Thursday, January 9, 2014

Animals on trial

By way of Juris Diversitas, I came across Nicholas Humphrey's "Bugs and Beasts Before the Law" on The Public Domain Review. Discussing The Criminal Prosecution and Capital Punishment of Animals by E.P.Evans (1906), Humphrey writes:
Evans’ book details more than two hundred such cases: sparrows being prosecuted for chattering in Church, a pig executed for stealing a communion wafer, a cock burnt at the stake for laying an egg. As I read my eyes grew wider and wider. Why did no one tell us this at school? Why were we taught so many dreary facts of history at school, and not taught these?
Canute
We all know how King Canute attempted to stay the tide at Lambeth; but who has heard, for example, of the solemn threats made against the tides of locusts which threatened to engulf the countryside of France and Italy? The Pied Piper, who charmed the rats from Hamelin is a part of legend; but who has heard of Bartholomew Chassenée, a French jurist of the sixteenth century, who made his reputation at the bar as the defence counsel for some rats? The rats had been put on trial in the ecclesiastical court on the charge of having “feloniously eaten up and wantonly destroyed” the local barley. When the culprits did not in fact turn up in court on the appointed day, Chassenée made use of all his legal cunning to excuse them. They had, he urged in the first place, probably not received the summons since they moved from village to village; but even if they had received it they were probably too frightened to obey, since as everyone knew they were in danger of being set on by their mortal enemies the cats. On this point Chassenée addressed the court at some length, in order to show that if a person be cited to appear at a place to which he cannot come in safety, he may legally refuse. The judge, recognising the justice of this claim, but being unable to persuade the villagers to keep their cats indoors, was obliged to let the matter drop.
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The outcome of these trials was not inevitable. In doubtful cases the courts appear in general to have been lenient, on the principle of “innocent until proved guilty beyond reasonable doubt”. In 1587, a gang of weevils, accused of damaging a vineyard, were deemed to have been exercising their natural rights to eat – and, in compensation, were granted a vineyard of their own.

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