The Criminal Prosecution and Capital Punishment of Animals

Abstract

Sources-Amira's distinction between retributive and pre- ventive processes-Addosio's incorrect designation of the latter as civil suits-Inconsistent attitude of the Church in excommunicating animals -Causal relation of crime to demoniacal possession-Squatter sovereignty of devils -Aura corrumpens-Diabolical infestation and lack of ventilation -" Bewitched kine "-Greek furies and Christian demons-Homicidal bees, laying cocks and crowing hens-Theory of the personification of animals -Beasts in Frankish, Welsh, and old German laws -Animal prosecutions and witchcraft-The Mosaic code in Christian courts-Pagan deities as demons-Bom malefactors among beasts-The theory of punishment in modem criminology p. \ CHAPTER I BUGS AND BEASTS BEFORE THE LAW Criminal prosecution of rats -Chassende appointed to defend them-Report of the trial -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 fig-tree at Bethany justified and explained by Dr. Trench-Eels and blood- suckers in Lake Leman cursed by the Bishop of Lausanne with the approval of Heidelberg theologians -White bread turned black, and swallows, fish, and flies vi Contents destroyed by anathema-St.Pirminius expels reptiles -Vermifugal efficacy of St. Magnus' crosier-Papal execratories -Animals regarded by the law as lay persons, 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. Jean-de-Maurienne extending over more than eight months-Untenableness of Menebrea's theory -Summary of the pleadings-Futile attempts at com- promise-Final decision doubtful-St.Eldrad and the snakes -Views of Thomas Aquinas-Distinction be-tween 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 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 tat 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 eaten^-Athenian laws for punishing inanimate objects -Recent execution of idols in China-Russian bell sentenced to perpetual exile in Siberia for abetting in- surrection-Pillory for dogs in Vienna-Treatment prescribed for mad dogs in the Avesta-Cruelty of laws, 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 Mary- land 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. i8