The Criminal Prosecution and Capital Punishment of Animals

But not all animals were regarded as diabolical incarnations; on the contrary, many were revered as embodiments and emblems of divine perfections. In a work entitled Le Liure du Roy Modus et de la Reyne Racio (The Book of King Mode and Queen Reason), which, as the colophon records, was “printed at Chambery by Anthony Neyret in the year of grace one thousand four hundred and eighty-six on the thirtieth day of October,” King Mode discourses on falconry and venery in general. Queen Reason brings forward, in reply to these rather conventional commonplaces, “several fine moralities,” and dilates on the natural and mystic qualities of animals, which she divides into two classes, sweet beasts (bestes doulces) and stenchy beasts (bestes puantes). Foremost among the sweet beasts stands that which Milton characterizes as

“Goodliest of all the forest, hart and hind.”

According to the Psalmist, the hart panting after the water-brooks represents the soul thirsting for the living God and is the type of religious ardour and aspiration. It plays an important part in the legends of saints, acts as their guide, shows them where holy relics are concealed, and causes St. Eustace and St. Hubert to abandon the chase and to lead lives of pious devotion by appearing to them with a luminous cross between its antlers. The ten branches of its horns symbolize the ten commandments of the Old Testament and signify in the Roman ritual the ten fingers of the outstretched hand of the priest as he works the perpetual miracle of transubstantiation of the eucharist.

Chief of the stenchy beasts is the pig. In paganism, which to the Christians was merely devil-worship, the boar was an object of peculiar adoration; for this reason the farrow of the sow is supposed to number seven shotes, corresponding to the seven deadly sins. To the same class of offensive beasts belong the wolf, typical of bad spiritual shepherds, and the fox, which is described as follows: “Reynard is a beast of small size, with red hair, a long bushy tail and an evil physiognomy, for his visage is thin and sharp, his eyes deep-set and piercing, his ears small, straight and pointed; moreover he is deceitful and tricky above all other beasts and exceedingly malicious.” “We are all,” adds Queen Reason in a moralizing strain, “more or less of the brotherhood of Saint Fausset, whose influence is now-a-days quite extended.” Among birds the raven is pre-eminently a malodorous creature and imp of Satan, whereas the dove is a sweet beast and the chosen vessel for the outpouring of the Holy Spirit, the form in which the third person of the Trinity became incarnate.

This division of beasts corresponds in principle to that which is given in the Avesta, and according to which all animals are regarded as belonging either to the good creation of Ahuramazda or to the evil creation of Angrô-mainyush. The world is the scene of perpetual conflict between these hostile forces summed up in the religion and ethics of Zarathushtra as the trinity of the good thought, the good word, and the good deed (humata, hûkhta, huvarshta), which are to be fostered in opposition to the evil thought, the evil word, and the evil deed (dushmata, duzhûkhta, duzhvarshta), which are to be constantly combated and finally suppressed. Every man is called upon by the Iranian prophet to choose between these contraries; and not only the present and future state of his own soul, the complexion of his individual character, but also the welfare of the whole world, the ultimate destiny of the universe, depend, to no inconsiderable extent, upon his choice. His thoughts, words, and deeds do not cease with the immediate effect which they are intended to produce, but, like force in the physical world, are persistent and indestructible. As the very slightest impulse given to an atom of matter communicates itself to every other atom, and thus disturbs the equilibrium of the globe – the footfall of a child shaking the earth to its centre – so the influence of every human life, however small, contributes to the general increase and ascendency of either good or evil, and helps to determine which of these principles shall ultimately triumph. In the universal strife of these “mighty opposites,” the vicious are the allies of the devil; while the virtuous are not merely engaged in working out their own salvation, but have also the ennobling consciousness of being fellow-combatants with the Deity, who needs and appreciates their services in overcoming the adversary. This sense of solidarity with the Best and the Highest imparts additional elevation and peculiar dignity to human aims and actions, and lends to devotion a warmth of sympathy and fervour of enthusiasm springing from personal attachment and loyalty, which it is difficult for the Religion of Humanity to inspire. The fact, too, that evil exists in the world, not by the will and design of the Good Being, but in spite of him, and that all his powers are put forth to eradicate it, while detracting from his omnipotence, frees him from all moral obliquity and exalts his character for benevolence, thus rendering him far more worthy of love and worship and a much better model for human imitation than that “dreadful idealization of wickedness” which is called God in the Calvinistic creed. The idea that the humblest person may, by the purity and rectitude of his life, not only strengthen himself in virtue, but also increase the actual aggregate of goodness in the universe and even endue the Deity with greater power and aggressive energy in subduing and extirpating evil, is surely a sublime thought and a source of lofty inspiration and encouragement in well-doing, although it has been degraded by Parsi Dasturs – as all grand conceptions and ideals are apt to be under priestly influences – into a ridiculous and childish hatred of snakes, scorpions, frogs, lizards, water-rats, and other animals supposed to have been produced by Angrô-mainyush.

