Curiosities of Olden Times. Baring-Gould Sabine

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СКАЧАТЬ is a question which we have been asking ourselves repeatedly, and which we now put before the reader. Is it possible to classify these wills? We have tried to do so, and have failed in every attempt. First, we have distributed them according to the bequests contained in them; – legacies of money, goods, animals, persons. There is no reason which can justify such an arbitrary system. Then again, when we arrange them according to the motives of the testator, as, wills indited by a perverted moral sense, or those composed under the influence of an aberration of the intellect, then we are obliged to exclude that of Corocotta Porcellus, of Jean Certain, beside many others, which can hardly be forced into position under either of these heads. And it is because the mind of man is too intricate, his motives too involved, his feelings too transient, his principles too obscure, for us to divide and subdivide the actions springing from them, as we can settle the classes of molluscs, or determine the genera of butterflies, – that in this paper we have attempted nothing of the kind. For wills are, as has been shown, as diverse as the hearts of men, of which they are the transcripts. An anatomist may dissect the heart, may name and register every muscle and fibre, – but he can tell us nothing of the motives which impelled that heart to throb faster, or chilled it to a sudden stillness. The bitterness of hate has left no poison in its cavities, in it the fleeting passion has set no seal, emotion left no trace, pity relaxed no nerve. The impulses which brought forth so full a leafage of action are lost, as the sap from the bare tree.

      So surely as the berry indicates the soundness of the root, the flower of the bulb, so does man’s last will tell of the goodness or foulness of the heart which conceived it. The cankered root sends up only a sickly germ, which brings forth no fruit in due season; whilst the wine that maketh glad the heart of man, the oil which maketh him a cheerful countenance, and the bread that strengthens his heart, have burst from roots which mildew has never marred, nor worm fretted.

      QUEER CULPRITS

      According to Jewish law, “If an ox gore a man or a woman that they die, then the ox shall be surely stoned, and his flesh shall not be eaten: but the owner of the ox shall be quit.” After giving this command, Moses proceeds to enforce the doctrine of the responsibility of the beast’s owner, and to ensure his punishment, should he wittingly let a dangerous animal run loose; also to make provision for his security under some extenuating circumstances. These commands were carried into the laws of mediæval Europe; the jurists, at the same time, introducing refinements of their own, and enforcing them in numerous cases, which afford matter for curious inquiry, and are full of technicalities and peculiarities, at once amusing and instructive, as throwing light on the customs and habits of thought in those times.

      Now take the case of a child injured by a sow, or a man killed by a bull: the trial was conducted in precisely the same manner as though sow and bull were morally criminal. They were apprehended, placed before the ordinary tribunal, and given over to execution.

      Again: an inroad of locusts or snails takes place. Common law is helpless, it may pronounce judgment, but who is to execute its decrees? Temporal power being palpably unavailing, the spiritual tribunal steps in; the decision of the magistrates being useless, perhaps excommunication may suffice. This, then, was an established maxim. If the criminal could be reached, he was handed over to the ordinary courts of justice; if, however, the matter was beyond their control, he fell within the jurisdiction of Ecclesiastical Courts. Poor culprit, not a loophole left by which to escape!

      Let us consider the manner of proceeding under the former circumstance. A bull has caused the death of a man. The brute is seized and incarcerated; a lawyer is appointed to plead for the delinquent; another is counsel for the prosecution. Witnesses are bound over, the case is heard, and sentence is given by the judge, declaring the bull guilty of deliberate and wilful murder; and, accordingly, that it must suffer the penalty of hanging or burning.

      The following cases are taken from among numerous others, and will afford examples:

      A.D. 1266. A pig burned at Fontenay-aux-Roses, near Paris, for having devoured a child.

      1386. A judge at Falaise condemned a sow to be mutilated in its leg and head, and then to be hanged, for having lacerated and killed a child. It was executed in the square, dressed in man’s clothes. The execution cost six sous, six deniers, and a new pair of gloves for the executioner, that he might come out of the job with clean hands.

      1389. A horse tried at Dijon, on information given by the magistrates of Montbar, and condemned to death, for having killed a man.

      1499. A bull was condemned to death at Cauroy, near Beauvais, for having in a fury “occis” a little boy of fourteen or fifteen years old.

      A farmer of Moisy let a mad bull escape. The brute met and gored a man so severely that he only survived a few hours. Charles, Count de Valois, having heard of the accident whilst at his château of Crépy, ordered the bull to be seized and committed for trial. This was accordingly done. The officers of the Count de Valois gathered all requisite information, received the affidavits of witnesses, established the guilt of the bull, condemned it to be hanged, and executed it on the gibbet of Moisy-le-Temple. The death of the beast thus expiated that of the man. But matters did not stop here. An appeal against the sentence of the Count’s officers was lodged before the Candlemas parliament of 1314 – drawn up in the name of the Procureur de l’Hôpital at Moisy, declaring the officers to have been incompetent judges, having no jurisdiction within the confines of Moisy, and as having attempted to establish a precedent. The parliament received and investigated the appeal, and decided that the condemnation of the bull was perfectly just, but found that the Count de Valois had no judicial rights within the territory of Moisy, and that his officers had acted illegally in taking part in the affair.

      Here is a list of the expenses incurred on the occasion of a sow’s execution for having eaten a child: —

      The charter of Eleanora, drawn up in 1395, and entitled “Carta de logu,” containing the complete civil and criminal code for Sardinia, enjoins that oxen and cows, whether wild or domesticated, may be legally killed when they are taken marauding. Asses convicted of similar delinquencies – common enough, by the way – are treated more humanely. They are considered in the same light as thieves of a higher order in society. The first time that an ass is found in a cultivated field not belonging to its master, one of its ears is cropped. If it commits the same offence again, it loses the second ear; should the culprit be hardened in crime, and inveterate enough to trespass a third time, it is not hanged, does not even lose its tail, but is confiscated to the Crown and goes to swell the royal herd.

      During the fourteenth and fifteenth centuries, the guilty animals suffered death on the gallows, and our sires considered that such a punishment must strike terror into the minds of all cattle-owners and jobbers, so as effectually to prevent them from suffering their beasts to stray at large over the country. Later on, however, these capital condemnations were done away with, the proprietor of the animal was condemned to pay damages, and the criminal was killed without trial.

      One more specimen, and we shall pass to cases coming under Ecclesiastical Courts.

      Country folk believe still that cocks lay eggs. This is an old superstition, people holding, formerly, that from these accursed eggs sprang basilisks, or horrible winged serpents.

      Gross relates, in his Petite Chronique de Bâle, that in the month of August 1474, an abandoned and profligate cock of that town was accused of the crime of having laid one of these eggs, and was brought before the magistrates, tried, convicted, and condemned to death.

      The court delivered over the culprit to the executioner, who burned it publicly, along with its egg, in a place called Kohlenberger, amidst a great concourse of citizens and peasants assembled to witness such a ludicrous execution.

      The СКАЧАТЬ