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superseded in Protestantism by prayer and fasting and in science by Paris green, 53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, "c7">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, Richard Clay & Sons, Limited, London and Bungay.

[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.