Plato held a similar theory of creation, regarding it not as the manifestation of pure benevolence endowed with almighty power, but rather as the expression of perfect goodness working at disadvantage in an intractable material, which by its inherent stubbornness prevented the full embodiment and realization of the original purpose and desire of the Creator or Cosmourgos, who was therefore obliged to content himself with what was, under the circumstances, the only possible, but by no means the best imaginable, world. The Manicheans attributed the same unsatisfactory result to the activity of an evil principle, which thwarted the complete actualization of the designs of the Deity. So conspicuous, indeed, is the defectiveness of nature as a means of promoting the highest conceivable human happiness, so marked and manifold are the causes of suffering in all spheres of sentient existence, and so often do the elements seem to conspire for the destruction of mankind, raging relentlessly like a wild beast

“Red in tooth and clawWith ravin,”

that every cosmogony has been compelled to assume the persistent intervention of some malignant spirit or perverse agency as the only rational explanation of such a condition of things. The orthodox Christianity of to-day gives over the earth entirely to the sovereignty of Satan, the successful usurper of Eden, and instead of bidding the righteous to look forward to the final re-enthronement and absolute supremacy of truth and goodness in this world as the consoles them with the vague promise of compensation in a future state of being. Even this remote prospect of redemption is confined to a select few; not only is the earth destined to be burned with fire on account of its utter corruption, but the great majority of its inhabitants are doomed to eternal torments in the abode of evil spirits.

“One far-off divine event,To which the whole creation moves,”

Scientific research also leads to the same conclusions in respect to the incompleteness of Nature’s handiwork, which it is the function of art and culture to amend and improve. Everywhere the correcting hand and contriving brain of man are needed to eliminate the worthless and noxious productions, in which Nature is so fatally prolific, and to foster and develop those that are useful and salutary, thus beautifying and ennobling all forms of vegetable and animal life. By a like process man himself has attained his present pre-eminence. Through long ages of strife and struggle he has emerged from brutishness and barbarism, and rising by a slow, spiral ascent, scarcely perceptible for generations, has been able gradually to

“Move upward, working out the beast,And let the ape and tiger die.”

The more man increases in wisdom and intellectual capacity, the more efficient he becomes as a co-worker with the good principle. At the same time, every advance which he makes in civilization brings with it some new evil for him to overcome; or, as the Parsi would express it mythologically, every conquest achieved by Ahuramazda and his allies stimulates Angrômainyush and his satellites to renewed exertions, who convert the most useful discoveries, like dynamite, into instruments of diabolical devastation. The opening of the Far West in the United States to agriculture and commerce, and the completion of the Pacific Railroad, not only served to multiply and diffuse the gifts of the beneficent and bountiful spirit (speñtô mainyush), but also facilitated the propagation and spread of the plagues of the grasshopper and the Colorado beetle. The power of destruction insidiously concealed in the minutest insect organism often exceeds that of the tornado and the earthquake, and baffles the most persistent efforts of human ingenuity to resist it. The genius and energy of Pasteur were devoted for years to the task of detecting and destroying a microscopic parasite, which threatened to ruin for ever the silk industry of France; and the Phylloxera and Doryphora still continue to ravage with comparative impunity the vineyards of Europe and the potato-fields of America, defying at once all the appliances of science for their extermination and all the attempts of casuistic theology to reconcile such scourges with a perfectly benevolent and omnipotent Creator and Ruler of the Universe. It is the observation of phenomena like these that confirms the modern Parsi in the faith of his fathers, and reveals to him, in the operations of nature and the conflicts of life, unquestionable evidences of a contest between warring elements personified as Hormazd and Ahriman, the ultimate issue of which is to be the complete triumph of the former and the consequent purification and redemption of the world from the curse of evil. The Parsi, however, recognizes no Saviour, and repudiates as absurd and immoral any scheme of atonement whereby the burden of sin can be shifted from the shoulders of the guilty to those of an innocent, vicarious victim. Every person must be redeemed by his own good thoughts, words, and deeds, as creation must be redeemed by the good thoughts, words, and deeds of the race. After death, the character of each individual thus formed appears to him, either in the form of a beautiful and brilliant maiden, who leads him over the Chinvad (or gatherer’s) bridge, into the realms of everlasting light, or in the form of a foul harlot, who thrusts him down into regions of eternal gloom.

