt. par Jehan Pettit. de laquelle somme dessus dicte le dit pendart se tint pour bien paid. c'est assavoir la somme de cinquante souls tournois pour sapaine et salaire d'estre venue d'Avrenches jusques a Mortaing.^ en la viconte d'Avrenches. es assises dudit lieu de Mortaing. dated Sept. un pore. . h. M. viscount of Mortaing. hangman. in which Jehan Micton. garde du seel des obligacions de la vicomte de Mortaing. lieu de Mortaing. ledit . for having hanged a pig which had killed and murdered a child in the parish of Roumaygne. pour faire acomplir et pendre h. 1394. Perhaps a facetious clerk may have deemed it applicable to a person whose office was in the present case that of a hang-pig.

nous avons C'en Signd fut fait I'an le de grace mil cens quatre-vings et septembre. quatorze. from the manuscripts of the Bibliothlque Vide Mhnoires. En seel. J. selld ces lettres 337 ce. 439-40. tesmoing de trois dudit sauf tout autre droit. du Roi. pp. XXIIIP jour de Lours.Appendix viconte et tous aultres. ibid. [Extract (Countersigned) Binet.] 79 .

338 Appendix I Attestation of bailiff of Mantes and Meullant. six sols Item. 1403. de noble homme Mons. deux sols huit Item. lieutenant a Meullant. mena k la justice. six sols parisis. a : Meullant faire ladite exe'cution par le commandement et ordonnance de nostre dit maistre le bailli et du procureur du roi. somme toute soixante neuf et tout ce nous certifions etre VTay par ces presentes scelle'es que dessus est dit de notre . au maitre des hautes-oeuvres. de Mante et dudit lieu de que pour faire et la justice d'une truye qui avait devore un petit convenu faire necessairement les frais. la Her et haler. et son bailli Salut. deux deniers parisis. chevaHer chambellan du Roy. seigneur de Maintenon. and sow certifying to the expenses incurred in executing a that had devoured a small child. notre Meullant : sire. pour la voiture qui la parisis. Item. commissions et ddpens ci-apres declares. qui vint de Paris h. pour cordes a deniers parisis. cinquante-quatre sols parisis. Lesquelles parties font en sols huit deniers parisis . lieutenant of the made by order of the proctor. pour gans. accomplir enffant. Item. Jehan. c'est k savoir Pour depense faite pour elle dedans le geole. said bailiff and the King's on March 15. Symon de Baudemont. A tous ceuls qui ces lettres verront : Symon de Baude- mont. Savoir faisons.

Lejeune to the Memoires de quaires de Frajice. 433-4. communicated by M. judge of the civil court of Chartres. Hdrisson. et au dessous est le sceau de la ehatel- a greigneur confirmation mettre le seel fait lenie de Meullant. Signe de Baudemont. le XV^ de mars Tan 1403.] . pp. avec paraffe. la Societe Royale des Anti- Tome viii. [Extraet from the manuscripts of M.Appendix seel. et 339 avons et approbation de ce y de la ehatellenie dudit lieu de Meullant.

16. la somme de 19 sous six deniers tour- nois qui deus lui estoient. c'est assavoir 9 sous six deniers tournois pour avoir trouvd (\ivr6) le pain du roi aux prisonniers debtenus.34° Appendix J Receipt. charge of crime. geolier des prisons du roy notre sire en la ville du Pont de Larche. jusques au 17^ jour de juillet apres en suivant exclut que icellui pore fu pendu par les gares a un des posts de la justice du Vaudereuil. es dites prisons. a quoy il avoit estd condempne pour ledit cas par monsieur le bailly de Rouen et les conseuls. (Here the names of these prisoners are given. es assises du Pont de Larche. par la main de honnorable homme et saige Jehan Monnet.) Ifem a ung pore admen^ es dictes prisons. en cas de crime. tabellion jurd pour nostre sire en la vicontd le roy du Pont de Larche. dated Oct. lequel cognut avoir eu et recue du roy nostre dit sire. Pardevant Jean Gaulvant. and signed by Toustain jailer of the royal prisons in the town of Pont de Larche. acknowledging the payment of nineteen sous and six deniers tournois for food furnished to sundry men and to one pig kept in the said prisons on Pincheon. pource que icellui pore avoit muldry et tud ung pettit enfant. auquel . fut present Toustain Pincheon. par lui tenues le i^^ jour dudict mois de juillet. viconte dudit lieu du Pont de Larche. le 21" jour de juing 1408 inclus. 1408.

et pour avoir trouve et bailie la corde qu'il esconvint a il lier icelui pore qu'il reschapast de ladite prison oh tournois. x deniers Du 16 Octobre 1408.Appendix temps il 341 2 a xxiiii jours. cit. [Derived from manuscripts of the Bibliotheque du Roi. valent audit pris de deniers tournois par jour. Vide Memoires. 428 and 440-1. pp. 4 sols 2 deniers.. avait estd mis.] .

Duke of Burgundy. prieur de la prieurte de la ville de Saint-Marcel-lez-Jussey. Perrinot. contenant que comme le V* jour de ce present mois de bailli de noz Oye la supplication septembre. dit le Hochebet. Phelippe. and pardoned two herds of swine which had been condemned to suffer the extreme penalty of the law as accomplices in an infanticide committed by three sows. due de Bourgoingue. auquel appartient la justice . gardant les pors des d'icelle. et habitans d'icelle ville ou finaige au cry de I'un d'iceulx pors. 1379. et assez tost apres Et pour ce que ledit suppliant de ladite ville ne fust repris de negligeance son maire arresta tous lesdits pores pour en faire raison et justice en la maniere qu'il appartient. trois truyes estans entre lesdits pors ayent couru sus audit Perrenot. on Sept 12. de frere Humbert de Poutiers. terres au au conte de Bourgoingue. et par le pere dudit Perrenot a este trouve blessier a mort par lesdites truyes. I'ayent abattu et mis par entre eulx.342 Appendix K Letters patent. et si comme icelle Perrenot la confesse en la presence de son dit pere e dudit Jehan Benoit. granted the petition of the friar Humbert de Poutiers. filz du Roi de France. et il soit eu mort. pourchier fils Jehan Muet. commun de ladite ville. by which Philip the Bold. ainsi comme par Jehan Benoit de Norry gardoit les terre qu'il pourceaulx dudit suppliant. prior of the town of SaintMarcel-lez-Jussey. salut.

Et ledit prieur nous ait supplie que il nous plaise consentir que en partie faisant justice de trois ou quatres desdits pores le demeu- rant soit delivrd Nous inclinans h sa requeste. 277-8. pp. from the archives of Cote-d'Or and reprinted by D'Addosio in Bestie Delinquentiy pp. sans les empescher au grace. et par ces presentes ouctroyons et consentons que en faisant justice et execu- de I'ung des pourceaulx dudit prieur. quand ledit Perrenot fut ainsi blessie. [Published by M. 1866. IX. 476 sqq. nonobstant qu'ils aient este K la mort dudit pourchier. Si vous mandons que de notre presente grace vous faictes et laissiez joyr et user ledit prieur et autres qu' il appartiendra. pour ce que dit ledit Jehan Benoit ils furent trouvez ensemble avec lesdites truyes.. Par monseig- : Potier. Donne a Montbar. que le demeurant desdits pourceaulx soit mis a delivre. avons de grace especiale ouctroye et consenty. le XII" jour de septembre de Tan tion desdites trois truyes et de grace mil neur le due CCC LXX J^. Dec. Garnier in the Revue des Societes Savantes.Appendix encore les ddtient prissonniers tant 343 comme ceux de ladite ville de ceulx dudit suppliant. Ainsi signe.] .

Veu de le proces criminel. sera dressee aux lices du March^ aux Chevaux de ceste ville de Chartres. au lieu et endroict 011 ledict ^ Under this term are included the dean. 1606. . le diet quart d'habondant.344 Appendix Sentence pronounced by the Mayor of Loens de Chartres on the twelfth of September. 12. les diets trois deffaulx. charges et informations. le recolle- ment des diets tdmoings et recognaissance faicte par les diets thnoings de la chienne dont est question. canons. d'autre part. and chapter of the Cathedral of Chartres. attainct et convaincu Pour reparation et punition duquel crime condempnons Guyard estre pendu et estrangld a une potence qui. deffendeur et d^faillant. decret h.1 606. du quart d'abondant. accuse. prise de corps. pour cest effet. d'une Guillaume Guyard. adjournement troys briefs jours. les conclusions dudict procureur. condemning Guillaume Guyart to be hanged and burned together with a bitch. tout veu et eu sur ce conseil. Entre le procureur de messieurs^ demandeur et accusateur au principal et requdrant tion de troys deffaulx et et le proffit et adjudicapart. nous disant este bien que lesdicts troys deffaulx et quart d'habondant ont donnes pris et obtenus contre ledict Guyard accuse. Extract from the records of the clerk's office of Loing under the date of Sept.

