“Item, for cords to bind and hale her, two sols eight deniers parisis.
“Item, for gloves, two deniers parisis.”
This account, which amounted in all to sixty-nine sols eight deniers parisis, was examined and approved by the auditor of the court, De Baudemont, who affixed to it his own seal with signature and paraph and “in further confirmation and approbation thereof caused it to be sealed with the seal of the Chatellany of Meullant, on the 15th day of March in the year 1403.” (See [Appendix I].) In the following year a pig was executed at Rouvres for the same offence.
Brutes and human criminals were confined in the same prison and subjected to the same treatment. Thus “Toustain Pincheon, keeper of the prisons of our lord the king in the town of Pont de Larche,” acknowledges the receipt, “through the hand of the honourable and wise man, Jehan Monnet, sheriff (vicomte) of the said town, of nineteen sous six deniers tournois for having found the king’s bread for the prisoners detained, by reason of crime, in the said prison.” The jailer gives the names of the persons in custody, and concludes the list with “Item, one pig, conducted into the said prison and kept there from the 24th of June, 1408, inclusive, till the 17th of the following July,” when it was hanged “for the crime of having murdered and killed a little child” (pource que icellui porc avoit muldry et tue ung pettit enfant). For the pig’s board the jailer charged two deniers tournois a day, the same as for boarding a man, thus placing the porker, even in respect to its maintenance, on a footing of perfect equality with the human prisoners. He also puts into the account “ten deniers tournois for a rope, found and furnished for the purpose of tying the said pig that it might not escape.” The correctness of the charges is certified to by “Jean Gaulvant, sworn tabellion of our lord the king in the viscounty of Pont de Larche.” (Vide [Appendix J].) Again in 1474, the official of the Bishop of Lausanne sentenced a pig to be hanged “until death ensueth,” for having devoured an infant in its cradle in the vicinity of Oron, and to remain suspended from the gallows for a certain length of time as a warning to wrong-doers. It is also expressly stated that, in 1585, the body of a pig, which had been executed for the murder of a child at Saint-Omer, at the hostelry of Mortier d’Or, was left hanging “for a long space” on a gibbet in a field near the highway. (Derheims: Histoire de Saint-Omer, p. 327.) A little later a similar spectacle met the eyes of Guy Pape, as he was going to Châlons-sur-Marne in Champagne, to pay homage to King Henry IV. In his own words: dum ibam ad civitatem Cathalani in Campania ad Regem tunc ibi existentem, vidi quemdam porcum, in furcis suspensum, qui dicebatur occidisse quemdam puerum. (Quaestio CCXXXVIII: De poena bruti delinquentis. Lugduni, MDCX.)
On the 5th of September, 1379, as two herds of swine, one belonging to the commune and the other to the priory of Saint-Marcel-le-Jeussey, were feeding together near that town, three sows of the communal herd, excited and enraged by the squealing of one of the porklings, rushed upon Perrinot Muet, the son of the swinekeeper, and before his father could come to his rescue, threw him to the ground and so severely injured him that he died soon afterwards. The three sows, after due process of law, were condemned to death; and as both the herds had hastened to the scene of the murder and by their cries and aggressive actions showed that they approved of the assault, and were ready and even eager to become participes criminis, they were arrested as accomplices and sentenced by the court to suffer the same penalty. But the prior, Friar Humbert de Poutiers, not willing to endure the loss of his swine, sent an humble petition to Philip the Bold, then Duke of Burgundy, praying that both the herds, with the exception of the three sows actually guilty of the murder, might receive a full and free pardon. The duke lent a gracious ear to this supplication and ordered that the punishment should be remitted and the swine released. (Vide [Appendix K].)
A peculiar custom is referred to in the procès verbal of the prosecution of a porker for infanticide, dated May 20, 1572. The murder was committed within the jurisdiction of the monastery of Moyen-Montier, where the case was tried and the accused sentenced to be “hanged and strangled on a gibbet.” The prisoner was then bound with a cord and conducted to a cross near the cemetery, where it was formally given over to an executioner from Nancy. “From time immemorial,” we are told, “the justiciary of the Lord Abbot of Moyen-Montier has been accustomed to consign to the provost of Saint-Diez, near this cross, condemned criminals, wholly naked, that they may be executed; but inasmuch as this pig is a brute beast, he has delivered the same bound with a cord, without prejudicing or in any wise impairing the right of the Lord Abbot to deliver condemned criminals wholly naked.” The pig must not wear a rope unless the right to do without it be expressly reserved, lest some human culprit, under similar circumstances, should claim to be entitled to raiment.
“’Twill be recorded for a precedent;
And many an error, by the same example
Will rush into the state: it cannot be.”