But to return from this digression; it is not only in the Venidad that certain classes of animals are declared to be creations of the archfiend, and therefore embodiments of devils; additional proofs of this doctrine were derived by mediæval writers from biblical and classical sources. A favourite example was the metamorphosis of Nebuchadnezzar, who, when given over to Satan, dwelt with the beasts of the field and ate grass as oxen, while his hair grew like eagles’ feathers and his nails like birds’ claws. Still more numerous and striking instances of this kind were drawn from pagan mythology, which, being of diabolical origin, would naturally be prolific of such phenomena. Thus, besides centaurs and satyrs, “dire chimeras” and other “delicate monsters,” there were hybrids like the semi-dragon Cecrops and transformations by which Io became a heifer, Dædalion a sparrow-hawk, Corone a crow, Actæon a stag, Lyncus a lynx, Mæra a dog, Calisto a she-bear, Antigone a stork, Arachne a spider, Iphigenia a roe, Talus a partridge, Itys a pheasant, Tereus Ascalaphus and Nyctimene owls, Philomela a nightingale, Progne a swallow, Cadmus and his spouse Harmonia snakes, Decertis a fish, Galanthis a weasel, and the warriors of Diomedes birds, while the companions of Ulysses were changed by Circe, the prototype of the modern witch, into swine. All these metamorphoses are adduced as the results of Satanic agencies and proofs of the tendency of evil spirits to manifest themselves in bestial forms.

Towards the end of the ninth century the region about Rome was visited by a dire plague of locusts. A reward was offered for their extermination and the peasants gathered and destroyed them by millions; but all efforts were in vain, since they propagated faster than it was possible to kill them. Finally Pope Stephen VI. prepared great quantities of holy water and had the whole country sprinkled with it, whereupon the locusts immediately disappeared. The formula used in consecrating the water and devoting it to this purpose implies the diabolical character of the vermin against which it was directed: “I adjure thee, creature water, I adjure thee by the living God, by Him, who at the beginning separated thee from the dry land, by the true God, who caused thee to fertilize the garden of Eden and parted thee into four heads, by Him, who at the marriage of Cana changed thee into wine, I adjure thee that thou mayst not suffer any imp or phantom to abide in thy substance, that thou mayst be indued with exorcising power and become a source of salvation, so that when thou art sprinkled on the fruits of the field, on vines, on trees, on human habitations in the city or in the country, on stables, or on flocks, or if any one may touch or taste thee, thou shalt become a remedy and a relief from the wiles of Satan, that through thee plagues and pestilence may be driven away, that through contact with thee weevils and caterpillars, locusts and moles may be dispersed and the maliciousness of all visible and invisible powers hostile to man may be brought to nought.” In the prayers which follow, the water is entreated to “preserve the fruits of the earth from insects, mice, moles, serpents and other foul spirits.”

This subject was treated in a lively and entertaining manner by a Jesuit priest, Père Bougeant, in a book entitled Amusement Philosophique sur le Langage des Bestes, which was written in the form of a letter addressed to a lady and published at Paris in 1739. In the first place, the author refers to the intelligence shown by animals and refutes the Cartesian theory that they are mere machines or animated automata. This tenet, we may add, was not original with Descartes, but was set forth at length by a Spanish physician, Gomez Pereira, in a bulky Latin volume bearing the queer dedicatory title: “Antoniana Margarita opus nempe physicis, medicis ac theologis non minus utile quam necessarium,” and printed in 1554, nearly a century before the publication of Descartes’ Meditationes de prima philosophia and Principia philosophiae, which began a new epoch in the history of philosophy.

