odditiesanalysisThe Public Domain ReviewMedieval to early modern · France

Medieval European courts put pigs, rats and sparrows on trial, and sometimes executed them

the gist

For centuries in medieval and early modern Europe, courts tried animals as if they were people. Pigs accused of killing children could be sentenced to the gallows, sparrows could be prosecuted for disrupting church services, and a gang of rats was once acquitted on a technicality. Animals were given defence lawyers and trials that followed legal procedure, because the courts believed a creature could be guilty of a crime. These cases were usually about public order, property and the need for justice to be seen to be done. The records show a legal system trying to make sense of responsibility in a world where animals lived alongside people.

how it works

Courts treated the animal as a defendant, with charges, witnesses, sometimes a defence advocate and a sentence. Medieval legal thinking saw an animal's act as a wrong that the community had to answer, sometimes through punishment and sometimes through an acquittal.

so what

Animal trials reveal how medieval law understood responsibility, justice and the community's role in restoring order. They are a vivid example of how past societies drew lines between people, animals and the law.

more on this

background

In legal history, an animal trial is a trial of a non-human animal. These trials were conducted in both secular and ecclesiastic courts. Records of such trials show that they took place in Europe from the thirteenth to the eighteenth century. The legal archives on animal cases are spotty. France has preserved significant documentation, but, more generally, extant records do not permit a comprehensive analysis of the prevalence and distribution of these cases at different points in time and place.

In the modern era, non-human animals cannot be held culpable for an act in most criminal justice systems on the grounds that they lack moral agency.

From Wikipedia: Animal trial (CC BY-SA 4.0) ↗ · text CC BY-SA 4.0

Image: The Public Domain Review