_Peine forte et dure_ was not abolished till 1772, and was frequently

undergone by accused persons in order to preserve their estates from being

forfeited to the Crown, which would have been the case if they had stood

their trial and been found guilty. The year 1741 is probably the last date

on which the punishment was inflicted. In 1721, two men, Thomas Cross and

Thomas Spigot, were ordered to be pressed to death at the Old Bailey.

Cross gave in on seeing the preparations made for his torture, but Spigot

was made of sterner stuff. In the "Annals of Newgate" is a description of

his sufferings:--"The chaplain found him lying in the vault upon the bare

ground with 350 pounds weight upon his breast, and then prayed by him, and

at several times asked him why he would hazard his soul by such obstinate

kind of self-murder. But all the answer that he made was--'Pray for me,

pray for me!' He sometimes lay silent under the pressure, as if insensible

to pain, and then again would fetch his breath very quick and short.

Several times he complained that they had laid a cruel weight upon his

face, though it was covered with nothing but a thin cloth, which was

afterwards removed and laid more light and hollow; yet he still complained

of the prodigious weight upon his face, which might be caused by the blood

being forced up thither, and pressing the veins as violently as if the

force had been externally upon his face. When he had remained for

half-an-hour under this load, and 50 pounds weight more laid on, being in

all 400 pounds, he told those who attended him he would plead. The weights

were at once taken off, the cords cut asunder; he was raised by two men,

some brandy was put into his mouth to revive him, and he was carried to

take his trial." In 1735, a man, who pretended to be dumb at the Sussex

Assizes, was sent to Horsham Gaol to be pressed to death unless he would

plead. He endured in agony a weight of 350 pounds, and then the

executioner, who weighed over 16 stones, laid himself upon the board upon

which the weights were placed, and killed the wretched man instantly.

Trials of Animals.

BY THOMAS FROST.

One of the most singular features of the jurisprudence of the middle ages,

and one which was retained in the French code down to nearly the middle of

the last century, was the indictment of domestic animals for injuries

inflicted on mankind. The records of the criminal tribunals of France

disclose ninety-two such judicial processes between 1120 and 1741, when

the last of these grotesque trials took place in Poitou. The practice

seems to have been based on the Mosaic law, it being there ordered that,

"if an ox gore a man or a woman that they die, then the ox shall be

stoned, and his flesh shall not be eaten." (Exodus, c. xxi., v. 28.) Oxen

and pigs were the animals that most frequently were the subjects of these

strange proceedings, the indictment against the former being for goring

persons, while the latter suffered for killing and sometimes devouring

very young children.

The earliest instance of which any particulars can be gathered occurred

in 1314, when, according to M. Carlier, who relates the story in his

history of the Duchy of Valois, a bull escaped from a farm-yard in the

village of Moisy, and gored a man so severely that death ensued. The Count

of Valois, being informed of the fatility, directed that the bull should

be captured, and formally prosecuted for causing the man's death. This was

done, and evidence was given by persons who had seen the man attacked and

killed. The bull was thereupon sentenced to suffer death, which was

inflicted by strangulation, after which the carcase was suspended from a

tree by the hind legs. But the affair did not end thus, for the sentence

was appealed against, probably by the owner of the bull, on the ground

that the retainers of the Count of Valois had no legal authority to

execute the sentence. This plea was debated at great length, and the

provincial parliament eventually decided that, though the sentence was a

just one, the Count of Valois had no justiciary authority in the district

of Moisy.