Lejeune and communicated to the des Antiquaires de France. sur laquelle somme seront pris les fraicts de justice. sur cieux prealablement cent cinquante livres d'amende que nous avons adjug^es auxdicts sieurs. tant dudict Guyard que de la dicte chienne brules et mis en cendres. Chartres. si le diet Guyard peut estre pris et apprehende en sa personne. regard du diet Guyard. et declarons tous et chascuns ses biens acquis et confisques a qui pris la appartiendra. Signe Guyot. pour le regard du diet Guyard les jour et an somme de cy dessus. Prononce et execute par effigie. que ladicte chienne sera assomme'e par I'exdcuteur de la haute justice audict lieu.^ Appendix les diet sieurs 345 ladicte Et auparavant de mort. cit. Herisson. pp. [A of true copy of the original extract extant in the office M. Society. sera la sentence execute par effigie en un tableau qui sera mis il et attache a ladicte potence. made this Societe Royale Vide M^moires of 436-7.] . et seront les corps morts. sy non pour execution le ont tout droit de justice. judge of the civil court of by M.

par noble homme Nicolas Quarroillon. prdsens maistre Philebert Quarret. Germain des Muliers. I'an et jour dessus dit. Huguemin Martin. demandeur a I'encontre de Jehan Bailly. condemning to death an infanticidal sow. Nicolas Grant-Guillaume. I'encontre de Jehan Bailly.€ prins en . plusieurs autres tesmoins ce appell^s et requis. que sont presentement prisonniers de ladite dame. alias Valot dudit Savigny. et six coichons ses suignens. a ^te dit et propose que le mardi avant Noel dernier passe. Bome. prbs des fouss^s du Chastelet de dit Savigny. month later on the six pigs of the said sow for complicity in her crime. juge dudit lieu de Savigny. Also the sentence of confiscation pronounced nearly a Jan. ecuier. Philebert Hogier. alias Valot dudit Savigny deffendeur. dame dudit Savigny. Pierre Pierre Chailloux. et promoteur des causes d'office dudit lieu de Savigny. et ce le 10* jour du moys de Janvier 1457.346 Appendix M Sentence pronounced by the judge of Savigny on 1457. demandeur h. Benoit Milot d'Ostun. licencie en loys et bachelier en ddcret. et h. Jours tenus au lieu de Savigny. Andre Gaudriot. une truye. procureur de noble damoiselle Katherine de Barnault. comme ce qu'ils 6\. Guillaume Gabrin. Jehan Bricard. conseillier de monseigneur le due de Bourgoingne. a I'encontre duquel par la voix et organ de honorable homme et saige M"".

lequel deffendeur a dit et ne vouloit rien dire pour le present et pour ce ait este procede en la maniere qui s'ensuit. pour la premiere. ont 347 truye commis et perpetrd mesmement ladicte murtre et homicide en la personne de Jehan Martin en aige de cinq ans. pour la faulte et culpe dudit Jehan Bailly. aiant Dieu devant nos yeulx. savoir faisons a tous que nous avons procede et donne nostre sentence deffinitive en la maniere que s'ensuit . estre confisqude a la justice de Madame de Savigny. et lequel par nous a este et sommd et requis ce il vouloit avoher dit. desquelles apparaissoit a soufifisance. ladite truhie respondu veu ledit cas. Aussi cotiseil avec saiges et practiciens. c'est assavoir que pour la partie dudit demandeur. et duquel appert a souffisance tant par tesmoing que autrement dehuement hue. que ledit defendeur repondit es chouses dessusdites. pour estre mise a justice et au dernier . requerant ledit procureur et promoteur desdites causes d'office de ladite justice de madite dame. avant dit. en la qui'l presence dudit defendeur present et non contredisant. fils de Jehan Martin dudit Savigny. alias Valot. et aussi considere en ce cas I'usance et coustume du pais de Bourgoingne. et ladite truhie ses suignens. ddclairons la tryue de Jehan Martin. avons estd requis instamment de dire droit en ceste cause. c'est assavoir que veu le cas comme a est^ proposd pour la partie dudit demandeur. nous disons et pronungons lequel est tel par notre dite sentence. de Savigny. sur le cas avant faicte sur ledit cas luy a este sommacion par nous juge fois. deuxieme et tierce dire pourquoi justice que s'il vouloit rien prest la ne s'en deust faire Ton estoit tout de les oir en tout ce qu'il vouldrait dire touchant pugnycion et execution de justice que se doit faire de .Appendix flagrant delit. pourquoy nous juge. avant dit.

et promoteur des causes d'office par la voix dudit maistre Benoist Milot. et de suite est dcrit en oultre. court de clerc. avons somme et requis ledit Jehan Bailli. et fait Ton savoir a tous.: 348 supplice. en paiant les poutures. se il vouloit avoher lesdits coichons. sous peine de I'amende et de 100 sols tournois qu'ils le dieut et declairent dedans les autres jours. et presens les dessus tesmoings. ce nommes. et ansi le disons et pronongons par notre dicte sentence et a droit et au regard des coichons de ladite truye pour ce qui n'appert aucunement que iceuls coichons ayent mangies dudit Jehan Martin. Ton remet arbre esprone en justice la cause d'iceulx coichons est content aux tres jours. et avec ce Ton de les rendre et bailler audit Jehan Bailly. laquelle luy avons ouctroye. Fan et jour dessus dit est. Mongachot. et faisons . et avec ce instrument. Item^ Ita Ainsi signe. en ci-dessus presence des ouctroye. et estre Appendix pendus par la les pieds derriers a ung de Madame de Savigny. je. Huguenin de Montgachot. nous juge dessus nomme. advocat de ladite dame et aussi ledit procureur a requis et demande acte de nostre dicte court a lui estre faicte. considere que la justice de madite dame n'est mie presentement elevee. savoir que incontinent apres nostre dicte sentence ainsi donnee par nous les an et jour. notaire publicque de je lui la la ai monseigneur tesmoings fait le due de Bourguoigne. et icelle truye prendre mort audit arbre espron^. et en la presence des temoings que dessus. apres la prononciation d'icelle. avec paraphe. de laquelle nostre dicte sentence. combien que aient estes troves ensanglantes. ledit pro- cureur de ladite dame de Savigny . en baillant caucion de les rendre s'il est trove qu'il aient mangiers dudit Jehan Martin.

a moy lequel notaire subescript. Appendix se il 349 pour avoir recreance repondu qui ne les avohait aucunement. laquelle luy avons ouctroyde. ledit cureur de ladicte dame de Savigny nous lui estre faicte et Huguenin Martin. pour et teneur maistre derriers . ouctroy^ en la presence desdits tesmoings cy-dessus nommes. lequel lui nous vouloit bailler caucion d'iceulx. et qui s'en rapportoit a ce que en ferions pourquoy sont demeurez a la dicte justice et seignorie dudit Savigny.. laquelle ddlivrance d'icelle triihie faicte par nous comme dit est. ait m'en demanda instrument. de laquelle chouse ledit Huguenin Martin. et en icelluy chaigne esprone. juge avant dit. incontinent ledit maistre Estienne a mend sur une chairette ladicte truye a ung chaigne esprond. avons r^alement et Poinceau.. demeurant a icelle mettre a exdcucion selon la forme de nostre dicte sentence. savoir a tous a que incontinent apres faict delivrer les chouses dessus dictes. faisons Item. en apres. Estienne a pendu ladite truye par les piez en mectant a execution deue nostre dicte sentence. et avec ce a moi. m'a demandd instrument donnde. lequel a dit et avons ouctroyd avec je luy et ouctroyons par ces prdsentes. Chalons-sur- de fait ladicte truye maistre Etienne maistre de la haute justice. icelluy Saone. et ce ledict procureur de ladicte dame. nous en a demande acte de court. selon la forme et teneur de laquelle delivrance et execution d'icelle truye. je luy ai ledit procureur a luy estre la ouctroyd en presence des temoings . a demandd pro- acte de nostre dicte court a donnde. procureur et promoteur des causes d'offices. nous Nicolas Quaroillon. estant en la justice de ladite dame Savigny. notaire subscript. et qui ni demandait rien en iceulx coichons .

Dame Vierge. ce fait les au et jour dessus ditz. Ainsi sign6 Mongachot. 2. tesmoings. ddclairons et pronuncons par nostre sentence et a droit : iceulx coichons competer appartenir comme le biens vaccans a ladite dame de Savigny et la les luy adjugeons coustume de pais comme raison. instrumens souffisans defiinitive. escuier. par noble lieu homme Nicolas Quarroillon. avec paraphe. Guiot de Jehan Martin. Jours tenus au lieu de I'Estang Savigny. De laquelle nostre dicte . . a Jehan Bailly alias Valot de advohe on repudid les coichons de la truye nouvellement mise a execution par justice a raison du murtre commis et perpetr^ par la dicte truye en la personne de Jehan Martin. pour noble damoiselle Katherine de Barnault. I'usence et vueilt. lequel Jehan Bailli a este remis de advoher lesdites coichons et de baillier caucion d'iceulx coichons rendre. The following is the proch verbal.350 cy-dessus Appendix nommez.). Nearly a month the Purification of later. Pierre Tiroux et Jehan Bailly. dame dudit Savigny. et autres comme appert par acte de nostre dicte court. s'il estoit trouvd qu'ils feussions culpables du ladicte truye et ddlict avant diet commis par de payer les poutures. Veue les sommacions et requisitions faicte par nous juge de noble damoiselle Katherine de Barnault. prdsens Guillaume Martin. et ce le vendredy apres la feste de la Purification Notre Layer. on " the Friday after the Feast of Our Lady the Virgin " (which occurred six little porklets or sucklings " on Feb. " the were brought to trial. etc. et pourquoi le tout veu en conseil avec saiges. juge dudit de Savigny. sur la chaussde de dudit Savigny. dame de Savigny.

