Abbott, Rev. Lyman, regards bad impulses as suggestions of evil spirits,76Achan, his severe punishment by Joshua,180Addosio, Carlo d’, hisBestie Delinquenticited,1,4;his list of animal prosecutions,135;on pigs as a public nuisance in Italy,159Æschines, cited,172Æschylus, hisChoephoroicited,174Ahuramazda,57,61,82,176Alard, Jean, burned alive as a Sodomite for coition with a Jewess,153Altiat, his poem quoted,93Amira, Prof. Karl von, hisThierstrafen und Thierprocessecited,1-3,137Anathemas, 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against noxious vermin,37;made more effective by the prompt payment of tithes,37;differ from excommunications,51-54;superseded in Protestantism by prayer and fasting and in science by Paris green,53Animals, prosecuted by civil and ecclesiastical courts,2;office of the Church in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,247-252Anatolus, his “Geoponics,”133Angel, Emile, cited,124Anglo-Saxon law, its retributive character,168;its cruel doctrine of accessories,178;on tainted swords,187Angrô-mainyush,57,59,61,82Anthony, St., patron of pigs,158Anthropologists, criminal researches of211,215Aquinas.SeeThomasArcadius, his atrocious edict,179Ashes, modern and mediæval use of vermifugal,53Augustine, St., cited,94,106Aura corrumpensin houses and stalls,8Aurelian, Father, on diabolical possession,75Avesta, on exorcisms,36;on good and evil creations,57;on mad dogs,176Ayrault, Pierre, his protest against animal prosecutions,109Azpilcueta, Martin.SeeDr. Navarre.Baal-zebub (Beelzebub), fly-god,84;his preference for black beasts,165Bailly, Gaspard, hisTraité des Monitoirescited,52,92-108“Basilisk-egg,”10Basilius, St., his insect-expelling girdle,136Basilovitch, Ivan, his conception of retributive justice,183Bassos, Kassianos, prefers rat-bane to adjuration,132Beasts, sweet and stenchy,55Bees, tainted honey of homicidal,9Bell, banished to Siberia by the Russian Government,175Benedikt Prof., on the brain-formation of criminals,212Bernard, Claude, his idea of the physiologist,245Bernard, St., kills flies by cursing them,28Bernardes, Manoel, hisNova Floresta,124Berriat-Saint-Prix, his valuable researches,2,17,20;list of prosecuted animals,135-137Bichat, his defective cranium,217Bischofberger, Dr. Theobald, his curious theory of the effects of unexpiated crime on persons and property,6-8;his recent brochure in defence of exorcisms,73Bischoff, Prof., his hobby refuted by the weight of his own brain,218Blackstone, on deodands,186,189,192Blood-letting, as a panacea in law and medicine,194“Blue Laws,” an advance in penal legislation,209Bodelschwingh, hisbacillus infernalis,91Boehme, Jacob, his definition of magic,127Boër, Nicolaus, on cohabitation with a Jewess as sodomy,153Bogos, homicidal beasts executed by the,155Bonnivard, François, presides as judge in a trial of vermin,38Borromeo, Carlo, his cruelty in punishing heresy,208Bougeant, Père, hisAmusement Philosophiquecited,66-69;80-86,88-90,92Bracton,167;on deodands,186Brain, its size not always a measure of mental capacity,217-219Browne, Dr. William Hand, cited,187Buggery, 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,153Bull, executed for murder,161Calvin, his conception of God,59Canute, King,178Carolina, the, its severe penalties,182Carpzov, Benedict, on sodomy,151Cattle, bewitched by bad air,8Cervantes,167Character, factors in the formation of,219;responsibility for,239,243Charcot, Dr., on the curative power of faith,80,225Chassenée, Bartholomew, hisConsilia,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,32Chinese, recent beheading of idols for murder,174Church, 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,50Cicero, cited,22,101;his approval of atrocious penalties,178Cock, burned at the stake for laying eggs,10,11,162;nature and origin of its supposed eggs,163-5Cockatrice,12,163Coleridge, his definition of madman,228Corpses, prosecuted and executed,110,198,199;cannot inherit,110“Corruption of blood,” in theology and law,181Courcelle-Seneuil, his view of prisons,212Cows, executed for