New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-01-15
Furnishing BEASTS.
A CURIOUS AND GROTEsQUE MEDIEVAL
CUSTOM.
LITERAL APPLICATION OF THE LEX rAL'oS'
ALL THE LEGAL. FORMS OBSERVED

f. p Evans. in The Green Bag.
Beasts were often condemned to be burned
alive and strangely enough. it was In the ID,
ter half of the seventeenth century. an age VI
comparative enlightenment, that TINS cruz PEI
atty was most frequently inflicted Occas,ohahy
a mercful Judge adhered to the letter OF the la
by sentencing the culprit to be slightly Singer
and then to be strangled before being burner.
Sometimes they were condemned TO De ou rie.
alive. Such was the fate suffered by two pigs
In 14J6 ION the vigil Of the Holy virgin ~
Oppenheim- on the Rhine. for Killing emu.
Animals were even put to the rack In oruei "
extort confession. 1t is not to be supposed ina,
the Judge had the slightest expectation that any
confession would be made he wished SIMPLY III
observe all forms prescribed ny the Jaw anu "
set In motion the whole machinery or justice pc
fore pr,nouncing judgment. The question:
which I'm such cases would seem TO be only a
wanton and superiuous act OF crueity'was ~ a.
theless an important element In deterhih'ns III.
firal decision. since the death sentence couIu o'
commuted into Punishment provided the cr'Hh-
ma, had not confessed under torture. Inc use
of the rack was therefore a means vi escaP.'
the gallows Appeals were sometimes inaue u
higher tribunals and the Judgments Oh tne ~ :.
courts annulled or modified. In one instance
ecu, and q She ass were condemned 10 DE
hanged; on appeal and after a new triai 'nsS
were sentenced to be simply Knocked on tne
head. In another instance al appear e" w VIZ
acouittal Of the accused.
/ In 1866 at Fontenay aux Roses. near faris
a pig convicted of having eaten chiid waS
publicly burned by order of the monks OF Saihte.
Ceneyifye In 1856 the tribunal or ra'a'se
oantepced a SOW TO be mangled and manned IN
the head and leg. and then to be hangeo' 10,
having torn the face and arm OF chio ana
caused its death. Here we have stric' app'',
| cation of the lex talions. The SOW was dressed
IN mans clothes and executed In the pupnS
square near the city hall. at the expense I" w w,
state Of ten sous ana ten ueh'e'S' pes'"0' '
Of gloves to the hangman. 49,
The executioner was provided with new gloves
| In order that he might come from the dischais,
Of his duty with clean hands. thus ihuca'ns
that as a minister of justice ne incurred ~
guilt in shedding blood. lie was not C"n"'"n
butcher of swine but a public functonary
| "tnasiar of high works" tmaitre des hau''9
nuvres) "a ne was officially styled IN ,',i,
pig was found guilty OF having klien anu ii",
dered a child In the parish Of koumaygne ~
the county of Mortaing. for which deco the sau
PIG was condemned to be drawn ana hanseo
by Jfhan Petit. lieutenant Of che balm
There Is also cxtant an order lSsu'u w w
magistracy OF GisOrs i'm HOB. commanding pay
r,e nj to be made TO the carpenter VINO hah eie''
ed the scaffold which an OK had beeh exc
cuted for its dement's" Brute anu human 'rin
mails we're confined In the same prison anu SUP
/ i.cted IN the same treatment Thus 'Toustain
Pincbeon keeper Of the prisons 81 our iorn un'
King in the town OF Pont de Larche' a'hno , :
edges the receipt Of nineteen sous SIN uen'r'
| ,ournois for having found the kings pread ln'
| the nrIsoners detained. by reason or crime III
the said prison" The jailer gives the names ol
the persons in custody, and concluucs !he 10
with the item" of zone pig Kept from th1 ~.
of June l4OS inclusive. TIL the lith Oh july
whom II was executed for the crime OF ha'int
murdered and killed a little child. FOR tht
pIg's board he charges two deniers tourho's
day the same as for boarding man, ne ais.
nuts into account ten deniers tournois Tor
| rome found and delivered for the purpose oil
tying the said pig that II might not escape.
A peculiar custom Is referred to In the ptoces
| verbal OF the prosecution OF an infanticida
porker. dated May 20 1872. The murder was
committed within the Jurisdiction OF the mon
astery OF Moyen- Monitor. where the case wa
tried and the accused was sentenceu I'D u
| hanged and strangied on u gibbet' The pris
| oner was then bound with cord and conducted
to a cross near the cemetery where IL was Tor
mally given over TO an executioner from Nancy
From time immemorial." we are told tne JUS
,,c,arv Of the Lord Abbot Of Moyen- Monitor has
been accustomed to consgn to the provost OF
Saint Diez. near this cross. condemned cIii,.
nails wholly naked, that they may De executor
but inasmuch as this pig Is brute beast ht
| has delivered the same bound with cord with
| out prejudicing or In any wise impairing ths
right OF the Lord Abbot to deliver condemned
criminals wholly naked" The pig must no.
wear n rope unless the right to do without u
be expressly reserved. lest some human cuipri
under similar circumstances might claim To d.
| entitled to raiment.
| In the case Of a mule condemned to be burned
alive at MONTPELIER in 1865, as the animal was
vicious and kicky the executioner cut of It's fee
before consgnng it to the flames. This mutia
ton was an arbitrary and extra-judicial act
dictated solely by COMMUNICATIONS OF persona
convenience Hangmen were often guilty OF su
pererogatory cruelty In the exercise Of theiI
bloody functions. Writers on criminal jurispru
dence repeatedly complain OF this evil and cal
for reform. Thus Damhouder in his "Rerun
! Criminalium Praxis' urges magistrates to b'
more careful in selecting persons for this i'm
portant office. and not to choose notorious VIC
lators of the law AS indicators OF Justice In
deed these hardened wretches sometimes tool
the law into their own hands. Thus on tn,
9th OF June 1876. at Schweinfurt. In Francon;a
a sow which had bitten of the ear and torn tn,
hand Of a child given in custody to the
hangman. who. without further authority. tool
II 10 the gallows green and there hanged Il
| publicly, to the disgrace and detriment Of tn,
city" For this imprudent usurpation Of judiciar,
powers Jack Ketch obliged to fiee and