& 3. Vide Memoires.Appendix sentence. Avec ce en a demande instrument a moy notaire subscript.] . ledit procureur de ladite acta. etc. 2. lequel il luy a ouctroyd en la presence des dessus Signd Mongachot avec paraphe. belonging to M. [Extract from the archives of cies. cit. i. 351 dame en a demand^ de nostra dicte court a luy estre donnde et ouctroyee. liasse (Savigny-sur-Etang. boete Lepelletier 250.. 441-5.) pp. Monjeu and Dependende Saint-Fargeau. nommes.

Le lundi 18 Veu le proces criminel faict avril 1499. ledit Jehan Delalande sa femme avons condampn'es et condampnons en r amende envers de justice de dix-fmitfranz. le tout veu et et en sur ce conseil aulx f saiges. \ I'encontre de lehan Delalande et sa femme. agde de un an et demi ou environ . prisonniers esprisons de ceans. 1499.352 Appendix N Sentence pronounced April i8. aulxdits Delalande et sa femme appartenant les confessions desdicts Delalande et sa femme les informations par nous et le greffier de ladite de la nommde Gilon. In this case the owners of the pig were fined negligence. et a tenir prison jusqu'a plein payement et satisfaction d'iceulx k tout le moins qu'ils avoient bailld bonne et seure caution d'iceulx. pour raison mort advenue a la personne d'une jeune enfant. jurisdiction faictes a la requete dudict procureur . laquelle enfant avoit ete baillee a nourrice par sa mere ledict meurtre advenu et commis par un pourceau de I'aage de trois mois ou environ. . Et en tant que toucJu le diet pourceau^ pour les causes . la requeste du procureur de messieurs abbd et convent de losaphat. : . par-devant nous \ le religieux. qu'il a convenus pour ce faire. near Chartres. in a criminal prosecution instituted before the Bailiff of the Abbey of Josaphat. in the Commune to be of Seves. tel que de raison. because the eighteen francs their fosterling. for against a pig condemned for hanged having killed child was an infant.

Briseg avec paraphe. Donne sous la contre seel aux causes dudict baillage. [The complete record of details of the proceedings. 434-5. made at that time. is declared by M. en la jurisdiction des mes diets seigneurs. Secretary-general of the department. but this copy of the original. et a droit. B.. Signe C.Appendix contenues et dtablies audict proces. par notre sentence definitive.] 33 . Vide Mdmoires. Since then it has disappeared . les an et jour que susdicts.. and was taken from the archives of the Abbey Josaphat at the time of the Revolution by M. this trial contains the minutest ending with the execution of the pig. Lejeune to be perfectly exact. nous dampn'e et les 353 avons conet execute condampnons h Hre pendu par justice. cit. pp.

comme justice at raison le ddsiroit et requerroit . pour aller au village de Dizy ladite cense. censiers de nous eussent dit et affirm^ par que le lendemain de Pasques dernier passe ledict Lenfant estant en la garde de ses bestes. de Jehan Lenfant. . vachier de ladite cense de Clermont.€ dudit cas. Martin de Laon. . et Jehan Daudancourt. et de Gillon sa femme. A tous ceulx qui ces Jehan Lavoisier I'^glise prdsentes lettres verront ou orront. Jehan Benjamin. nous advertissant et nous requdrant h. ladicte Gillon sa femme desjettoit de ladicte ayant delaissd cense. condemning a pig to be hanged and strangled for infanticide committed on the fee-farm of Clermontlez-Montcornet. abbd et convent de Saint- Martin de Laon. eussion oui et examine par serment. by the grand mayor of the church and monastery of St. qu'en la cense de Clermont-lez-Montcornet. moyenne et basse auxdits relligieux. lesquels leur serment et conscience. appartenant en toute justice haulte. que sur ledit cas voulussions procdder. 354 Appendix O Sentence pronounced June 14. Gillon. at grand mayeur de monastere de monsieur St. cette cause. afin de savoir et cognoitre la v€x\X. ung jeune pourceaulx eust ung jeune enfant estant au berceau. 1494. ordre de Prdmontr^. Martin de Laon. et les echevins de ce meme lieu comme il nous eust ete apport^ et affirm^ par le procureurlicentie ez loix. et fiscal ou syndic des religieux. et que dstrangld et defacie fils depuis.. femme dudit Lenfant.

. au moyen des morsures et d^visagement que lui fit ledit pourceaulz. 355 Elle le renchargea agde de neuf ans fille pendant et alia jouer durant lequel temps ladite s'en autour de ladite cense. ledit pourceaulz entra dedans ladite maison et defigura et mangea le visage et gorge dudit enfant Tot apres ledit enfant. jugd.] . et laissd ledit enfant couch^ en son temps durant. 428 and 446-7. pendu et estrangle. en une aupres fourche de bois. estant de leur cense d'Avin En temoing de ce nous I'an 1494. avons dit. sera par le maistre des hautes-oeuvres. Vide M^moires. scelle en cire rouge . et avons scelld ces presentes de notre seel. sentenci^. Boileau de Maulaville. cense de Clermont. et dtrangl^ en une fourche les gibez d'Avin. de ce siecle trdpassa savoir faisons Nous.: Appendix en sa maison k une sienne ledict petit enfant fiUe. 88. et afin d'exemplaire et garde justice. en detestation et horreur dudit cas. que ledit pourceaulz esfan^ berceau et ledit : detenu prisonnier et enferme en ladite abbaye. prenoncd et appoint^. cit. [M. Ce fut fait le quatorzieme jour de juing. p. pp. aupres et joignant des fourchee patibulaires et haultes justices desdits relligieux. et sur le dos est ecrit Sentence admene en la pour ung pourceaulz execute par justice. in L'Annuaire de PAisne 181 2.

. fait les religieux. A tous ceulx qui ces prdsentes lettres verront. enfant de Lyenor Darmeige et Magdeleine Mahieu sa femme. frere de la dite femme et son proche voisin Le proces verbal de la visitation du diet enfant en la presence de son parrain et de sa marraine qui I'ont recogneu Les informations faites pour raison du dit cas. demeurant au diet Saint Nicolas. - 356 Appendix Sentence pronounced. fille pour raison de la mort advenue a une jeune agee de quatre mois ou environ. . avec la . salut . trouvde avoir est6 mangee et devorde en la tete. by the royal notary and proctor of the bailiwick and bench of the court of judicatory of SenUs. bailly et garde et seigneurie de Saint- Nicolas d'Acy. pour prieur et coivent M. : du diet lieu. and forbidding the inhabitants of the said seignioralty to let such beasts run at lai^e on penalty of an arbitrary fine. savoir faisons Veu le proems extraordinairement la seigneurie a la requete du Procureur de du diet Saint-Nicolas. main senestre et au dessus de la mamelle dextre par une truye ayant le museau noire. notaire royal et procureur au bailliage et siege prdsidial de Senlis. Jehan Lobry. appartenant a Louis Mahieu. les le dit Senlis. interrogatoires des dits Louis Mahieu et sa femme. 1567.M. March 27. condemning a sow with a black snout to be hanged for her cruelty and ferocity in murdering a girl of four months.

who. de la dicte truye a I'instant du dit cas il advenu et tout considere en conseil. Mamiscrits de la Bibliothkque p. et coMMisE PAR LA DiTE TRUYE. tome xx. confounds the prosecution of 1567 with that . of 1499. sous peine d'amende et de pugnition corporelle s'ily dchoit. Grenier. en faisant deffenses k tous habitans et sujet des terres et seigneurie du dit Saint- Nicolas de ne plus laisser echapper bestes sans arbitraire telle et semblables bonne et seure garde. de Paris. sauf et sans prejudice a faire droit sur les conclusions prinses par le dit femme avon ainsi Procureur a I'encontre des dits Mahieu et sa que de raison. advisd par justice que pour la CRUAUxf. au tdmoin de quoy nous scelld les prdsentes du seel de la dicte justice. however. elle sera extermin^e par mort et pour ce faire sera pendue par I'executeur de la haulte justice en ung arbre estant dedans les fins et mottes de la dicte justice sur le grande chemin rendant de Saint-Firman au dit Senlis.] Nationak Quoted by D'Addosio. [Dom. et Ce ledit fu faist le jeudi 27^ jour de Mars 1557 ex6cut6 jour par I'executeur de la haulte justice du dit Senlis.Appendix visitation faicte 357 a ^t^ conclu et FEROCixf. 87.