homicide,169Cranks, execution of,249-251Cretella,17Cretins, their brains not always abnormal,219;sentenced to death,251Criminality, 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,252,256Crollanza, his record of the prosecution of caterpillars,122Crosiers, vermifugal efficacy of,30Cybele, invoked against vermin,133Damhouder, Jacobus, picture of animal crimes in hisRerum Criminalium Praxis,16;citations from this work,109,146;regards sexual intercourse with Jews, Turks, and Saracens as sodomy,153Dasturs, Parsi, Zarathushtra’s teachings degraded by the,59Demosthenes, cited,172Deodands, nature of,186-190,192;abolished in England under Queen Victoria,192Devils, 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,229Didymos, his “Geoponics,”133Dimitri, Prince, bell banished to Siberia for rejoicing over his assassination,175Dogs, trial and execution of mad,176;crucified in Rome for imputed crime,177Döpler, Jacob, on sodomy,152;onLex talionis,182;on vampires,197Dove, symbol of the Holy Ghost,57Draco (Drakôn), his law punishing weapons,172Dreyfus, his prosecution instigated by a sensational novel,253-255Ducol, Pierre, prosecutor of weevils,38Dumas, hisCount of Monte Christocited,240Duret, Jean, hisTreatise on Pains and Penalties,108Ecclesiastical tribunal, an, rejects the Mosaic law and discusses crime from a psychiatrical point of view,170Eldrad, St., expels serpents,50Electricity, execution by,210Elk, as demon,90Erechtheus, punishment of deadly weapons,172Erinnys, appeasing the,174Escheat, in Scotch law,189Eusebius, describes hell as very cold,105Eustace, St.,56Evolution, dogma of original sin supplanted by the doctrine of,232Excommunications, pronounced against insects by the Church,3;sold at Rome,30;properly speaking, animals not subject to,51,100;comical survivals of,128.SeeAnathemasExorcisms, their efficiency recognized by Heidelberg professors,27;applied as plasters,72;superseded by conjurations among Protestants,125;by Mohammedans,137Falcon, Pierre, defender of weevils,38Felo de se, a sort of treason,190.SeeSuicideFeuchtersleben, Baron Von, records cases of morbid imitation,253Field-mice, conjuration of,133Flesh of executed animals tainted,169Flies as demons,28,86Florian, St., the protector of houses from fire,136Fly-flaps, papal,29Formosus, Pope, his corpse tried and condemned for usurpation,198Foscolo, Ugo, his cranium that of an idiot,218Fox, diabolical nature of the,56Frederic the Great, his penal reforms,207Fricker, Thüring, doctor of laws, chancellor and prosecutor of inger,116Gadflies, episcopal rescript against,124Galton, on heredity,239Gambetta, his small and abnormal brain,217Geese, sacred, rewarded at Rome for the vigilance of their foremothers,177Genius, to madness close allied,228Görres, recent case of conjuration recorded by,125Gratiolet, on the brain of the “Hottentot Venus,”218Greeks, ancient, ascribed pestilence to the miasma of unexpiated murder,9,174Gregory of Tours, on bronze dormice and serpents as talismans,132Greysser, Daniel, the efficiency of bans not supernatural,128Gross, his mis-statement concerning the cock of Bâle,162Guiteau, deterrent effect of his execution,250Harpokration, Valerius, cited,172Harrison, Miss, cited,187Hart, symbolism of the,56Hawks, dead, as protectors of hens,252Hemmerlein, Felix.SeeMalleolusHens, crowing,10Heredity, its predetermining influence as viewed by theologians and scientists,232Heymanns, Mynheer, on responsibility for character,243Hierarchies, their failure in civil government,249Honorius, his atrocious edict,179Horses, condemned to death for homicide,162Hubert, St.,56Hugon, St., expels venom from serpents by excommunication,103Hunters among savages, their superstitious fear of killing wild animals,174Hypnotism, its causal relation to crime,223-226;as the basis of the witchcraft delusion,225Idols, decapitation of,174Inger, prosecuted and put under ban,113-115;not in Noah’s Ark,120Insanity, degrees of,200-203;in Italian and German law,204-206;difficulty of defining,226-228;in English law,246;moral,250;as a shelter for crime,256Insects, prosecution