In the case of a mule condemned to be burned alive together with a man guilty of buggery, at Montpellier, in 1565, as the quadruped was vicious and inclined to kick (vitiosus et calcitrosus), the executioner cut off its feet before consigning it to the flames. This mutilation was an arbitrary and extra-judicial act, dictated solely by considerations of personal convenience. Hangmen often indulged in capricious and supererogatory cruelty in the exercise of their patibulary functions, and mediæval as well as later writers on criminal jurisprudence repeatedly complain of this evil and call for reform. Thus Damhouder, in his Rerum Criminalium Praxis (cap. de carnifice, p. 234), urges magistrates to be more careful in selecting persons for this important office, and not to choose evil-doers, “assiduous gamblers, public whoremongers, malicious back-biters, impious blasphemers, assassins, thieves, murderers, robbers, and other violators of the law as vindicators of justice.” Indeed, these hardened wretches sometimes took the law into their own hands. For example, on the 9th of June, 1576, at Schweinfurt in Franconia, a sow, which had bitten off the ear and torn the hand of a carpenter’s child, was given into custody, whereupon the hangman, without legal authority, took it to the gallows-green (Schindrasen) and there “hanged it publicly to the disgrace and detriment of the city.” For this impudent usurpation of judiciary powers Jack Ketch was forced to flee and never dared return. Hence arose the proverbial phrase Schweinfurter Sauhenker (Schweinfurt sow-hangman), used to characterize a low and lawless ruffian and vile fellow of the baser sort. It was not the mere killing of the sow, but the execution without a judicial decision, the insult and contempt of the magistracy and the judicatory by arrogating their functions, that excited the public wrath and official indignation.
Buggery (offensa cujus nominatio crimen est, as it is euphemistically designated in legal documents) was uniformly punished by putting to death both parties implicated, and usually by burning them alive. The beast, too, is punished and both are burned (punitur etiam pecus et ambo comburuntur), says Guillielmus Benedictinus, a writer on law, who lived about the end of the fourteenth century. Thus, in 1546, a man and a cow were hanged and then burned by order of the parliament of Paris, the supreme court of France. In 1466, the same tribunal condemned a man and a sow to be burned at Corbeil. Occasionally interment was substituted for incremation. Thus in 1609, at Niederrad, a man and a mare were executed and their bodies buried in the same carrion-pit. On the 12th of September, 1606, the mayor of Loens de Chartres, on complaint of the dean, canons, and chapter of the cathedral of Chartres, condemned a man named Guillaume Guyart to be “hanged and strangled on a gibbet in reparation and punishment of sodomy, whereof the said Guyart is declared accused, attainted and convicted.” A bitch, his accomplice, was sentenced to be knocked on the head (assommée) by the executioner of high justice and “the dead bodies of both to be burned and reduced to ashes.” It is furthermore added that if the said Guyart, who seems to have contumaciously given leg-bail, cannot be seized and apprehended in person, the sentence shall, in his case, be executed in effigy by attaching his likeness in painting to the gibbet. It was also decreed that all the property of the absconder should be confiscated and the sum of one hundred and fifty livres be adjudged to the plaintiffs, out of which the costs of the trial were to be defrayed. (Vide [Appendix L].) This disgusting crime appears to have been very common; at least Ayrault in his Ordre Judiciaire, published in 1606, states that he has many times (multoties) seen brute beasts put to death for this cause. In his Magnalia Christi Americana (Book VI, (III), London, 1702) Cotton Mather records that “on June 6, 1662, at New Haven, there was a most unparalleled wretch, one Potter by name, about sixty years of age, executed for damnable Bestialities.” He had been a member of the Church for twenty years and was noted for his piety, “devout in worship, gifted in prayer, forward in edifying discourse among the religious, and zealous in reforming the sins of other people.” Yet this monster, who is described as possessed by an unclean devil, “lived in most infandous Buggeries for no less than fifty years together, and now at the gallows there were killed before his eyes a cow, two heifers, three sheep and two sows, with all of which he had committed his brutalities. His wife had seen him confounding himself with a bitch ten years before; and he then excused himself as well as he could, but conjured her to keep it secret.” He afterwards hanged the bitch, probably as a sort of vicarious atonement. According to this account he must have begun to practice sodomy when he was ten years of age, a vicious precocity which the author would doubtless explain on the theory of diabolical possession. In 1681, a habitual sodomite, who had been wont to defile himself with greyhounds, cows, swine, sheep and all manner of beasts, was brought to trial together with a mare, at Wünschelburg in Silesia, where both were burned alive. In 1684, on the 3rd of May, a bugger was beheaded at Ottendorf, and the mare, his partner in crime, knocked on the head; it was expressly enjoined that in burning the bodies the man’s should lie underneath that of the beast. In the following year, fourteen days before Christmas, a journeyman tailor, “who had committed the unnatural deed of carnal lewdness with a mare,” was burned at Striga together with the mare.
For the same offence Benjamin Deschauffour was condemned, May 25, 1726, to be tied to a stake and there burned alive “together with the minutes of the trial;” his ashes were strewed to the wind and his estates seized and, after the deduction of a fine of three thousand livres, confiscated to the benefit of his Majesty. In the case of Jacques Ferron, who was taken in the act of coition with a she-ass at Vanvres in 1750, and after due process of law, sentenced to death, the animal was acquitted on the ground that she was the victim of violence and had not participated in her master’s crime of her own free-will. The prior of the convent, who also performed the duties of parish priest, and the principal inhabitants of the commune of Vanvres signed a certificate stating that they had known the said she-ass for four years, and that she had always shown herself to be virtuous and well-behaved both at home and abroad and had never given occasion of scandal to any one, and that therefore “they were willing to bear witness that she is in word and deed and in all her habits of life a most honest creature.” This document, given at Vanvres on Sept. 19, 1750, and signed by “Pintuel Prieur Curé” and the other attestors, was produced during the trial and exerted a decisive influence upon the judgment of the court. As a piece of exculpatory evidence it may be regarded as unique in the annals of criminal prosecutions.