lequel thorreau dtant aux champs & sur le territoiiere d'icelle ^glise.358 Appendix Q bailiff Sentence of death upon a bull. May 16. entre lesestoit ledit quelles thorreau. appartenant h. Duquel thorreau requeroit la ledit procureur estre faite. pour venerables & discretes personnes & mes treshonorez seigneurs. Lieutenant du Bailly du temporel de I'^glise & abbaye ndtre Dame de Beaupr^s de I'ordre de Cisteaux. Jean BouUet censier & fermier de mesdits seigneurs. demeurant en leur maison & cense dudit Caurroy. salut. de mesdits qu'il seigneurs justice ment par de icelui fut execute jusqu'a mort inclusivede mesdits seigneurs pour occasion crimme de omicide & de la detestation d'iceluy. by the of the Abbey of Beauprd. Comme k la requeste du procureur de mesdits seigneurs. ou environ. & par leur justice temporelle qu'ils ont en leur terre & seigneurie du Caurroy e(it 6t6 nagaires prins & mis en la main d'icelle leur justice ung thorreau de poil rouge. 1499. la justice & . nommd Lucas Dupont. messeigneurs les religieux abbd & convent de ladite abbaye. lequel il avoit mis a la garde de ces bestes k corne. auroit par furiositd occis & mis a mort un joine fils. serviteur dudit censier. for furiously killing Lucas Dupont. Jean Sondar. de I'age de quatorze k quinze ans. man of fourteen or fifteen years A tous ceux qui ces presentes lettres verront. a young of age.

Paris. hommes & subde mesdits seigneurs. Ursin Durand. & pour la detestation du advis. En tesmoing de ce avons mis nostre seel a ces lettres qui furent faites & pronunchies audit lieu du Caurroy en la presence de Guillaume Gave du Mottin. & pendu a une fourche ou potence es mettes de leurdite terre & seigneurie dudit Caurroy.Appendix Sur quoy enqueste la 359 ledit droit. Et ad ce le avons condamnd & condamnons. jets Jehan Henry. que pour raison de I'omicide. homicide are in Vide Voyage Litteraire de deux Religieux Benedictins de la Congregation 1717. avons dies & jugid. Tan mil quatre cens quatre-vingt-dix-neuf. Ileugles. aupres du lieu ou solicit estre assise la justice. Maur. Edmond Martene and Dom. & crime d'iceluy homicide. fait par ledit thorreau en la personne d'iceluy Lucas. ad ce commis. The Benedictins were Dom. Seconde Partie. & information eussent 6t6 faites de forme & maniere iceluy homicide. dont dessus est touchie. Jehan Charles.] de St. pp. & plusieurs autres les seizieme jour de May Ainsi signd. & Clement le Carpentier. ledit thorreau nomme confisque k mesdits seigneurs sera execute jusques a mort inclusivement par leurdite justice. Jehan BouUet. . [The original records of this trial for the archives of the Abbey of Beauprd. Jehan Custien I'aisnd. par laquelle fait procureur nous eust requis sur ce luy estre Savoir faisons que veu laditte enqueste sur tout en conseil & information & nous par nostre sentence & jugement. 166-7.

. vous voyez notre misere . ! Mais. I'embarras re'duits est dgal Voil^ bien des enfants ^ I'hopital." iii. L'Intime. famille desolde Venez. Tirez done. in which a dog is tried and condemned to the galleys for stealing a capon. tirez. Daudin. sc. Nous sommes orphelins. Notre p^re qui nous . Ouf je me sens deja pris de compassion. his counsel brings in the puppies and thus appeals to the compassion of the court " Venez. Ce que c'est qu' ^ propos toucher la passion Je suis bien empechd La vdritd me presse Le crime est avdrd. . 360 Appendix R Scene from Racine's comedy Les Plaideurs. Act 3. pauvres enfants qu'on veut rendre orphelins Venez faire parler vos esprits enfantins.. L'Intime.. Lei Plaideurs.. tirez. After the accused had been found guilty. Quels vacarmes lis ont pissd partout. lui-meme il le confesse. Daudin.. Notre p^re. messieurs. s'il est condamnd. Daudin. voyez nos larmes.. ici Oui. Notre p^re par qui nous fftmes engendrds..: . Monsieur.! ! . Tirez. rendez-nous notre p^re. messieurs .

welchess geschehen Augusti auff den Abend. April 1880. Erbsass diesess der Jurisstischen Facultet zu Leipzig sich dariiber dess Rechtes belernet Welche am Ende dess Vrtelss diese wort also aussgesprochen So wird die Kuhe. University of Leipsic condemning a 1621. als abschewlich thier. near Leipsic.: Appendix 361 Record of the decision of the Law Faculty of the cow to death for having killed a woman at Machern near Leipsic. vnnd vnabgedecht begraben. daselbst Erschlagen Oder Erschossen. 102.^ da sie gleich hochleibss schwanger gang. . ^ 4. welch vnerhorten als Fall der Juncker ortes. Selstad wohnend hat sie hinder der Schafferey Erschlagen vnd begraben. col. printed in Anzeiger Vorzeit. fur Kunde der deutschen No. [Extract from the parish-register of Machern. Ao 162 1 den 20 July ist Hanss Fritzchen weib Catharina alhier zu Machern wohnende von Ihrer eigen Mietkuhe. Christoph : Hain domalss zu den 5. in Friederich Vber von Lindenau. nach Eintreibung dess Hirtenss zwischen 8 vnd 9 vhren. July 20.] Mietkuhe. a cow pastured or wintered for pay. an Einen abgelegenen oden ort billig gefiihret. auff Ihren Eigenen hofe zu Tode gestossen worden.

Thomas. : Kunde der deutschen Vorzeit. Angelis.. 1667. funny incidents narrated in this : : : Innsbruck. Poenis. and is reprinted as an appendix to the same author's L'Ordre. Arbois de Jubainville. Matthias Telae Judiciariae." to which he belonged.. 1712. aux cendres. aux bestes brutes. 1880. ist etc. Paris. Abele was evidently a great humorist. Carlo d' Bestie Delinquenti. and must have been a jolly member of the "Hochlobl. xxvii. published. The work are cited as "queer judicial procedures " in Joh.. v. 1868. 1892. April. See Thomas. Napoli. fiir Oestterreichische Geschichtsforschung. Ayrault. H. Vol. au cadaver. 1591.. Seltsame Gerichts.BIBLIOGRAPHY Abele von Lilienberg. Pierre: Des Procez inanimdes et aux contumax. Paris. aux choses Angers. p. 69. 4. Part in. Niirnberg.Handel. p. in Revue des Questions faicts Historiques. pp. Emile Curiositds judiciaires et historiques du Moyen-Age. Fruchtbringende Gesellschaft. 1858. De Delictis et Francisco Giuseppe de Opera Omnia. 102. No. Amira. Printed originally in Mittheilungen des Instituts xii. Niirnberg. small 4to. 1783. Napoli.. Weidneri Apophthegmata. Aquinas. 1891. Only Part i. 8thed. opposed to such prosecutions.. Art. 275-280. 76. d' Les excommunications Anzeiger fur : d'animaux. 546-601. Agnel. Das ist : : Metamorphosis ed. Addosio. i. No.. Karl von Thierstrafen und Thierprocesse. a la mdmoire. pp. This work is 362 .

Felix Belloc. Lyon. Rapport et Recherches sur le In Jugemens relatives aux Animaux. Nos. 1842. avec un plaidoyer centre las Lyon. W. Beaumanoir. Navarre.. Guilielmus Tractatus Criminalis. Royale des Antiquaires de 403-450. et Instruction Judiciaire. 316. v. Col.. Baer. 52. 1562. 2 5 vols. 6 10. fol. 1881. For an account of Pierre Eloge de Pierre Ayrault prononc^ devant pas cour royale d'Angers. : Opera. Ven. 1690. M.. avocat-gen^ral. : Dec. 4. Lug: : duni. New York. Philippe de Les Coutumes de Beauvoisis. 1598. a I'audience solonnelle de le rentrde 6 novembre. is views of Chassen^e. Excom.. Der Verbrecher in anthropologischer Bezie: hung. 4to. 6 vols. 1893. Boerius Decisiones aureae Parlamenti Burdegalensis. criticises the lib. 1601. etc. M.. : Bailly. The author he com- monly known as Dr. Traitd des Monitoires. Eine Studie. 1 363 Paris. a. : Benedikt. . Gehirnen. : Das Himgewicht des Menschen. Ayrault see le Lyon.Bibliography Formality. 6. Discours des Sorciers. Wien. Paris. Theodor L. Paris. Lyon. 1879. Berriat-Saint-Prix Procds et France. Consil. 1620. 1827. la Socidtd pp. Bonn. Gaspard Insects. 1880. In his De Senten. 1589. Tome viii. full This work contains a account of the method of procedure in the penal prosecution of animals. 3. 1844. 1604. AzpiLCUET A. Benedictus. : Mdmoires de BiscHOFF. 1668. . Martin Consiliorum. New edition by Le Comte Beugnot. Anatomische Studien in Verbrecher Translated into English. 1616. Leipzig. 3V0IS. 1642.