of,37,41-49;incarnations of demons,86Italy, palliation of crime in,203,204Jeanneret, Marie, her toxicomania,240-246Jews, in Christian legislation on a par with beasts,152,165John the Lamb, his curse fatal to fish,28Jonson, Ben, cited,130Jordan, Father, casts out devils with Lourdes water in 1887,74Jörgensen, cited,17Joshua, his penal cruelty,180King Mode, his discourse with Queen Reason,55Kirchenheim, Prof. Von, urges reform of our penal codes,219Koran, the, on the punishment of beasts,171Kukis, destroy homicidal trees,171Laas, his definition of judicial punishment,238Lacassagne, his six categories of crime,235Langevin, Pierre Gilles, fresco of the execution of a sow described by,141Lapeyronie, his dissertation proving that cocks never lay eggs,163Le Bon, on hereditary criminality,223Leipsic, decision of the Law Faculty concerning a homicidal cow,169Leo XIII., his exorcism of Satan and apostate angels,73Letang, Louis, causal relation of his novel to the Dreyfus affair,254Lex talionis, striking applications of this oldest form of penal justice,167;inflicts horrible mutilations,182Lilienberg, Mathias Abele Von, his record of a dog sentenced to prison,175Liszt, Prof. Von, on retributive and preventive penalties,237Locusts, expelled by exorcisms and aspergeoires,3,64;dispersed and destroyed by excommunication,22,93,94;prosecution of,95-108,136Lohbauer, Pater Franz Xaver, ascribes nervous disease to diabolical possession,71Lombroso, on animals as born criminals,14;opposed to trial by jury,185;regards tattooing, dark thick hair and thin beards, as signs of criminality,213;on ativism as the source of crime,215;innate criminality not eradicated by education,223;compares the capital punishment of cretins and cranks to that of animals,251Lucifer, writhes under the water of Lourdes,74Lycia, punished by imputation,180Majolus, cited,86Maledictions.SeeAnathemasMalleolus, Felix, his theory of exorcisms endorsed by Heidelberg professors,27;records a prosecution of Spanish flies,110;his formula for banning serpents,121Mangin, Arthur, cited,16,139Manicheans, their doctrine of good and evil,60Manouvrier, Dr., likens Gambetta’s skull to that of a savage,217Mantegazza, Prof., his “tormentatore,”245Manu, Institutes of,168Marro, on metaphors as facts,216Mather, Cotton, records the execution of a pious Sodomite and eight beasts,148Ménebréa, M. L.,2,17;his theory untenable,40Mephistopheles, the lord of rodents and vermin,85Mithridates, experiments with poisons,244Moles, prosecution of,111-113Monks, as landed proprietors in France,158Monomania, frequency of,227Morel, Claude, defender of weevils,38Mornacius, his record of mad dogs sentenced to death,176Morselli, Prof., on the causes of suicide,229Mosaic law, the, rejected by an ecclesiastical court,170;barbarity of,167,180Murder, miasma of,9,174;weapons tainted by,187-190Mutilations, in accordance with the Lex talionis,176,182Mythology, monstrosities and metamorphoses of classical,64;in modern life,228Naquet, regards criminals as no more culpable than poisons,212Narrenkötterlein, dog sentenced to a,175Nature, imperfection of,61Navarre, Dr., regards fish as cacodemons,90Nebuchadnezzar, a satanic metamorphosis,63Nikôn, his statue punished for manslaughter committed in self-defence,172Noah, God’s covenant with him required the capital punishment of beasts,168Novels, morbific influence of sensational,253Numa Pompilius, quoted,106;his law for protecting boundary stones,183Origen, believed in the ultimate redemption of Satan,68Osenbrüggen, Eduard, his theory of the personification of animals,10,17Ovid, quoted,101,103Oxen, executed,168;punished although innocent,183Pachacutez, barbarous code of this Peruvian Justinian,179Papal See, trial and punishment of corpses by the,198Pape, Guy, cited,108Paracelsus, on the magnetic power of the will,126Pardoning power, exercise of the,248Parsis, their Dasturs,59;co-workers of Ahuramazda,61,82;no doctrine of atonement,63Pasteur, exterminates noxious microbes,62Patriotism as a perverter of justice,185Pausanias cited,172Penology, 