INDEX

Abbott, Rev. Lyman, regards bad impulses as suggestions of evil spirits, 76 Achan, his severe punishment by Joshua, 180 Addosio, Carlo d’, his Bestie Delinquenti cited, 1, 4; his list of animal prosecutions, 135; on pigs as a public nuisance in Italy, 159 Æschines, cited, 172 Æschylus, his Choephoroi cited, 174 Ahuramazda, 57, 61, 82, 176 Alard, Jean, burned alive as a Sodomite for coition with a Jewess, 153 Altiat, his poem quoted, 93 Amira, Prof. Karl von, his Thierstrafen und Thierprocesse cited, 1-3, 137 Anathemas, only effective when formally complete, as with all incantations and excommunications, 4, 36; citations from the Bible in proof of their power, 25; render an orchard barren and expel eels and blood-suckers from Lake Leman, 27; turn white bread black to punish heresy, 28; fatal to swallows and flies, which disturb religious services, 28, 29; sold by the Pope, 30; hurled against noxious vermin, 37; made more effective by the prompt payment of tithes, 37; differ from excommunications, 51-54; superseded in Protestantism by prayer and fasting and in science by Paris green, 53 Animals, prosecuted by civil and ecclesiastical courts, 2; office of the Church in repressing articulate and rodent, 3, 5; as satellites of Satan or agents of God, 5, 6, 52-57, 67; personification of, 10, 11; their competency as witnesses, 11; origin of their judicial prosecution, 12; as born criminals, 14; tendency of modern penology to efface the distinction between men and, 14, 193; instances of their criminal prosecution, 16, 18, 21, 37-50, 93-124, 134-157, 160-163; methods of procedure against, 31; whether legally laity or clergy, 32; punitive and preventive prosecution of, 33; their consciousness of right and wrong, 35, 247; false conception of the purpose of their prosecution, 40; can be anathematized, but not excommunicated, 51; items of expense in prosecuting, 49, 138, 140-143; not mere machines, 66; in folk-lore, 84; worship of, 85; imperfect lists of prosecuted, 135-137; burned and buried alive, 138; put to the rack to extort confession, 139; confiscation of valuable, 164, 189; unclean flesh of executed, 169; imputed criminality of, 177; criminals as ferocious, 212; mental and moral qualities of men and, 234; six categories of their criminal offences, 235; the safety of society the supreme law in the judicial punishment of men and, 247-252 Anatolus, his “Geoponics,” 133 Angel, Emile, cited, 124 Anglo-Saxon law, its retributive character, 168; its cruel doctrine of accessories, 178; on tainted swords, 187 Angrô-mainyush, 57, 59, 61, 82 Anthony, St., patron of pigs, 158 Anthropologists, criminal researches of 211, 215 Aquinas. See Thomas Arcadius, his atrocious edict, 179 Ashes, modern and mediæval use of vermifugal, 53 Augustine, St., cited, 94, 106 Aura corrumpens in houses and stalls, 8 Aurelian, Father, on diabolical possession, 75 Avesta, on exorcisms, 36; on good and evil creations, 57; on mad dogs, 176 Ayrault, Pierre, his protest against animal prosecutions, 109 Azpilcueta, Martin. See Dr. Navarre. Baal-zebub (Beelzebub), fly-god, 84; his preference for black beasts, 165 Bailly, Gaspard, his Traité des Monitoires cited, 52, 92-108 “Basilisk-egg,” 10 Basilius, St., his insect-expelling girdle, 136 Basilovitch, Ivan, his conception of retributive justice, 183 Bassos, Kassianos, prefers rat-bane to adjuration, 132 Beasts, sweet and stenchy, 55 Bees, tainted honey of homicidal, 9 Bell, banished to Siberia by the Russian Government, 175 Benedikt Prof., on the brain-formation of criminals, 212 Bernard, Claude, his idea of the physiologist, 245 Bernard, St., kills flies by cursing them, 28 Bernardes, Manoel, his Nova Floresta, 124 Berriat-Saint-Prix, his valuable researches, 2, 17, 20; list of prosecuted animals, 135-137 Bichat, his defective cranium, 217 Bischofberger, Dr. Theobald, his curious theory of the effects of unexpiated crime on persons and property, 6-8; his recent brochure in defence of exorcisms, 73 Bischoff, Prof., his hobby refuted by the weight of his own brain, 218 Blackstone, on deodands, 186, 189, 192 Blood-letting, as a panacea in law and