J. 1511. : Brunner. pp. .. Coutumes locales d'Amiens. Art.. H. Paris. A. Sitzungsberichte der Berliner xxxv. Matieres Criminelles. 1531. PP: : Paris. Bartholomew tractatus : Consilium Primum. New and enlarged edition. 354 358. 1785- Bibliography H : Recueil d' Arrets notables.. 3rd. 834-839. : : . Gent. BoucHEL. ed. Brillon. Amusement Philosophique Paris. 167 1. but written by the Jesuit Pere Bougeant. : Practica Nova Rerum CriminaUum. Parricidii. See especially Cap. Straf- Buchner. 1588. Paris. De Crimine Chassenee. H. BouTHORS. sur le Language des Bestes. 1835. iv. Cannaert : Bydragen tot de kennis van het oude recht in Vlanderen. August: Miscellanea Curiosa.) . quod propter jure dici potest multiplicem et et reconditam tractatur doctrinam. BouGEANT. "Ober absichtslose Missethaten im altdeutschen Strafrechte. 1739. Traits des Paris. a position corresponding to chief justice. Benedict Wittenberg. Carpzov. Bamberg. 1635. Darstellung der sittlichen und rechtlichen Beziehungen zwischen Mensch und Thier. (Chassende was afterwards first president of the Parlement de Provence. : La Bibliotheq Bestail. Liv. Dictionnaire des Arrets. Pere G. Bdtail. . ilia : ubi luculenter accurate ani- quaestio De excommunicatione malium insectorum. 1845Bregenzer. 1 71 1. p. 1686. Published anonymously. p. 31. 1890. 3 torn. Ignaz Thier-Ethik. Akademie. Laurent Droict Francois. 1894.364 Boniface. Art. i. ^ ou Thresor du 1)15..

oder Schau-Platz derer Leibes- und J. etc. Recherches sur la coutume d'exorciser at d'excommunier les insectes et autres animaux : nuisibles a Tagriculture. 1778. 308. J. 1637. Crollanza 445-899. Jean pour les : Traicte' des Peines et Amendes tant . a. etc. Les Animaux et les Lois. p. La Jurisprudence du Jurisconsult Guy Pape dans Avec plusieurs remarkes importantes par McN. MDCXciii. Nicolas torn. Lebens-Straffen. Vol. : : Histoire physique. DuLAURE. pp. ii. Anno Paris. Sive practica atque criminalis. ces Decisions. H. etc. Chap. C. Paris. 1562. Jacobi Theatrum Poenarum. 8. Dopleri. : Liv. Valence. Desnoyers. . H. Paris. Revue des Traditions Populaires. Originally published in Bulletin du comitd I'histoire his- torique des monuments ecrits de de la France. : 1712. i6io. EvEiLLON. 298. 6-13. Sondershausen. [Geneva]. Buret. iv. Dessaix. in. Matieres criminelles que civiles. Damhouder. pp. : 1890. 14. Art. civilis Clarus. v. Paris. 1573 1603. Jacques Traitd des Excommunications et Monitoires. Antwerp. DuM^RiL.Bibliography Chorier. p. Julius Opera Omnia. 436-449. 1769. 39. 712). Lyon. : 365 2 Histoire gdndrale de Dauphine. Suppliciorum et Executionum Criminalium. 1853.. pp. : Storia del Contado di Chiavenna. (11. Sect. 1880. vol. civile et morale de 7th ed. : L'excommunication des Glaciers. 1856. Jodocus : Rerum Criminalium Praxis. Rouen.

Enrico Dais : Bibliography I Nuovi Orizzonti del in seiner Diritto e della Procedura penale. "Verbrechen im Roman und auf der : : Biihne. : Inquiries into Human Faculty in its De- velopment. Georg Standpunkt der Psychologic aus betrachtet. Historia Ecclesiastica HoTTiNGER. Ed. Berlin. Heinrich : . 2. Untersuchungen iiber Verbrecher-Gehirne. Verbrechen Abhangigkeit von Berlin. Theodore Baron de Documents relatifs k I'Histoire du Pays de Vaud. stadt Oppenheim am Rhein. 153-168. F. p. 1822. ch. : Ephdmerides. M. Guidonis Papae Decisiones. Koln. 1859. Gierke. pp. Paris. Charles Traite de I'Abus. Grosl£e 1811. Humor im deutschen Recht. 1893. 2 aufl. No.23-25. : PP. Friedmann. Grimm. Franck.) Grenus. (See especially chapter iv. 38. La Criminologie. 11. Garofalo. e Domenico : Gli Errori Giudiziari. 1882. F. 1888. Flesch. : Wiirzburg.. Diagnosi Rimedi. 1844. 61. Lib. O. Wilh. : Die Krankheit des Willens vom Friedrich. 1885. : Fevret. Aug. dem jahrlichen Temperaturweschsel. 1882. 238. R.366 Ferri. Wilhelm Geschichte der Ehemaligen ReichsDarmstadt. vii. : Gottingen. Tom q. Jacob: Deutsche Rechtsalterthiimer. : Athenaische Gerichtsverfassung. : London. 1890. Miinchen. Milano. JoH. 160. 1886. Heffter. Galton. Giuriati. 1883.. 2 aufl.

De la Criminalite chez les Animaux. Vol. Gottingen. 1890. 264-67. Proceedings against Animals in 1552 and 1574. iv. 43. 552. 1702. 11. Delitto politico. 1667. in Canada. 1882. La Hontan. e le Revoluzioni in Rapporto al Diritto. etc. Torino. xv. Pierre Histoire Critique des Pratiques Rouen. Lebrun. ix. 1882. : Le Conservateur 1814. : Lebeuf. 89. p. Litteraria. Pars quaest. pp. 367 pars quarta. p. 1826. 429-436. Baron de Treats of Voyages. Superstitieuses. arztlicher. G. p. Archivio di Vol. : II Delitto negli Animali. 400. — Der L' Uomo di Genio. Torino. Lalanne.Bibliography Novi Testamenti. Suisse. 477-81. LiONNois: Histoire de Nancy. 2 vols. Nos. Revue Scientifique. pp. L. Seculum 21. a. 373. pp. Torino. Excommunication : Turtle-Doves Paris. of Lettre 79. Tigvri (Zurich). Verbrecher in . 18. anthropologischer. : Tractatus de Doctoribus. Psichiatria. i. : pp. 1889. Lausanne. 11. : Giurisprudenza Animalesca.. Cf.. 551. xi. Petrus I. 1811. 1847. LoMBRoso. 1888. L' II Uomo Delinquente.. Lacassagne. Kosmos. 1881. Brussels. i. Vermischte Schriften. Gazzetta Turin 1887. : Lessona. 46 and 48. pp. 317- Jets : Over het oude : Strafregt in Belgie. C. C. l'Abbe Histoire de Paris. fiir January 14. Zeitschrift Entwicklungslehre. Torino.. Lavanderius.... Litchknberg. 1802. C. Lersner Der Stadt Frankfurt Chronica. Curiosites des Traditions. : iv.

Mdmoires de la Socidte des Antiquaires de Normandie. xix. 1851. J. 1846. Utrecht. 1706 5 tome. M. : 1846. : Nederduitsche Regtsoudheden.. 63 sqq. e ditos sentencios espirituaes e : : : moraes. MiRAUT Newell. Tome xii.368 und juristischer Bibliography Beziehung.331-36. 1887. Leon I'Esprit des De I'Origine de la Forme et de Jugements rendus au Moyen-Age contre les Animaux. Paris. LouANDRE. Reprint in book form of a paper originally published in Mdmoires de la Socidt^ Royale Acad^mique de Savoie. : PP. Volksalmanak van het jaar 1862. Arthur L'Homme et la Bete. Marchisio. . Lisboa. 2" sdrie. Felix Tractatus de Exorcismis. The Journal of American Folk Lore (January —March. pp. 1853. Mangin. 1868. Rechter.. 1872. von M. Stuttgart. 1892). Di Dieren voor den C. ence.. Paris. 942-949. Chambery. London. und Noordewier. Bernardes Nova Floresta ou Sylva de varios Apothegmas. pp. 1747. ix. Michele: Gatte o Insetti Nocivi. : Maudsley. Deutsche Bearbeitung Hamburg. MfNABR^A. Henry Physiology and Pathology of Mind. Malleolus. : Histoire de Sardaigne. etc. F. vol. Tome v. : Article in Scheible's Das Kloster weltlich geistlich. — Turin. Vol. de la collection). O. : xii. Opzoomer. (vol. William Wells : Conjuring Rats. 1849. Charles Les Animaux dans la JurisprudRevue des Deux Mondes 1854. NoRK. Frankel. Manoel. W. 1834.

pp. Liv. les plus remarquables dans la Bourgogne. Die Personificirung der Thiere. QuiNONES. Juan de Tratado de Langostas. rats. La Scuola criminale positiva et il progetto de nuovo codice. weevils. No. This work is opposed to the theories of Lombroso : and the new school of criminal anthropologists. Venezia. p. Antonio 1886. Gli Animali in Giudizio. Papon : : etc. Fr.) Recueil d' Arrets notables des Cours Souveraines de France. Titre 7. Paris. Madrid. (vii. 1665. 1882. and birds. Theophile De Monitoriis. Dijon. Porto. 139-149. (Part 11. 1868. OsENBRUGGEN.. Eduard Studien zur deutschen und : : SchweizerischenRechtsgeschichte. 6) in his Opusc. 1620. 1839. V. Proal. Pertile..Bibliography : 369 Orano. 12. mice. 1888. Raynaud. 482. G. PiERQUiN : Traite de la Folie des celle Animaux et de ses Rapports avec actuelles. Riccius. Ortoli. Paris. La Criminalita nelle sue relazioni col clima. pp. Verona. : Atti del Reale Instituto Veneto. but states their views fully and clearly. Misc. 68. 1884. c. Based on Vernet in Themis viii. Roma. Peignot. serie vi. 77-82. Gabriel Essai chronologique sur les moeurs. 1892. Alovsius Resolutiones (408). Les Proces d'Animaux au moyen-age. etc.. : : p. . Tomo iv. Louis Le Crime et la Peine. 1827. A treatise on exorcisms of locusts. The 24 author criticises : Chassende. xxii. La Tradition. : de I'Homme et les Legislations Paris. Tom. xiv. Schaffhausen.