If animals are nothing but ingenious pieces of mechanism, argues the Jesuit father, then the feelings of a man towards his dog would not differ from those which he entertains towards his watch, and they would both inspire him with the same kind of affection. But such is not the case. Even the strictest Cartesian would never think of petting his chronometer as he pets his poodle, or would expect the former to respond to his caresses as the latter does. Practically he subverts his own metaphysical system by the distinction which he makes between them, treating one as a machine and the other as a sentient being, endowed with mental powers and passions corresponding, in some degree, to those which he himself possesses. We infer from our own individual consciousness that other persons, who act as we do, are free and intelligent agents, as we claim to be. The same reasoning applies to the lower animals, whose manifestations of joy, sorrow, hope, fear, desire, love, hatred and other emotions, akin to those passing in our own minds, prove that there is within them a spiritual principle, which does not differ essentially from the human soul.

But this conclusion, he adds, is contrary to the teachings of the Christian religion, since it involves the immortality of animal souls and necessitates some provision for their reward or punishment in a future life. If they are capable of merits and demerits and can incur praise and blame, then they are worthy of retribution hereafter and there must be a heaven and a hell prepared for them, so that the pre-eminence of a man over a beast as an object of God’s mercy or wrath is lost. “Beasts, in that case, would be a species of man or men a species of beast, both of which propositions are incompatible with the teachings of religion.” The only means of reconciling these views, endowing animals with intellectual sense and immortal souls without running counter to Christian dogmas, is to assume that they are incarnations of evil spirits.

Origen held that the scheme of redemption embraced also Satan and his satellites, who would be ultimately converted and restored to their primitive estate. Several patristic theologians endorsed this notion, but the Church rejected it as heretical. The devils are, therefore, from the standpoint of Catholic orthodoxy, irrevocably damned and the blood of Christ has made no atonement for them. But, although their fate is sealed their torments have not yet begun. If a man dies in his sins, his soul, as soon as it departs from his body, receives its sentence and goes straight to hell. The highest ecclesiastical authorities have decided that this is not true of devils, who, although condemned to everlasting fire, do not enter upon their punishment until after the judgment-day. This view is supported by many passages and incidents of Holy Writ. Thus Christ declares that, when the Son of man shall come in his glory, he shall say unto them on his left hand, “Depart from me, ye cursed, into everlasting fire prepared for the devil and his angels.” Here it is not stated that the devils are already burning, but that the fire has been “prepared” for them, a form of expression which leads us to infer that they were not yet in it. Again the devils, which Christ drove out of the two “exceeding fierce” demoniacs, protested against such interference, saying, “Art thou come hither to torment us before the time?” This question has no significance, unless we suppose that they had a right to inhabit such living beings as had been assigned to them, until the time of their torment should come on the last day. Père Bougeant is furthermore of the opinion that, when these devils were sent miraculously and therefore abnormally into the swine, they came into conflict with the devils already in possession of the pigs, and thus caused the whole herd to run violently down a steep place into the sea. Even a hog, he thinks, could not stand it to harbour more than one devil at a time, and would be driven to suicide by having an intrinsic and superfluous demon conjured into it. A still more explicit and decisive declaration on this point is found in the Epistle of Jude and the Second Epistle of Peter, where it is stated that the angels which kept not their first estate the Lord hath reserved in everlasting chains under darkness unto the judgment of the great day. These words are to be understood figuratively as referring to the irrevocableness of their doom and the durance vile to which they are meanwhile subjected. That they are held in some sort of temporary custody and are not actually undergoing, but still awaiting the punishment, which divine justice has imposed upon them, the sacred scriptures and the teachings of the Church leave no manner of doubt.

