let a dangerous animal run loose; also to make provision for his security under some extenuating circumstances. These commands were carried into the laws of mediæval Europe; the jurists, at the same time, introducing refinements of their own, and enforcing them in numerous cases, which afford matter for curious inquiry, and are full of technicalities and peculiarities, at once amusing and instructive, as throwing light on the customs and habits of thought in those times.
Now take the case of a child injured by a sow, or a man killed by a bull: the trial was conducted in precisely the same manner as though either sow or bull were morally criminal. They were apprehended, 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, it was handed over to the ordinary courts of justice; if, however, the matter was beyond their control, it fell within the jurisdiction of Ecclesiastical Courts. Poor culprit, not a loop-hole 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, must suffer the penalty of hanging or burning.
The following cases are taken from among numerous others, and will afford examples:—
1389. A horse tried at Dijon, on information given by the magistrates of Montbar, and condemned to death, for having killed a man.
1386. A judge at Falaise condemned a sow to be mutilated in its leg and head, and then to be hung, for having lacerated and killed a child. It was executed in the square, dressed in man’s clothes. The execution cost six sous, six deniers, and a new pair of gloves for the executioner, that he might come out of the job with clean hands.
1499. A bull was condemned to death at Cauroy, near Beauvais, for having in a fury “occis” a little boy of fourteen or fifteen years old.
A farmer of Moisy let a mad bull escape. The brute met and gored a man so severely that he only survived a few hours. Charles, Count de Valois, having heard of the accident whilst at his château of Crépy, ordered the bull to be seized and committed for trial. This was accordingly done. The officers of the Count de Valois gathered all requisite information, received the affidavits of witnesses, established the guilt of the bull, condemned it to be hung, and executed it on the gibbet of Moisy-le-Temple. The death of the beast thus expiated that of the man. But matters did not stop here. An appeal against the sentence of the Count’s officers was lodged before the Candlemas parliament of 1314—drawn up in the name of the Procureur de l’Hôpital at Moisy, declaring the officers to have been incompetent judges, having no jurisdiction within the confines of Moisy, and as having attempted to establish a precedent. The parliament received and investigated the appeal, and decided that the condemnation of the bull was perfectly just, but found that the Count de Valois had no judicial rights within the territory of Moisy, and that his officers had acted illegally in having taken part in the affair.
Here is a list of the expenses incurred on the occasion of a sow’s execution, for having eaten a child:—
|
To the expenditure made for her whilst in jail
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
6 sols. |
|
Item. To the executioner, who came from Paris to Meulan to put the criminal to death, by orders of the bailiff and the Procureur du Roi
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
54 sols. |
|
Item. To a conveyance for conducting her to execution
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
6 sols. |
|
Item. To cords to tie and bind her
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
2 sols. 8 deniers. |
|
Item. To gloves
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
|
2 deniers. |
The charter of Elenora, drawn up in 1395, and entitled “Carta de logu,” containing the complete civil and criminal code for Sardinia, enjoins that oxen and cows, whether wild or domesticated, may be legally killed when they are taken marauding. Asses convicted of similar delinquencies—common enough, by the way—are treated more humanely. They are considered in the same light as thieves of a higher order in society. The first time that an ass is found in a cultivated field not belonging to his master, one of its ears is cropped. If it commits the same offence again, it loses the second ear; should the culprit be hardened in crime, and inveterate enough to trespass a third time, it is not hung, does not even lose its tail, but is confiscated to the crown, and goes to swell the royal herd.
During the fourteenth and fifteenth centuries, the guilty animals suffered death on the gallows, and our sires considered that such a punishment must strike terror into the minds of all cattle owners and jobbers, so as effectually to prevent them from suffering their beasts to stray at large over the country. Later on, however, these capital condemnations were done away with, the proprietor of the animal was condemned to pay damages, and the criminal was killed without trial.
One more specimen, and we shall pass to cases coming under Ecclesiastical Courts.
Country folk believe still that cocks lay eggs. This is an old superstition, people holding, formerly, that from these accursed eggs sprang basilisks, or horrible winged serpents.
Gross relates, in his “Petite Chronique de Bâle,” that in the month of August, 1474, an abandoned and profligate cock of that town was accused of the crime of having laid one of these eggs, and was brought before the magistrates, tried, convicted, and condemned to death.
The Court delivered over the culprit to the executioner, who burned it publicly, along with its egg, in a place called Kohlenberger, amidst a