Next in the order of time comes the trial at Falaise of a sow which had

torn the face and arm of a child, from the effects of which injuries it

died. The sow was condemned to be mutilated in the head and one fore leg,

and afterwards to be strangled, which sentence was executed in the public

square of the town. This was in 1386. Three years later, a horse was

condemned to death at Dijon for having killed a man. In 1403, Simon de

Baudemont, lieutenant of Meulan; Jean, lord of Maintenon; and the bailiff

of Mantes and Meulan, signed an attestation of the expenses incurred in

the prosecution and execution of a sow that had killed and partially eaten

a child. The following is a copy of the document, to which it may be added

that the story of the trial and execution may be found in the "Curiosites

Judiciaires et Historiques du Moyen Age" of M. Aguel:--"Item, for expenses

within the gaol, 6 sols. Item, to the executioner, who came from Paris to

Meulan to put the sentence in execution, by command of our Lord the

Bailiff and of the King's Attorney, 54 sols. Item, for the carriage that

conveyed her to execution, 6 sols. Item, for ropes to tie and haul her up,

2 sols, 8 deniers. Item, for gloves, 12 deniers; amounting in the whole to

69 sols, 8 deniers." In connection with the first item of this curious

document, it may be observed that, in a receipt delivered five years later

by a notary of Pont de l'Arche to the gaoler of the prison of that town,

the same amount is allowed for the daily food of a pig, imprisoned on the

charge of killing a child, as for a man in the same prison. The last item,

the gloves, is supposed by M. Aguel to be a customary allowance to the

executioner.

In 1457, a sow and her six young pigs were tried at Lavegny, on the charge

of having killed and partially eaten a child. The sow was convicted, and

condemned to death; but the little ones were acquitted on the ground of

their tender years or months, the bad example of their mother, and the

absence of direct evidence of their having partaken of the unnatural

feast. In 1494, sentence of death was pronounced on a pig by the Mayor of

Laon for having mutilated and destroyed an infant in its cradle, full

particulars of which case were given in the "Annuaire du Departement de

l'Aisne" for 1812. The act of condemnation, as there given, concludes as

follows:--"We, in detestation and horror of this crime, and in order to

make an example and satisfy justice, have declared, judged, sentenced,

pronounced, and appointed that the said hog, being detained a prisoner,

and confined in the said abbey, shall be, by the executioner, strangled

and hanged on a gibbet, near and adjoining the gallows in the

jurisdiction of the said monks, being near their copyhold of Avin. In

witness of which we have sealed this present with our seal." This document

was sealed with red wax, and endorsed:--"Sentence on a hog, executed by

justice, brought into the copyhold of Clermont, and strangled on a gibbet

at Avin."

Three years later, a sow was condemned to be beaten to death for having

mutilated the face of a child of the village of Charonne. The act of

condemnation in this case directed further that the flesh of the sow

should be given to the dogs of the village, and that the owner of the sow

and his wife should make a pilgrimage to the Church of Our Lady at

Pontoise, and bring on their return a certificate that this injunction had

been duly complied with. In 1499, a bull was strangled for having killed a

boy in the lordship of Cauroy, which belonged to the abbey of Beaufire.

Lionnois gives, in his history of Nancy, a full report of the proceedings

on the delivery of a condemned pig to the executioner of that city in

1572. He mentions, among other details, that the animal, secured by a

cord, was led to a cross near the cemetery; that from the most remote

period the justice of the lord, the abbot of Moyen Moutier, was accustomed

to deliver to the provost, or marshal of St. Diez, near to this cross, all

condemned criminals, that execution might ensue; and that, the said pig

being a brute beast, the mayor and the justice held a conference at that

place, and left the said pig tied with a cord, without prejudice to the

judicial rights of the lord.

Judicial proceedings against the lower animals were not confined to

France, for the list of such cases compiled by M. Berriat St. Prix, and

published in the "Memoires de la Societe des Antiquaires" for 1829,

mentions one tried at Lausanne in 1364, another at the same town in 1451,

a third at Basle in 1474, another at Lausanne in 1479, and a fifth at the

same place in 1554. Concerning the first of these Swiss trials, Ruchat

states, in his history of the Protestant reformation in Switzerland, that

the victim was a pig that had killed a child in the village of Chattens,

situated among the Jorat hills. It was cited to appear in the Bishop's

Court at Lausanne, convicted of murder, and sentenced to death--the

executioner being a pork butcher.

