Curiosities of Olden Times
placed before the ordinary tribunal, and given over to execution.
Again: an inroad of locusts or snails takes place. Common law is helpless, it may pronounce judgment, but who is to execute its decrees? Temporal power being palpably unavailing, the spiritual tribunal steps in; the decision of the magistrates being useless, perhaps excommunication may suffice. This, then, was an established maxim. If the criminal could be reached, he was handed over to the ordinary courts of justice; if, however, the matter was beyond their control, he fell within the jurisdiction of Ecclesiastical Courts. Poor culprit, not a loophole left by which to escape!
Let us consider the manner of proceeding under the former circumstance. A bull has caused the death of a man. The brute is seized and incarcerated; a lawyer is appointed to plead for the delinquent; another is counsel for the prosecution. Witnesses are bound over, the case is heard, and sentence is given by the judge, declaring the bull guilty of deliberate and wilful murder; and, accordingly, that it must suffer the penalty of hanging or burning.
The following cases are taken from among numerous others, and will afford examples:
A.D. 1266. A pig burned at Fontenay-aux-Roses, near Paris, for having devoured a child.
1386. A judge at Falaise condemned a sow to be mutilated in its leg and head, and then to be hanged, for having lacerated58