medicine, 194 “Blue Laws,” an advance in penal legislation, 209 Bodelschwingh, his bacillus infernalis, 91 Boehme, Jacob, his definition of magic, 127 Boër, Nicolaus, on cohabitation with a Jewess as sodomy, 153 Bogos, homicidal beasts executed by the, 155 Bonnivard, François, presides as judge in a trial of vermin, 38 Borromeo, Carlo, his cruelty in punishing heresy, 208 Bougeant, Père, his Amusement Philosophique cited, 66-69; 80-86, 88-90, 92 Bracton, 167; on deodands, 186 Brain, its size not always a measure of mental capacity, 217-219 Browne, Dr. William Hand, cited, 187 Buggery, instances of this “nameless crime,” 147-153; she-ass acquitted and man condemned to death for, 150; in the Carolina punished with death by fire, 151; in the Mosaic law, 152; sexual intercourse with a Jewess regarded as, 153 Bull, executed for murder, 161 Calvin, his conception of God, 59 Canute, King, 178 Carolina, the, its severe penalties, 182 Carpzov, Benedict, on sodomy, 151 Cattle, bewitched by bad air, 8 Cervantes, 167 Character, factors in the formation of, 219; responsibility for, 239, 243 Charcot, Dr., on the curative power of faith, 80, 225 Chassenée, Bartholomew, his Consilia, 2, 21-23; distinguished as a defender of prosecuted rats, 18; equal rights of rats and Waldenses recognized by, 20; his erudition, 24; his absurd deductions, 26; regards animals as laity in the eye of the law, 32 Chinese, recent beheading of idols for murder, 174 Church, the, its treatment of noxious insects as incarnations of Satan and as agents of God, 3-6; capital punishment never inflicted by, 31; its power to stay the ravages of vermin unquestioned, 50 Cicero, cited, 22, 101; his approval of atrocious penalties, 178 Cock, burned at the stake for laying eggs, 10, 11, 162; nature and origin of its supposed eggs, 163-5 Cockatrice, 12, 163 Coleridge, his definition of madman, 228 Corpses, prosecuted and executed, 110, 198, 199; cannot inherit, 110 “Corruption of blood,” in theology and law, 181 Courcelle-Seneuil, his view of prisons, 212 Cows, executed for homicide, 169 Cranks, execution of, 249-251 Cretella, 17 Cretins, their brains not always abnormal, 219; sentenced to death, 251 Criminality, examples of imputed, 177-185; ancient and mediæval conceptions of, 200; punished for the safety of society, 211, 248; compared to vitriol, 212; supposed physical indices of, 213-217; casual and constitutional, 214-223; ativism the source of, 212, 215; the result of hypnotism, 223-225; due to many uncontrollable conditions, 230; motives underlying animal, 235; animals conscious of, 247; contagiousness of, 252, 256 Crollanza, his record of the prosecution of caterpillars, 122 Crosiers, vermifugal efficacy of, 30 Cybele, invoked against vermin, 133 Damhouder, Jacobus, picture of animal crimes in his Rerum Criminalium Praxis, 16; citations from this work, 109, 146; regards sexual intercourse with Jews, Turks, and Saracens as sodomy, 153 Dasturs, Parsi, Zarathushtra’s teachings degraded by the, 59 Demosthenes, cited, 172 Deodands, nature of, 186-190, 192; abolished in England under Queen Victoria, 192 Devils, their damage to landed property, 7; multiplied by the spread of Christianity, 13, 80; destined to eternal torments after the Last Judgment, 68-70; incarnate in every babe, 70; maladies produced by, 72; modern inventions the devices of, 229 Didymos, his “Geoponics,” 133 Dimitri, Prince, bell banished to Siberia for rejoicing over his assassination, 175 Dogs, trial and execution of mad, 176; crucified in Rome for imputed crime, 177 Döpler, Jacob, on sodomy, 152; on Lex talionis, 182; on vampires, 197 Dove, symbol of the Holy Ghost, 57 Draco (Drakôn), his law punishing weapons, 172 Dreyfus, his prosecution instigated by a sensational novel, 253-255 Ducol, Pierre, prosecutor of weevils, 38 Dumas, his Count of Monte Christo cited, 240 Duret, Jean, his Treatise on Pains and Penalties, 108 Ecclesiastical tribunal, an, rejects the Mosaic law and discusses crime from a psychiatrical point of view, 170 Eldrad, St., expels serpents, 50 Electricity, execution by, 210 Elk, as demon, 90 Erechtheus, punishment of