The Basle case was a very singular one. A farm-yard cock was tried on the

absurd charge of having laid an egg. It was contended in support of the

prosecution that eggs laid by cocks were of inestimable value for use in

certain magical preparations; that a sorcerer would rather possess a

cock's egg than the philosopher's stone; and that Satan employed witches

to hatch such eggs, from which proceeded winged serpents most dangerous to

mankind. On behalf of the gallinaceous prisoner, the facts of the case

were admitted, but his advocate submitted that no evil animus had been

proved against his client, and that no injury to man or beast had

resulted. Besides, the laying of the egg was an involuntary act, and as

such not punishable by law. If it was intended to impute the crime of

sorcery to his client, he was entitled to an acquittal; for there was no

instance on record of Satan having made a compact with one of the brute

creation. In reply, the public prosecutor stated that, though the Evil One

did not make compacts with brutes, he sometimes entered into them; and

though the swine possessed by devils, as related by the Evangelists, were

involuntary agents, yet they, nevertheless, were punished by being caused

to run down a steep decline into the Lake of Galilee, where they were

drowned. The poor cock was convicted, and condemned to death, not as a

cock, however, but as a sorcerer, or perhaps a devil, in the form of a

cock, on which finding it was, with the egg attributed to it, burned at a

stake, with all the form and solemnity of a judicial execution.

As the lower animals were amenable to the law in Switzerland in those dark

ages, so, in certain circumstances, they could be put into the witness

box. If a house was broken into between sunset and sunrise, and the

occupier killed the intruder, the act was regarded as justifiable

homicide. But it was thought right to provide by law against the case of a

man, living alone, who might invite a person whom he wished to kill to

spend the evening with him, and having slain him, might assert that he

committed the act in self-defence, or to protect his property, the dead

man having been a burglar. Therefore, when a man was killed in such

circumstances, the occupier of the house was required to produce some

domestic animal that was an inmate of the house, and had witnessed the

tragedy, and to declare his innocence on oath in the presence of such

animal. If the brute witness did not contradict him, he was acquitted; the

law taking it for granted that God, rather than allow a murderer to go

unpunished, would intervene by causing a miraculous manifestation by the

mouth of a dumb witness.

Even more strange than the trials of oxen, pigs, etc., for offences

against mankind, were the legal proceedings often taken in the middle ages

against noxious insects and the smaller quadrupeds, such as rats. The

"Memoires de la Societe Royale Academique de Savoie" contain a very

curious account of the proceedings instituted in 1445 and 1487 against

certain beetles that had committed great ravages in the vineyards of St.

Julien. Advocates were named on behalf of the vine-growers and the beetles

respectively; but, by a singular coincidence, the insects disappeared when

cited to answer for the mischief they had done, and the proceedings were

in consequence abandoned. That was in 1445. In 1487, however, they

re-appeared, and a complaint was thereupon addressed to the vicar-general

of the Bishop of Maurienne, who named a judge, and also an advocate to

represent the beetles. Counsel having been heard on both sides, the judge

suggested that the vine-growers should cede to the defendants certain

land, where they could live without encroaching on the vineyards. The

plaintiffs agreed to this compromise, with the proviso that, in default

of the defendants accepting the terms offered them, the judge would order

that the vineyards should be respected by the beetles under certain

penalties. The advocate for the beetles demanded time for consideration,

and on the resumption of the proceedings stated that he could not accept,

on behalf of his clients, the suggestion of the court, as the land

proposed to be given up to them was barren, and afforded nothing upon

which they could subsist. The court then appointed assessors to survey the

land in question, and on their report that it was well wooded and provided

with herbage, the conveyance was ordered to be engrossed in due form and

executed. The matter was then regarded by the plaintiffs as settled; but

the beetles discovered, or their advocate discovered for them, that a

quarry of an ochreous earth, used as a pigment, had formerly been worked

on the land conveyed to the insects, and though it had long since been

worked out, some person possessed an ancient right of way to it, the

exercise of which would be extremely prejudicial to them. Consequently,

the agreement was held to be vitiated, and the legal proceedings had to be

recommenced _de novo_. How they eventually terminated cannot be told,

owing to the mutilation of the documents relating to the proceedings

subsequent to 1487.

