QUEER CULPRITS

According to Jewish law, “If an ox gore a man or a woman that they die,

then the ox shall be surely stoned, and his flesh shall not be eaten: but

the owner of the ox shall be quit.” After giving this command, Moses

proceeds to enforce the doctrine of the responsibility of the beast’s

owner, and to ensure his punishment, should he wittingly 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 sow and

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, 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 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.

1389. A horse tried at Dijon, on information given by the magistrates

of Montbar, and condemned to death, for having killed a man.

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 hanged, 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 taking 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:--

Curiosities of Olden Times · 第 33 / 63 题