387. 2nd : : ed. Sauval Histoire de Paris. jydsk 1711. Seifart..370 RocH. de la Toulouse.. : RucHAT. Saint-Foix: Oeuvres. Schlesische und LausitzArrets notables du Parlement de Titre 2.. Albert suivis Proces centre des Animaux et Insectes au Moyen-age dans la Picardie et le Valois. : Rousseau de Lacombe Part I. Amstel. Testrup. Novalaise. 48a. : 487. i. : Hingerichtete Thiere fiir und Gespenster. ch. Le VkRE Gloire de I'Abbaye et Valine de la Rosarius.. Zeitschrift deutsche Kulturgeschichte. ii. Compiegne. 1858. ische Chroniken. i. : Traits des Matieres Criminelles.. ScHMiD. Vol. Sorel. Abraham Abrdgd de du Pays de Vaud. : Volksgebruik.. ScHLAGER Wiener Skizzen aus dem Mittelalter. : I'Histoire Eccldsiastique 1778. 424—30: Sloet Die Dieren in het Germaansche Volksgeloof en 's-Gravenhage. Kr.. 1654. Stark. pp. i. Roche-Flavin. 2.. Liv. Reinhold Gesetze der Angelsachsen. Vol. 1877. Vol. iii. iii. 45 Des superstitions. S. : : Rocher. Leipzig. iv. 1887. sect. 62 64) — Themis Jurisconsulti viii. Tome Thiers part 2. : Historic Rinds Herreds Kronika (Samlinger til og Topografi. K. Hierolymus Quod Animalia Bruta Ratione Utantur melius Homine. distinct. 178 — 181. : : Tome s^^. pp. pp. 1856. 8. 97. Heinrich : Bibliography Bohmische. pp. i. Vol. p. . Hermann Griechische Antiquitaten.

. De Peccatis et Poenis Brutorum. vol. Vivid. 1875.. 256. 2. i6io. ii. ii. : : : 1599- Vernet : Lettre .. art. : : 371 Vol. 1599. A dissertation on graduating at the University of Upsala in Sweden. 412 : sqq. B. The'mis. Thomas Praxis Episcopalis. 198 sqq. Leonardo De Fascino libri tres. 1827. Bruxelles. 1884. fetudes sur I'Histoire du Droit Criminel. Vairo. 68. 1893. ToRNiNG. pars. Christianus J. Vol. pp. Francesco No. De Winde: : Superstitio. Sub verbo Decisiones. 1869. 1725. Rdpublique Athdnienne.. Bern. Venet.. Thierprocesse in der Schweiz. pp. Middelburg. May 25. Ixxvi. Eigen Haard. G. : sur les Proces faits aux Animaux. la Le Droit pdnal de pp. Zerola.Bibliography Thomas Aquinas J. Summa Theologiae. 45 — 61. etc. Thonissen. Van Haaften Die Dieren als misdadigers voor den Rechter. . Byzonderheden uit de Geschiedeniss van het strafregt in de Nederlanden. ToBLER.. viii. Venet.


his severe punishment by Joshua. made more effective 37 by the prompt payment . . of tithes. Prof. 93-124. 16. 14. 4. 1-3. 14 . Jean. citations from the 36 Bible in proof of their power. personi5» 6. 2 . and in science green. 160-163 methods of procedure against. 30 . INDEX Abbott. services. 193 instances of their criminal prosecution. . 61. his Bestie Delinquenti cited. as bom criminals. 135 on pigs as a public nuisance in Italy. and excommunications. burned alive as a Sodomite for coition with a Jewess. 153 Altiat. 134-157. 29 . . . 21. 12 . office of the Church in repressing articulate and and ecclesiastical rodent. gards bad impulses re- to swallows disturb and flies. 28 fatal . 27 turn white bread black to punish heresy. 180 Addosio. 18. . as which religious suggestions of evil spirits. punitive and 37: . 53 by Paris civil Animals. hurled against noxious vermin. as satellites of Satan or agents of God. sold by the Pope. 25 render an orchard barren and expel eels and blood-suckers from Lake Leman. 3. 67 . 37 differ from excommunications. Rev. fication of. only effective when formally complete. 82. 4 his list of animal prosecutions. superseded in Protestantism by prayer and fasting . 5 . 1 1 . 137 Anathemas.. 51-54. 174 Ahuramazda. 93 Amira. Carlo d'. Karl von. 28. his Thierstrafen und Thierprocesse cited. 172 iEschylus. 31 whether legally laity or . 159 iEschines. prosecuted by courts. i. Lyman. tendency of modern penology to efface the distinction between men and. 32 . 57. 176 Alard. origin of their judicial prosecution. clergy. 52-57. 76 Achan. cited. their competency as witnesses. his Choephoroi cited. his poem quoted. as with all incantations . 37-50. 10. II .

168 cruel doctrine of accessories.. 40 . cited. Basilius. 66 in folk-lore. confiscation of valuable." moral fly-god. 94. 140-143. 165 Bailly. 133 Angel. 247 . Martin. its retri. J35-137 burned and buried alive. Father. 169 . Pierre. their consciousness of right and wrong. his protest against animal prosecutions. 61. on exorcisms. 57 on mad dogs. Emile. 9 banished to Siberia by the Russian Governmentj Anthony. its butive character. 183 Bassos. 84 . 234 . Kassianos. can be anathematized. 53 Augustine. 36 preventive prosecution of. his insect-expelling girdle. sweet and stenchy.. 138 put to the rack to extort confession.. the safety of society the supreme law in the judicial punishment of men and. . 178 on tainted swords. 52.. his preference for black beasts. Prof. but not excommunicated. 49. . " Basilisk-egg. 247-252 Anatolus. 33 . Ivan. Bell. . unclean flesh of executed. St. six categories of their criminal offences. 189 . . 35. mental and . 158 criminal Anthropologists. 211. researches of. 82 57. 109 Azpilcueta. 51 items of expense in prosecuting. his conception of retributive justice. Navarre. false conception of the purpose of their prosecution. modem and mediaeval use of vermifugal. 132 Beasts. 212. 176 . on the brainformation of criminals . criminals as 177 ferocious. his Traitd des Monitoires 92-108 cited. tainted honey of homicidal. prefers rat-bane to adjuration. qualities of men and. 124 Anglo-Saxon law. 85 p>erfect lists of prosecuted. 139. 138. 75 Avesta. 164. 215 175 Benedikt. 179 Ashes. 187 . 55 Bees. See Dr. his "Geoponics. worship of. . Aquinas. Baal-zebub (Beelzebub)." 10 St. on good and evil creations. 106 Aura corrumpens in houses and stalls. 374 Index See Thomas Arcadius. not mere machines. Gaspard. 59. 235 . Angro-mainyush. St. on diabolical possession. patron of pigs.. Ayrault. his atrocious edict. im84 . imputed criminality of. 136 Basilovitch. cited. 8 Aurelian.

