The Criminal Prosecution and Capital Punishment of Animals. Evans Edward Payson

The Criminal Prosecution and Capital Punishment of Animals - Evans Edward Payson


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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.”


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