deadly weapons, 172 Erinnys, appeasing the, 174 Escheat, in Scotch law, 189 Eusebius, describes hell as very cold, 105 Eustace, St., 56 Evolution, dogma of original sin supplanted by the doctrine of, 232 Excommunications, pronounced against insects by the Church, 3; sold at Rome, 30; properly speaking, animals not subject to, 51, 100; comical survivals of, 128. See Anathemas Exorcisms, their efficiency recognized by Heidelberg professors, 27; applied as plasters, 72; superseded by conjurations among Protestants, 125; by Mohammedans, 137 Falcon, Pierre, defender of weevils, 38 Felo de se, a sort of treason, 190. See Suicide Feuchtersleben, Baron Von, records cases of morbid imitation, 253 Field-mice, conjuration of, 133 Flesh of executed animals tainted, 169 Flies as demons, 28, 86 Florian, St., the protector of houses from fire, 136 Fly-flaps, papal, 29 Formosus, Pope, his corpse tried and condemned for usurpation, 198 Foscolo, Ugo, his cranium that of an idiot, 218 Fox, diabolical nature of the, 56 Frederic the Great, his penal reforms, 207 Fricker, Thüring, doctor of laws, chancellor and prosecutor of inger, 116 Gadflies, episcopal rescript against, 124 Galton, on heredity, 239 Gambetta, his small and abnormal brain, 217 Geese, sacred, rewarded at Rome for the vigilance of their foremothers, 177 Genius, to madness close allied, 228 Görres, recent case of conjuration recorded by, 125 Gratiolet, on the brain of the “Hottentot Venus,” 218 Greeks, ancient, ascribed pestilence to the miasma of unexpiated murder, 9, 174 Gregory of Tours, on bronze dormice and serpents as talismans, 132 Greysser, Daniel, the efficiency of bans not supernatural, 128 Gross, his mis-statement concerning the cock of Bâle, 162 Guiteau, deterrent effect of his execution, 250 Harpokration, Valerius, cited, 172 Harrison, Miss, cited, 187 Hart, symbolism of the, 56 Hawks, dead, as protectors of hens, 252 Hemmerlein, Felix. See Malleolus Hens, crowing, 10 Heredity, its predetermining influence as viewed by theologians and scientists, 232 Heymanns, Mynheer, on responsibility for character, 243 Hierarchies, their failure in civil government, 249 Honorius, his atrocious edict, 179 Horses, condemned to death for homicide, 162 Hubert, St., 56 Hugon, St., expels venom from serpents by excommunication, 103 Hunters among savages, their superstitious fear of killing wild animals, 174 Hypnotism, its causal relation to crime, 223-226; as the basis of the witchcraft delusion, 225 Idols, decapitation of, 174 Inger, prosecuted and put under ban, 113-115; not in Noah’s Ark, 120 Insanity, degrees of, 200-203; in Italian and German law, 204-206; difficulty of defining, 226-228; in English law, 246; moral, 250; as a shelter for crime, 256 Insects, prosecution of, 37, 41-49; incarnations of demons, 86 Italy, palliation of crime in, 203, 204 Jeanneret, Marie, her toxicomania, 240-246 Jews, in Christian legislation on a par with beasts, 152, 165 John the Lamb, his curse fatal to fish, 28 Jonson, Ben, cited, 130 Jordan, Father, casts out devils with Lourdes water in 1887, 74 Jörgensen, cited, 17 Joshua, his penal cruelty, 180 King Mode, his discourse with Queen Reason, 55 Kirchenheim, Prof. Von, urges reform of our penal codes, 219 Koran, the, on the punishment of beasts, 171 Kukis, destroy homicidal trees, 171 Laas, his definition of judicial punishment, 238 Lacassagne, his six categories of crime, 235 Langevin, Pierre Gilles, fresco of the execution of a sow described by, 141 Lapeyronie, his dissertation proving that cocks never lay eggs, 163 Le Bon, on hereditary criminality, 223 Leipsic, decision of the Law Faculty concerning a homicidal cow, 169 Leo XIII., his exorcism of Satan and apostate angels, 73 Letang, Louis, causal relation of his novel to the Dreyfus affair, 254 Lex talionis, striking applications of this oldest form of penal justice, 167; inflicts horrible mutilations, 182 Lilienberg, Mathias Abele Von, his record of a dog sentenced to prison, 175 Liszt, Prof. Von, on retributive and preventive penalties, 237 Locusts, expelled by exorcisms and aspergeoires, 3, 64; dispersed and destroyed by