88-90. Prof. ment Philosophique 66-69 . his Nova Floresta. responsibility for. 2. St. . its severe penalties. 59 Canute. 2. the. 161 Calvin.. Dr. his Consilia. cited. sexual intercourse with a Jewess regarded as. as weight of 218 deodands. his curious theory of the effects of unexpiated crime on persons and property. Buggery. . 178 Carolina. 127 Boer. 186 Brain. 6-8 his recent brochure in defence of exorcisms. kills flies by cursing them. Dr. in the Carolina punished with death by fire. on 186. air. 20 list of prosecuted animals. presides as judge in a trial of vermin.. his defective cranium. she-ass acquitted to and man condemned 73 Bischoff. William Hand. 21-23 > dis- Borromeo. 217 Bischofberger. Nicolaus." an advance in penal legislation. his valuable researches. Bartholomew. Francois." 147153 . Berriat-Saint-Prix. 155 Bonnivard. his conception of God. his Amuse- tinguished as a defender of prosecuted rats. 80. Carlo. 182 Carpzov. 150 . 208 Bougeant. its size not always a measure of mental capacity. 245 Bernard. equal rights of rats and Waldenses recognized by. 375 cited. 153 Bull. Blackstone.. 209 Bodelschwingh. 192 Blood-letting. 152. 151 bewitched 8 by bad Boehme. his cruelty in punishing heresy. 194 " Blue Laws. 18 . homicidal beasts executed by the. Claude. on cohabitation with a Jewess as sodomy. on the curative power of faith. his definition of magic. 167 Character. executed for murder. 17. Benedict. Dr. P^re. 217-219 Browne. . \2ii. infernalis^ 91 my. 243 Charcot. his bacillus in refuted by the his own brain. 239. a panacea law and medicine.Index Bernard. King. 151 in the Mosaic law. 167 on deodands. his idea of the physiologist. 189. 225 Chassenee. 187 135-137 Bichat. 28 Bernardes. 92 Bracton. . 38 Cervantes. his hobby death for. instances of this "nameless crime. . Jacob. Theobald. on sodoCattle. 153 Bogos. 219 . Manoel. 80-86. factors in the formation of.

174 Church. vermin. 247 . his definition of . 68-70 . 70 . 211. brains not always abnormal. 219 sentenced to death. 122 Crosiers. this work. 228 Corpses. regards intercourse with sexual Jews. their picture of animal crimes in his Rerwn Criniinalium Praxis. and Saracens as sodomy. 7 the spread of Christianity. 192 . 235 animals conscious of.. examples of imancient puted. . 177-185 and mediaeval conceptions punished for the of. 199. 181 Courcelle-Seneuil. motives underlying 230 animal." in theology and law. its power to stay the ravages of vermin unquestioned. supposed physical indices of. Devils. 16 citations from . 59 . 24 his absurd deductions. 22. 109. 146 . cannot inherit. prosecuted and executed. 192 abolished in England under Queen Victoria. his view of prisons. the. lor atrocious of approval penalties. 169 Cranks. 31 . contagiousness of. 256 CroUanza. cited. 376 . burned at the stake for laying eggs. recent beheading of idols for murder. . .. . no "Corruption of blood. his record of the prosecution of caterpillars. 11. 215 the result of hypnotism. of. nate in every babe. 223-225 due to many uncontrollable conditions. . cited. 3-6 capital punishment never inflicted . Jacobus. 10. 30 against invoked Cybele. 26 regards animals as laity in the eye of the law. nature of. . ativism the source of. 32 Chinese. 172 Deodands. its treatment of noxious insects as incarnations of Satan and as agents of God. 213-217. . 212. 212 Cows. . 200 . 248 . 80 torments after the Last incarJudgment. vermifugal e65cacy . 252. executed for homicide. execution of. casual and constitutional. 163 Coleridge. compared to vitriol. 20 his erudition. 133 Damhouder. madman. 178 Cock. 198. 251 Criminality. 12. Parsi. . 17 Cretins. 212 . 50 his Cicero. Demosthenes. Zarathushtra's teachings degraded by the. Index safety of society. 186-190. 249251 Cretella. . . 214-223 by. 153 Dasturs. Turks. 163-5 Cockatrice. destined to eternal 13. no.their damage to landed multiplied by property. 162 nature and origin of its supposed eggs.

175 Dogs. appeasing the. describes hell as very cold. 136 Fly-flaps. Pope. their efficiency recognized by Heidelberg professors. his corpse tried 210 Elk. 90 and condemned for Erechtheus. 152 on Lex talionis. bell banished to Siberia for rejoicing over his assassination. Jean. hammedans. conjuration of. 125 . 218 Fox. 240 Duret. his law punishing weapons. a sort of treason. conjurations Protestants. 253 Field-mice. Feuchtersleben. the protector of houses from fire. 105 Eustace. on sodomy. See Suicide 190. papal. properly speaking. prosecutor of weevils. 29 Formosus. diabolical nature of the 56 . records cases of morbid imitation. Eusebius. pronounced against insects by the Church. trial and execution of mad. . 128. 169 Flies as demons.. 30 . 28. 172 Dreyfus. in Scotch law. St. 170 Eldrad. Falcon. Pierre. Mosaic law and discusses crime from a psychiatrical point of view. 86 Florian. rejects the tribunal. as demon. ^^^ Anathemas . . St. 3 sold at . 56 Evolution. Dumas. 38 Felo de se. 177 Dopier. 197 Dove. his Count of Monte Christo cited. 72 . 72 superseded . defender of weevils." Dimitri. Jacob.. 50 Electricity. "Geoponics. 57 Draco (Drakon). expels serpents. symbol of the Holy Ghost. punishment of deadly weapons. 174 Escheat. dogma of original sin supplanted by the doctrine of.Index maladies produced by. his prosecution instigated by a sensational . 38 Pierre. Ugo. 133 Flesh of executed animals tainted. execution by. 172 Erinnys. his cranium that of an idiot. 198 Foscolo.. St. 189 usurpation. 253-255 Ducol. 51. Exorcisms. 137 by among by Mo- novel. zn modern inventions the vices of. 27 applied as plasters. Prince. Baron Von. de- 229 his Didymos. 232 Excommunications. 176 crucified in Rome for imputed crime. Rome. 100. his Treatise on Pains and Penalties^ 108 Ecclesiastical an. animals not subject to. comical survivals of. 182 on vampires.

expels venom from serpents by excommunication. deterrent effect of his execution.378 Index Felix. incarnations 41-49 demons. 174 Hypnotism. 162 Hubert. symbolism of the. 204-206 difficulty of de226-228 in English law. . chancellor and prosecutor of inger. 225 . 124 Galton. See Malleolus Hens. episcopal Heymanns." Hugon. their superstitious fear of killing wild animals. condemned to death for homicide. 177 Genius. prosecuted and put under ban. 125 Gratiolet. Valerius. 116 rescript against. Harpokration. 128 Gross. on bronze dormice and serpents as talismans. his penal reforms. Thiiring. '> and German law. his mis-statement concerning the cock of Bile. cited. 223-226 as the basis of the witchcraft delusion. 37. . 250 as a shelter for crime. 103 218 Greeks. degrees of. 239 Gambetta. 174 Gregory of Tours. cited. as protectors of hens. on the brain of the " Hottentot Venus. not in Noah's Ark. 56 Hawks. 256 fining. to madness close allied. his atrocious edict. 207 Fricker. on heredity. crowing. his small and abnormal brain. 9. Miss. 217 Geese. 249 Honorius. St. recent case of conjuration recorded by. on 243 re- sponsibility for character. dead. 120 Insanity. 252 Insects. the efficiency of bans not supernatural. Hierarchies. 10 Heredity. ancient. sacred. 11 3-1 15. 162 Guiteau. 204 of in. Mynheer. 174 Inger. its predetermining influence as viewed by theologians and scientists. . . 200-203 in Italian . Hemmerlein.. St. Gadflies. its causal relation to crime. their failure in civil government. 179 Horses.. Daniel. Hunters among savages. 56 228 Gorres. 187 Hart. doctor of laws. 86 Italy. 250 Idols. rewarded at Rome for the vigilance of their foremothers. palliation of crime 203. prosecution of. ascribed pestilence to the miasma of unexpiated murder. 232 Frederic the Great. 132 Greysser. 246 moral. decapitation of. . 172 Harrison.

223 . 93. 254 Lex talionis. on hereditary crimin- Lombroso. Kukis. 175 Liszt. writhes under the water of Lourdes. 215 . striking applicainflicts tions of this oldest form of penal justice. 169 Leo XIII. 163 Le Bon. 238 Lacassagne. 86 Maledictions. 235 Pierre Gilles. . ality ality. 94 . his curse fatal to fish. 185 . punished by imputation. 64 . 71 Franz nervous ment of beasts.. 73 Majolus. 22. decision of the Law Faculty concerning a homicidal cow. 152. 240-246 Jews. expelled by exorcisms and aspergeoires. his penal cruelty. her comania. his dissertation proving that cocks never lay eggs. on animals as born criminals. dispersed and destroyed by excommunication. 171 Laas. 28 Jonson. fresco of the execution of a sow described by. his definition ofjudicial punishment. on retributive and preventive 237 penalties. 136 Pater Lohbauer. horrible mutilations. as signs of criminality. Von. the. 180 toxi- 379 Letang. cited. Von. Prof. 251 Lucifer. Father. 219 Koran. 130 Jordan. prosecution of. 213 . urges reform of our penal codes. Marie. 171 diabolical destroy homicidal trees. 165 John the Lamb. regards tattooing. 74 Jorgensen. 14 opposed to trial by jury. Xaver. on ativism as the source of innate criminnot eradicated by education.Index Jeanneret. 74 Lycia. Louis. in Christian legislation on a par with beasts. 223 Leipsic. cited. cited. 141 Lapeyronie. 3. 17 Joshua. dark thick hair and thin beards. 182 Lilienberg. See Anathemas . Ben. Prof. Langevin. his record of a dog sentenced to prison. on the punish- Locusts. his exorcism of Satan and apostate angels.his six categories of crime. King Mode. causal relation of his novel to the Dreyfus affair. with his discourse 55 Queen Reason. 167 . ascribes to disease possession. casts out devils with Lourdes water in 1887. Mathias Abele Von. Kirchenheim. compares the capital punishment of cretins and cranks to that of animals. 180 crime. 95-108.