Now the question arises as to what these legions of devils are doing in the meantime. Some of them are engaged in “going to and fro in the earth and walking up and down in it,” in order to spy out and take advantage of human infirmities. God himself makes use of them to test the fealty of men and their power of holding fast to their integrity under severe temptations, just as the Creator made fossils and concealed them in the different strata of the earth, in order to see whether Christian faith in the truth of revelation would be strong enough to resist the seductions of “science falsely so called.” Other devils enter into living human bodies and give themselves up to evil enchantments as wizards and witches; others still reanimate corpses or assume the form and features of the dead and wander about as ghosts and hobgoblins. Not only were pagans regarded by the Christian Church as devil-worshippers and exorcised before being baptized, but it is also a logical deduction from the doctrine of original sin, that a devil takes possession of every child as soon as it is born and remains there until expelled by an ecclesiastical functionary, who combines the office of priest with that of conjurer and is especially appointed for this purpose. Hence arose the necessity of abrenunciation, as it was called, which preceded baptism in the Catholic Church and which Luther and the Anglican reformers retained. Before the candidate was christened he was exorcised and adjured personally, if an adult, or through a sponsor, if an infant, to “forsake the devil and all his works.” These words, which still hold a place in the ritual, but are now repeated in a perfunctory manner by persons, who have no conception of the magic potency formerly ascribed to them, are a survival of the old formula of exorcism. In the seventeenth century there was a keen competition between the Roman Catholic and the Lutheran clergy in casting out devils, the former claiming that to them alone had been transmitted the exorcising power conferred by Christ upon his apostles. The Protestant churches finally gave up the hocus-pocus and during the eighteenth century it fell into general discredit and disuse among them, although some of the stiffest and most conservative Lutherans never really abandoned it in principle and have recently endeavoured to revive it in practice.

The Catholic Church, on the contrary, still holds that men, women and cattle may be possessed by devils and prescribes the means of their expulsion. In a work entitled Rituale ecclesiasticum ad usum clericorum S. Fransisci by Pater Franz Xaver Lohbauer (Munich, 1851), there is a chapter on the mode of helping those who are afflicted by demons (Modus juvandi afflictos a daemone). The author maintains that nearly all so-called nervous diseases, hysteria, epilepsy, insanity, and milder forms of mental alienation, are either the direct result of diabolical agencies or attended and greatly aggravated by them. A sound mind in a sound body may make a man devil-proof, but Satan is quick to take advantage of his infirmities in order to get possession of his person. The adversary is constantly lying in wait watching for and trying to produce physical derangements as breaches in the wall, through which he may rush in and capture the citadel of the soul. In all cases of this sort the priest is to be called in with the physician, and the medicines are to be blessed and sprinkled with holy water before being administered. Exorcisms and conjurations are not only to be spoken over the patient, but also to be written on slips of consecrated paper and applied, like a plaster, to the parts especially affected. The physician should keep himself supplied with these written exorcisms, to be used when it is impossible for a priest to be present. As with patent medicines, the public is warned against counterfeits, and no exorcism is genuine unless it is stamped with the seal and bears the signature of the bishop of the diocese. According to Father Lohbauer, the demon is the efficient cause of the malady, and there can be no cure until the evil one is cast out. This is the office of the priest; the physician then heals the physical disorder, repairing the damage done to the body, and, as it were, stopping the gaps with his drugs so as to prevent the demon from getting in again. Thus science and religion are reconciled and work together harmoniously for the healing of mankind.

The Catholic Church has a general form of Benedictio a daemone vexatorum, for the relief of those vexed by demons; and Pope Leo XIII., who was justly esteemed as a man of more than ordinary intelligence and more thoroughly imbued with the modern spirit than any of his predecessors, composed and issued, November 19, 1890, a formula of Exorcismus in Satanam et Angelos Apostatas worthy of a place in any mediæval collection of conjurations. His Holiness never failed to repeat this exorcism in his daily prayers, and commended it to the bishops and other clergy as a potent means of warding off the assaults of Satan and of casting out devils. In 1849 the Bishop of Passau published a Manuale Benedictionum, and as late as 1893 Dr. Theobald Bischofberger described and defended the practice of the papal see, in this respect, in a brochure printed in Stuttgart and entitled Die Verwaltung des Exorcistats nach Massgabe der römischen Benediktionale.