Nearly a century later, legal proceedings were commenced by the

inhabitants of a village in the diocese of Autun against the rats by which

their houses and barns were infested; the trial being famous in the annals

of French jurisprudence as that in which Chassanee, the celebrated

jurisconsult, first achieved distinction. The rats not appearing on the

first citation, Chassanee, who was retained for the defence, argued that

the summons was of too local a character, and that, as all the rats in the

diocese of Autun were interested in the case, they should be summoned

throughout the diocese. This plea being admitted, the cure of every parish

in the diocese was instructed to summon all the rats within its limits to

attend on a day named in the summons. The day having arrived, and the rats

failing to appear, Chassanee said that, as all his clients were summoned,

including old and young, sick and healthy, great preparations had to be

made, and certain necessary arrangements effected, and he had to ask,

therefore, for an extension of time. This also being granted, another day

was appointed, but again not a single rat put in an appearance. Chassanee

then made an objection to the legality of the summons. A summons from that

court, he said, implied full protection to the parties summoned, both on

their way to it and on their return to their homes; and his clients, the

rats, though most anxious to appear in obedience to the court, did not

dare to leave their homes to come to Autun, on account of the number of

evil-disposed cats kept by the plaintiffs. If the latter would enter into

bonds, under heavy pecuniary penalties, that their cats should not molest

his clients, the summons would be immediately obeyed. The court

acknowledged the validity of this plea, but the plaintiffs declined to be

bound for the good behaviour of their cats. The further hearing of the

case was, therefore, adjourned _sine die_, and thus Chassanee gained his

cause. Full particulars of the proceedings are given in a Latin work,

written by him, and published in 1588.

Devices of the Sixteenth Century Debtors.

BY JAMES C. MACDONALD, F.S.A., SCOT.

In the year 1531, a certain John Scott, residenter in the good town of

Edinburgh, was financially in a condition of chronic decrepitude. His

household goods were rapidly going to the hammer, and one creditor, bolder

than his fellows, decided to attack the impecunious personality of the

common debtor. Writs from court and messengers of the law were severally

set in motion; and on the earliest possible day one of those myrmidons

served upon the debtor personally, a writ bearing the terrible title of

"Letters of IV Forms." The "coinless" John was therein warned that if he

failed forthwith to pay or satisfy the lawful debt, for which decreet has

gone out, he would (unless he went to prison in a peaceful way) be

declared a rebel against the King's Majesty.

Now John reasoned with himself that payment he could not make; outlawry he

rather feared; and _squalor carceris_ he could not endure. What was to be

done? He had heard of the horns of the Hebrew altars: how that personal

safety resulted from any manual attachment thereto. Was there some such

boon in bonny Scotland? There was Holyrood, with its sanctified abbey. It

was near; any port in such a storm. Down the Canongate, and straight to

the sanctuary he ran--all to the manifest loss, injury, and damage of his

creditors who followed, having got wind of this unique _hegira_ from the

red-nosed city guard. In vain the creditors pleaded; equally in vain were

their threats. The canny Scot was warranted safe and skaithless against

"all mortal."

Annoyed at his debtor's immunity from arrest, chagrined that any money

John possessed had now been further dissipated in the Abbey admission dues

to its protection giving portals--each creditor turned sadly to his "buiks

of Compts" and superscribed over against John Scott's name the expressive

legend "bad debt." And this John Scott became the forerunner, _de facto_,

of a long line of "distressed" persons. Nay more, he secured an

immortality as lasting as that of the sovereign whose solemnly sounding

"Letters of IV Forms," he spurned and left unanswered.

A generation later, and another _new_ way of paying old debts is placed on

record. To balance international honours it is of Anglican origin.

Scoggan, the jester of the Elizabethan court, falls into financial

distress. He borrows L500 from the Queen--_mirabile dictu_. Only a fool

would have tried such a thing. It was put down as a "short loan," but it

soon became clear to the royal lender that its longevity would outlast her

reign. To all demands the clownish borrower smilingly cried "long live the

queen," until at last his existence as court fool was in danger of being

ended. But he would rather die than be evicted; and die he did. He became,

theatrically speaking, defunct.

The _late_ Scoggan was accordingly borne, to solemn music, past the royal

garden; and the queen, seeing the mournful show--and knowing nought of its

hollowness--asked whose it was. "Scoggan, Your Majesty," was the reply.

