When Animals Were Put on Trial in Medieval Europe

Most of us twen­ty-first-cen­tu­ry urban­ites have a fair­ly sen­ti­men­tal view of farm ani­mals, pre­cise­ly because so many gen­er­a­tions have gone by since they’ve been part of our dai­ly lives. (In South Korea, where I live, the agri­cul­tur­al past remains just with­in liv­ing mem­o­ry. Per­haps that’s why so many restau­rants in Seoul adver­tise their meat with pic­tures of the ani­mals it comes from, some­times dressed in chef’s garb and cheer­ful­ly serv­ing up the very dish­es they’re about to become.) Things were dif­fer­ent in medieval Europe, where ani­mals were both a neces­si­ty and a poten­tial dan­ger. His­to­ry records many instances of seri­ous harm done to humans by hors­es, bulls, and espe­cial­ly pigs, who seem to have had a par­tic­u­lar ten­den­cy to turn on chil­dren.

Today we would describe the killing of a child as an inhu­man act, a term that, in these cas­es, applies more than fig­u­ra­tive­ly. As for the fate of the vio­lent­ly offend­ing ani­mal, we might imag­ine that it would be sum­mar­i­ly slaugh­tered, but between the tenth and eigh­teenth cen­turies — and espe­cial­ly in the fif­teenth and six­teenth cen­turies — it might well have been brought into a court­room first. Though oth­er crea­tures had already been sub­ject to legal pro­ceed­ings for quite some time, “the ear­li­est record­ed pig tri­al took place in Fonte­nay-aux-Ros­es, just out­side Paris, in 1266,” writes Alexan­der Lee at His­to­ry Today. “By the ear­ly fif­teenth cen­tu­ry, how­ev­er, they had become estab­lished prac­tice through­out Nor­mandy and the Île-de-France,” even­tu­al­ly spread­ing beyond the bor­der to Italy, Ger­many, and the Low Coun­tries.

“As con­tem­po­rary stu­dents of the Cor­pus iuris civilis knew, it was a basic prin­ci­ple of Roman law that ani­mals could not be cul­pa­ble,” Lee adds. “Lack­ing rea­son, they were inca­pable of har­bor­ing crim­i­nal intent and hence could not be guilty of a crime.” But in un-Roman north­ern France, “the admin­is­tra­tion of sec­u­lar jus­tice was still large­ly the con­cern of local seigneurs and was gov­erned pre­dom­i­nant­ly by cus­tom rather than statute.” Thus sus­tained, ani­mal tri­als served pur­pos­es beyond sim­ple pun­ish­ment. “For medieval peo­ple, the world was cre­at­ed by God in a very log­i­cal way, with ani­mals cre­at­ed first, in order to serve and help human beings who were cre­at­ed in the image of God,” says Uni­ver­si­ty of Liv­er­pool medieval Euro­pean mon­ster expert Dami­an Kempf, quot­ed in Pop­u­lar Sci­ence by Anne Ewbank. In that world­view, try­ing and exe­cut­ing a pig could “restore what was bro­ken.”

Unlike domes­tic ani­mals, accord­ing to Sonya Vatom­sky at JSTOR Dai­ly, destruc­tive mice, bee­tles, snails, wee­vils, and oth­er ver­min would be sent to eccle­si­as­ti­cal tri­bunals. “Despite being unlike­ly can­di­dates for Catholi­cism, such crea­tures were pun­ished with excom­mu­ni­ca­tion, not exe­cu­tion,” she writes, since cast­ing them out of God’s domain would allow humans to exter­mi­nate them with peace of mind. Vatom­sky also quotes econ­o­mist Peter T. Leeson’s the­o­ry that the Catholic Church tried more ani­mals when peo­ple got lax about tithing, with the aim of “bol­ster­ing cit­i­zens’ belief in the valid­i­ty of Church pun­ish­ments for tithe eva­sion.” Putting ani­mals on tri­al may now strike us as grotesque, but like any alien-seem­ing episode of his­to­ry, it also reveals the beliefs on which a past soci­ety oper­at­ed — a mode of analy­sis that gets one won­der­ing how far the mod­ern Unit­ed States is from giv­ing them the right to sue.

Relat­ed Con­tent:

Why Ani­mals Look So Strange in Medieval Man­u­scripts

1,000 Years of Medieval Euro­pean His­to­ry in 20 Min­utes

The Aberdeen Bes­tiary, One of the Great Medieval Illu­mi­nat­ed Man­u­scripts, Now Dig­i­tized in High Res­o­lu­tion & Made Avail­able Online

A Free Yale Course on Medieval His­to­ry: 700 Years in 22 Lec­tures

Cats in Medieval Man­u­scripts & Paint­ings

Based in Seoul, Col­in Marshall writes and broad­casts on cities, lan­guage, and cul­ture. He’s the author of the newslet­ter Books on Cities as well as the books 한국 요약 금지 (No Sum­ma­riz­ing Korea) and Kore­an Newtro. Fol­low him on the social net­work for­mer­ly known as Twit­ter at @colinmarshall.


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