excommunication, 22, 93, 94; prosecution of, 95-108, 136 Lohbauer, Pater Franz Xaver, ascribes nervous disease to diabolical possession, 71 Lombroso, on animals as born criminals, 14; opposed to trial by jury, 185; regards tattooing, dark thick hair and thin beards, as signs of criminality, 213; on ativism as the source of crime, 215; innate criminality not eradicated by education, 223; compares the capital punishment of cretins and cranks to that of animals, 251 Lucifer, writhes under the water of Lourdes, 74 Lycia, punished by imputation, 180 Majolus, cited, 86 Maledictions. See Anathemas Malleolus, Felix, his theory of exorcisms endorsed by Heidelberg professors, 27; records a prosecution of Spanish flies, 110; his formula for banning serpents, 121 Mangin, Arthur, cited, 16, 139 Manicheans, their doctrine of good and evil, 60 Manouvrier, Dr., likens Gambetta’s skull to that of a savage, 217 Mantegazza, Prof., his “tormentatore,” 245 Manu, Institutes of, 168 Marro, on metaphors as facts, 216 Mather, Cotton, records the execution of a pious Sodomite and eight beasts, 148 Ménebréa, M. L., 2, 17; his theory untenable, 40 Mephistopheles, the lord of rodents and vermin, 85 Mithridates, experiments with poisons, 244 Moles, prosecution of, 111-113 Monks, as landed proprietors in France, 158 Monomania, frequency of, 227 Morel, Claude, defender of weevils, 38 Mornacius, his record of mad dogs sentenced to death, 176 Morselli, Prof., on the causes of suicide, 229 Mosaic law, the, rejected by an ecclesiastical court, 170; barbarity of, 167, 180 Murder, miasma of, 9, 174; weapons tainted by, 187-190 Mutilations, in accordance with the Lex talionis, 176, 182 Mythology, monstrosities and metamorphoses of classical, 64; in modern life, 228 Naquet, regards criminals as no more culpable than poisons, 212 Narrenkötterlein, dog sentenced to a, 175 Nature, imperfection of, 61 Navarre, Dr., regards fish as cacodemons, 90 Nebuchadnezzar, a satanic metamorphosis, 63 Nikôn, his statue punished for manslaughter committed in self-defence, 172 Noah, God’s covenant with him required the capital punishment of beasts, 168 Novels, morbific influence of sensational, 253 Numa Pompilius, quoted, 106; his law for protecting boundary stones, 183 Origen, believed in the ultimate redemption of Satan, 68 Osenbrüggen, Eduard, his theory of the personification of animals, 10, 17 Ovid, quoted, 101, 103 Oxen, executed, 168; punished although innocent, 183 Pachacutez, barbarous code of this Peruvian Justinian, 179 Papal See, trial and punishment of corpses by the, 198 Pape, Guy, cited, 108 Paracelsus, on the magnetic power of the will, 126 Pardoning power, exercise of the, 248 Parsis, their Dasturs, 59; co-workers of Ahuramazda, 61, 82; no doctrine of atonement, 63 Pasteur, exterminates noxious microbes, 62 Patriotism as a perverter of justice, 185 Pausanias cited, 172 Penology, man and beast in modern, 14, 193; mediæval and modern, 15, 200, 206-210; in Italy and Germany, 203-206; brutality of mediæval, 206-209; moral and penal responsibility, 210; still inchoate, 15, 219-223, 257; deterrent aims of, 211, 248, 249; law of the survival of the fittest in, 221-223; punitive and preventive, 237; its relation to psycho-pathology, 248 Pereira Gomez, forerunner of Descartes, 66 Perjury, retaliative punishment of, 182 Perrodet, Jean, defender of inger, 118 Phlebotomy. See Blood-letting Pico di Mirandola, quoted, 103 Piety, market value of, 7 Pigs. See Swine Pirminius, St., his anathema of venomous reptiles, 29 Plato, his theory of creation, 59; on homicidal animals, 173; on retributive and preventive punishment, 237 Pliny, quoted, 103 Pollux, Julius, quoted, 172 Potter, a pious Sodomite executed, 148 Predestination in theology and science, 232-234 Prussia, barbarous punishments, 180; opposed to reform, 205 Prytaneion (Prytaneum), condemned inanimate objects for crime, 172; but not corpses, 199 Pufendorf, Samuel, on contagiousness in crime, 256 Puritans, their penal enactments, 209 Pythagoras, his doctrine of transmigration, 87 Queen Reason, her discourse on animals in reply to King Mode, 56-58 Racine, his caricature