"Poor fellow," she exclaimed, "the L500 he owed me I now freely forgive."

Whereupon the "defunct" sat up and declared that the royal generosity had

given him a new lease of life. "Thou rogue," said the queen, "thou art

more rogue than fool. Thou hast improved upon the plan of that John Scott,

who, in the reign of my late cousin of Scotland, as Sir James Melvil tells

me, got rid of the oldest debt and the longest loan."

Laws Relating to the Gipsies.

BY WILLIAM E. A. AXON, F.R.S.L.

Early in the fifteenth century the gipsies made their appearance in

Europe, and as strangers were not favourably regarded in those days the

advent of these dark-skinned people, speaking a language of their own,

dressing in a picturesque, but uncommon costume, and having their own

rulers, and their own code of morals, and owning no allegiance to the laws

of the land in which they sojourned, naturally attracted attention. At

first some credence was given to their high-sounding pretensions, and the

dukes, counts, and lords of Lesser Egypt received safe conducts and

protection under the idea that they were engaged in religious pilgrimages.

But the seal of the Emperor Sigismund would not protect them when the term

of their pretended pilgrimage had expired, nor would the manners and

customs of the gipsies substantiate any special claim to sanctity or

religious fervour. Even the ages when the divorce was most marked between

religion and morals would be staggered by the thefts, and worse outrages

that were laid to their charge. Sigismund's safe conducts are said to have

been given not as Emperor, but as King of Hungary, and some of the gipsies

were early employed as ironworkers in the realm of St. Stephen. In 1496

King Ladislaus gave a charter of protection to Thomas Polgar and his

twenty five tents of gipsies because they had made musket bullets and

other military stores for Bishop Sigismund at Fuenfkirchen, but whatever

consideration may have been shewn to them in the beginning, they speedily

became objects of suspicion and dislike. There is not a country in Europe

which has not legislated against them or endeavoured to exile them by

administrative acts. Their expulsion from Spain was decreed in 1492, from

France in 1562, and from various Italian states about the same time.

Denmark, Sweden, and the Netherlands have also pronounced against them.

The Diet of Augsburg in 1500, ordered their expulsion from Germany on the

ground that they were spies of Turkey seeking to betray the Christians.

This edict, though several times repeated, was non-effective.

In Hungary and Transylvania the authorities, hopeless of getting rid of

the troublesome immigrants, took strong measures to bring them into line

with the rest of the population. They were prohibited from using the

Romany tongue, from retaining their gipsy surnames, from wandering about

the country, from eating carrion, and from dealing in horses. Those fit

for military service were to be taken into the army, and the rest were to

live and dress and deport themselves in the same manner as the peasantry

of the country. These regulations were not wholly effective, but the

result of the efforts put forward by Maria Theresa, and her successors may

be seen in the sedentary gipsies of the Austro-Hungarian Empire. At times

they have been subjected to fierce persecution. In 1782, a dreadful

accusation was brought against the Hungarian Romanis, when more than a

hundred of them were accused of murder and cannibalism. The gang were said

to have lived by highway robbery and murder, and to have cooked and eaten

the bodies of their victims. At Frauenmark four women were beheaded, six

men were hanged, two were broken on the wheel, and one was quartered

alive. Altogether forty-five were executed and many more were imprisoned.

How much of this was suspicion substantiated by torture?

The gipsies came frequently in contact with the myrmidons of the law. "As

soon as the officer seizes or forces away the culprit," says Grellmann,

"he is surrounded by a swarm of his comrades who take unspeakable pains to

procure the release of the prisoner.... When it comes to the infliction of

punishment, and the malefactor receives a good number of lashes well laid

on, in the public market place, a universal lamentation commences among

the vile crew; each stretches his throat to cry over the agony his dear

associate is constrained to suffer. This is oftener the fate of the women

than of the men; for as the maintenance of the family depends most upon

them, they more frequently go out for plunder." It is a noteworthy fact

that Grellmann writing in 1783, has not a word of condemnation of the

barbarous practice of flogging women.

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