theory untenable. Malleolus. Manouvrier. 40 Mephistopheles. Narrenkotterlein. morbific influence of sensational. Claude. Eduard. his M. on the causes of suicide. flies. on metaphors as facts. 168 Novels. Dr. 17 Ovid. 229 tenced to a. Pompilius. Cotton. frequency of. the lord of rodents and vermin. ." 245 64 . 183 believed in the ultimate redemption of Satan. Mangin. 253 Numa 106 . barbarity of. the. 158 Monomania. 27 records a prosecution of . 180 9. quoted. 38 Mornacius. 172 Noah. 68 Osenbriiggen. Manu. 176. Spanish formula serpents. 176 Morselli. imperfection of. loi. miasma 190 of. in modem life. 168 dog sen- Marro. their of good and evil. monstrosities and metamorphoses of classical. as landed proprietors in France. 2. 175 Nature. doctrine 60 Mutilations. 167. 10. 217 Mantegazza. experiments with poisons. 216 Mather. Arthur.. 182 Mythology. defender of weevils. rejected by an ecclesiastical court. regards fish as cacodemons. 174 .. 148 Menebrda. Murder. his weapons tainted by. his theory of exorcisms endorsed by Heidelberg professors. 85 Mithridates. 170 . 227 Morel. 6r Navarre. 244 Moles. quoted. iii113 Monks. in accordance with the Lex talionis. Felix. cited. his " tormentatore. 228 Naquet. likens Gambetta's skull to that of a savage. 139 Manicheans. his theory of the personification of animals. Prof. Dr. Institutes of. prosecution of. a satanic metamorphosis. Prof. regards criminals as no more culpable than poisons.38o Index Mosaic law. God's covenant with him required the capital punishment of beasts. 63 Nikon. his law for protecting boundary stones. 212. his record of mad dogs sentenced to death. 17 .. his statue punished for manslaughter committed in self-defence. 90 Nebuchadnezzar.. 187- for 121 banning 16. L. 103 Origen. no. records the execution of pious a Sodomite and eight beasts.

209 Pythagoras. 219-223. St. 61. 7 Pigs. 237 still 257 . in Italy . and Germany. 59 co-workers of Ahuramazda. market value of. 87 Queen . 14. 248 Pereira Gomez. 172. letting Blood- 183 PACHACUTEZjbarbarous code of this Peruvian Justi- nian. her discourse on animals in reply to King Mode. Reason. 361 Ram. deterrent aims of. cited. . executed. 62 Patriotism as a perverter of justice. 130 . punitive and prevenits relation to tive. a pious Sodomite executed. Pico di Mirandola. 56-58 his psycho-pathology. but not corpses. banished to Siberia. 179 Papal See. 172 Potter. 82 . no doctrine of atonement. Julius. See Swine Pirminius. 168 ished although innocent. 210. Jean. inchoate. 185 Pausanias cited. on homicidal animals. 15. 63 Pasteur. 198 Pape. 118 caricature of in Les Plaideurs. forerunner of Descartes. Index punOxen. 108 Paracelsus. 221223 . 256 Puritans. 205 Prytaneion (Prytaneum). his theory of creation. on contagiousness in crime. mediaeval and modern. 66 Perjury. quoted. Guy. on the magnetic power of the will. . 172 Penology.. 182 Perrodet. 175 Randolph. their Dasturs. 59 . 248 Parsis. 248. beast trials rhymmgrats. 2062 10 . 1 5. 103 Piety. 237 Pliny. his anathema of venomous reptiles. condemned inanimate objects for crime. 232-234 Prussia. their penal enactments. his allusion to Racine. 29 Plato. 173 . quoted. trial and punishment of corpses by the.. 211. quoted. 203-206 brutality of mediaeval. 103 Pollux. his doctrine of transmigration. exterminates noxious microbes. 206-209 moral and penal responsibility. 166. 381 See Phlebotomy. barbarous punishments. retaliative punish- ment of. 148 Predestination in theology and science. opposed to reform. 199 Pufendorf. Samuel. 126 Pardoning power. 193. on retributive and preventive punishment. 200. 180. exercise of the. law of the survival of the fittest in. man and beast in modern. 249 . defender of inger.

alludes to " berhymed" rats. 199 Suicide. Schwarz Mining. 1 57 Silius Italicus. 57 Renaud d'AUeins. his sermon on the devastations by inger. its influence on criminal jurisprudence. quoted. condemned as a 190. . rats. 65 prosecutes the corpse of his predecessor. 14 Swallows. its punishment of homicidal timber. 60. quiddities of. adjures locusts. 120 Schlager. an imp of Satan. penal. 68 Schilling. 14 Ro-ro-ro-ro. 113. 210 moral and Reusch. an anti-semitic devil cast out in 1842. Fr. fostered by Schopenhauer. 103 Shakespeare. man's responsibility for alone. 20 Responsibility.. German barbarity code. 113-115 Scholasticism. 191. 130. 17 Sparrows. 147 Serpents. prosecution of. 18-21. 70 . 234 Sodomy. Schleswig.382 . 127 . and a wolf on the gallows. 1 30 Raven. his theory of the will. Prof. scribes Hierolymus. Eldrad. of this old 178 Rats. Dr. Bernard. cited. Socrates. 16. cited. 140- . 103 Simon. execution of. origin of the term. deexposure of crucified lions and gibbeted wolves as a warning to regards their kind. anathematized for chattering in church. 253 Sociology. friendly letters of 1 36 Irish cusadvice to. Index Schwabenspiegel. punishment of the wife and children of a. the doctrine of his final redemption. 28 Swine. 192 influences. 238 . 128 Stephen VI. 33 Superstition. 129 tom of rhyming. Max. 243 character bishops and Jesuits. Pope. Hugon. his earthly sovereignty. 239. crime and also recognized due as a right. as promoters of superstition. on the prosecution of inger. on self-perfection. strangled in prison. 252 the . 73 Rosarius. destroyed by St. 112 Schweinfurter Sauhenker. prosecutor of moles. on equal rights of Waldenses and . 51 freed from poison by St. on the morbid spirit of imitation. 176 Soldan. 251 animals as often more rational than men. 198 . Heindenounces bishops rich. manifold to 229 . See Buggery Satan. put under ban by a Protestant parson. 187 Schmid.

88. Richard. 107 Tobler. loi. 8 Vermin. of the liarly attractive to devils. 195 . proper office of Taine. 53-55. Goethe's. prosecuted by Franciscans in Brazil and praised by their defender as more industrious than the friars. 165 Swords. Tschech. 63 " bewitched Ventilation. as demons. tainted. his mob criminal. not criminals. 232. 26 Weevils. defines the mad beast. 165 Gadarene. decree for their extermination. 211. G. his Were rescript flies. 198 Thomas Aquinas. his bottled scorpions and elk feared Wemding. concerning gad- 125 . 172 Thomas k Becket. quoted. 187 cursing of the fig-tree. incarnate ghosts. importance 75 of the prompt payment of. 91.149. 213 peculiar to Termites. communities.Index as 383 justification 145.153-157. his bones burned by Henry VIII. 198 Weriher. 170 Treason. 94. 195-198 Vendetta. his 214 definition of man. damage 49 prosecuted for to vineyards.wolves. 253 Winterstetter. quoted. 1. 90 Tithes. 38recent case possession Thumeysser.. and Judaic law. executed. 106 Theognis. Trench.161. sentimentalism and suicidism produced by. 25 Treufels. See Insects Virgil. on Satan's invisible apparition.181 . and his innocent daughter exiled for his crime. 236 Tatian.169. in semi-civilized Vampires. stenchy beasts pecu. 75 Tribunals. 56. 166 fellow-citizens punished for his offences. 103 records the rejection of the Mosaic law by the ecclesiastical court of Berne. as a Tarde.. diabolical of in. 248 Tritheim. 178 Venidad. his bust punished for murder. quoted. his belief in the exorcism at Wemding in 1891. on animal prosecutions in Switzerland. kine " the result of bad. barbarously punished by Roman. 179 Tiirler. 123 Tertullian. 170 superstitions concerning. Georg. Richard his Chevenix. 69. 37. regarded animals only as diabolical incarnations. 180 Tattooing. Prussian. 179.

on partial vitiation of mind. 145 . Limited. Richard Clay G^ Sons. 201 . 57-59 harmless 196 by Worms. rendered burning. 237 Zupetta.384 Witches Index Zarathushtra his ethics (Zoroaster). 9 Zoopsychology. Council of. . in its relation to anthropopsychology and criminology. animals. its decree concerning tainted honey. on a par with and its workings. in Judaic and mediaeval law. London and Bungay.



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