of beast trials in Les Plaideurs, 166, 361 Ram, banished to Siberia, 175 Randolph, his allusion to rhyming rats, 130 Rats, prosecution of, 18-21, 136; friendly letters of advice to, 129; Irish custom of rhyming, 130 Raven, an imp of Satan, 57 Renaud d’Alleins, on equal rights of Waldenses and rats, 20 Responsibility, moral and penal, 210 Reusch, Prof. Dr. Fr. Heinrich, denounces bishops as promoters of superstition, 14 Ro-ro-ro-ro, an anti-semitic devil cast out in 1842, 73 Rosarius, Hierolymus, describes the exposure of crucified lions and gibbeted wolves as a warning to their kind, 251; regards animals as often more rational than men, 252 Satan, his earthly sovereignty, 60, 70; the doctrine of his final redemption, 68 Schilling, on the prosecution of inger, 113, 120 Schläger, cited, 176 Schleswig, its punishment of homicidal timber, 187 Schmid, Bernard, his sermon on the devastations by inger, 113-115 Scholasticism, quiddities of, 33 Schopenhauer, his theory of the will, 127; man’s responsibility for character alone, 239, 243 Schwabenspiegel, barbarity of this old German code, 178 Schwarz Mining, prosecutor of moles, 112 Schweinfurter Sauhenker, origin of the term, 147 Serpents, destroyed by St. Eldrad, 51; freed from poison by St. Hugon, 103 Shakespeare, alludes to “be-rhymed” rats, 130; and a wolf on the gallows, 157 Silius Italicus, quoted, 103 Simon, Max, on the morbid spirit of imitation, 253 Sociology, its influence on criminal jurisprudence, 238 Socrates, on self-perfection, 234 Sodomy. See Buggery Soldan, cited, 17 Sparrows, put under ban by a Protestant parson, 128 Stephen VI., Pope, adjures locusts, 65; prosecutes the corpse of his predecessor, 198; strangled in prison, 199 Suicide, punishment of the wife and children of a, 190; condemned as a crime and also recognized as a right, 191, 192; due to manifold influences, 229 Superstition, fostered by bishops and Jesuits, 14 Swallows, anathematized for chattering in church, 28 Swine, execution of, 16, 140-145, 149, 153-157, 161, 169; as stenchy beasts peculiarly attractive to devils, 56, 165; Gadarene, 69, 91, 165 Swords, tainted, 187 Taine, his definition of man, 214 Tarde, defines the mob as a mad beast, 236 Tatian, his fellow-citizen punished for his offences, 180 Tattooing, not peculiar to criminals, 213 Termites, prosecuted by Franciscans in Brazil and praised by their defender as more industrious than the friars, 123 Tertullian, quoted, 106 Theognis, his bust punished for murder, 172 Thomas à Becket, his bones burned by Henry VIII., 198 Thomas Aquinas, regarded animals only as diabolical incarnations, 53-55, 88, 101, 103 Thurneysser, his bottled scorpions and elk feared as demons, 90 Tithes, importance of the prompt payment of, 37, 94, 107 Tobler, G., on animal prosecutions in Switzerland, 1, 170 Treason, barbarously punished by Roman, Prussian, and Judaic law, 179-181 Trench, Richard Chevenix, his justification of the cursing of the fig-tree, 25 Treufels, Richard, his belief in the exorcism at Wemding in 1891, 75 Tribunals, proper office of criminal, 211, 232, 248 Tritheim, on Satan’s invisible apparition, 166 Tschech, executed, and his innocent daughter exiled for his crime, 179 Türler, records the rejection of the Mosaic law by the ecclesiastical court of Berne, 170 Vampires, superstitions concerning, 195-198 Vendetta, in semi-civilized communities, 178 Venidad, quoted, 63 Ventilation, “bewitched kine” the result of bad, 8 Vermin. See Insects Virgil, quoted, 26 Weevils, prosecuted for damage to vineyards, 38-49 Wemding, recent case of diabolical possession in, 75 Were-wolves, incarnate ghosts, 195; decree for their extermination, 198 Werther, Goethe’s, sentimentalism and suicidism produced by, 253 Winterstetter, Georg, his rescript concerning gadflies, 125 Witches in Judaic and mediæval law, on a par with animals, 145; rendered harmless by burning, 196 Worms, Council of, its decree concerning tainted honey, 9 Zarathushtra (Zoroaster), his ethics and its workings, 57-59 Zoöpsychology, in its relation to anthropopyschology and criminology, 237 Zupetta, on partial vitiation of mind, 201

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Footnotes:

[1] The name is also spelled Chassanée and Chasseneux. In the Middle Ages, and even as late as the end of the eighteenth century, the orthography of proper names was very uncertain.

[2] “Item: a été délibéré que la ville se joindra aux paroisses de cette province qui voudront obtenir de Rome une excommunication contre les insects et que l’on contribuera aux frais au pro rata.”

[3] These animals are spoken of as unvernünftige Thierlein genannt Lutmäuse. Lut might be derived from the Old German lût (Laut, Schrei), in which case Lutmaus would mean shrew-mouse; but it is more probably from lutum (loam, mould), and signifies mole or field-mouse. Field-mice are exceedingly prolific rodents, and in modern as well as in mediæval times have often done grievous harm to husbandry and arboriculture by consuming roots and fruits and gnawing the bark of young trees. The recklessness of hunters in exterminating foxes, hedgehogs, polecats, weasels, buzzards, crows, kites, owls and similar beasts and birds, which are destructive of field-mice, has frequently caused the latter to multiply so as to become a terrible plague. This was the case in England in 1813-14, and in Germany in 1822, and again in 1856.

[4] The first part of this treatise, consisting of seventeen chapters, discusses the different kinds of “monitoires” and their applications. Only the second part, describing the legal procedure, is here printed.

[5] A few early instances of excommunication and malediction, our knowledge of which is derived chiefly from hagiologies and other legendary sources, are not included in the present list, such, for example, as the cursing and burning of storks at Avignon by St. Agricola in 666, and the expulsion of venomous reptiles from the island Reichenau in 728 by Saint Perminius.

[6] This case is probably identical with and an adjournment of that of 1478.

[7] Identical with the sentences covering the period of 1500-1530.

[8] In this latest record of such prosecutions a man named Marger was killed and robbed by Scherrer and his son, with the fierce and effective co-operation of their dog. The three murderers were tried and the two men sentenced to lifelong imprisonment, but the dog, as the chief culprit, without whose complicity the crime could not have been committed, was condemned to death.

[9] In modern French pendard means hang-dog. M. Lejeune states that he can recall no other instance of its use as synonymous with bourreau or hangman. Perhaps a facetious clerk may have deemed it applicable to a person whose office was in the present case that of a hang-pig.

[10] Under this term are included the dean, canons, and chapter of the Cathedral of Chartres.

[11] Mietkuhe, a cow pastured or wintered for pay.