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,248Pereira Gomez, forerunner of Descartes,66Perjury, retaliative punishment of,182Perrodet, Jean, defender of inger,118Phlebotomy.SeeBlood-lettingPico di Mirandola, quoted,103Piety, market value of,7Pigs.SeeSwinePirminius, St., his anathema of venomous reptiles,29Plato, his theory of creation,59;on homicidal animals,173;on retributive and preventive punishment,237Pliny, quoted,103Pollux, Julius, quoted,172Potter, a pious Sodomite executed,148Predestination in theology and science,232-234Prussia, barbarous punishments,180;opposed to reform,205Prytaneion (Prytaneum), condemned inanimate objects for crime,172;but not corpses,199Pufendorf, Samuel, on contagiousness in crime,256Puritans, their penal enactments,209Pythagoras, his doctrine of transmigration,87Queen Reason, her discourse on animals in reply to King Mode,56-58Racine, his caricature of beast trials inLes Plaideurs,166,361Ram, banished to Siberia,175Randolph, his allusion to rhyming rats,130Rats, prosecution of,18-21,136;friendly letters of advice to,129;Irish custom of rhyming,130Raven, an imp of Satan,57Renaud d’Alleins, on equal rights of Waldenses and rats,20Responsibility, moral and penal,210Reusch, Prof. Dr. Fr. Heinrich, denounces bishops as promoters of superstition,14Ro-ro-ro-ro, an anti-semitic devil cast out in 1842,73Rosarius, Hierolymus, describes the exposure of crucified lions and gibbeted wolves as a warning to their kind,251;regards animals as often more rational than men,252Satan, his earthly sovereignty,60,70;the doctrine of his final redemption,68Schilling, on the prosecution of inger,113,120Schläger, cited,176Schleswig, its punishment of homicidal timber,187Schmid, Bernard, his sermon on the devastations by inger,113-115Scholasticism, quiddities of,33Schopenhauer, his theory of the will,127;man’s responsibility for character alone,239,243Schwabenspiegel, barbarity of this old German code,178Schwarz Mining, prosecutor of moles,112Schweinfurter Sauhenker, origin of the term,147Serpents, destroyed by St. Eldrad,51;freed from poison by St. Hugon,103Shakespeare, alludes to “be-rhymed” rats,130;and a wolf on the gallows,157Silius Italicus, quoted,103Simon, Max, on the morbid spirit of imitation,253Sociology, its influence on criminal jurisprudence,238Socrates, on self-perfection,234Sodomy.SeeBuggerySoldan, cited,17Sparrows, put under ban by a Protestant parson,128Stephen VI., Pope, adjures locusts,65;prosecutes the corpse of his predecessor,198;strangled in prison,199Suicide, punishment of the wife and children of a,190;condemned as a crime and also recognized as a right,191,192;due to manifold influences,229Superstition, fostered by bishops and Jesuits,14Swallows, anathematized for chattering in church,28Swine, execution of,16,140-145,149,153-157,161,169;as stenchy beasts peculiarly attractive to devils,56,165;Gadarene,69,91,165Swords, tainted,187Taine, his definition of man,214Tarde, defines the mob as a mad beast,236Tatian, his fellow-citizen punished for his offences,180Tattooing, not peculiar to criminals,213Termites, prosecuted by Franciscans in Brazil and praised by their defender as more industrious than the friars,123Tertullian, quoted,106Theognis, his bust punished for murder,172Thomas à Becket, his bones burned by Henry VIII.,198Thomas Aquinas, regarded animals only as diabolical incarnations,53-55,88,101,103Thurneysser, his bottled scorpions and elk feared as demons,90Tithes, importance of the prompt payment of,37,94,107Tobler, G., on animal prosecutions in Switzerland,1,170Treason, barbarously punished by Roman, Prussian, and Judaic law,179-181Trench, Richard Chevenix, his justification of the cursing of the fig-tree,25Treufels, Richard, his belief in the exorcism at Wemding in 1891,75Tribunals, proper office of criminal,211,232,248Tritheim, on Satan’s invisible apparition,166Tschech, executed, and his innocent daughter exiled for his crime,179Türler, records the rejection of the Mosaic law by the ecclesiastical court of Berne,170Vampires, superstitions concerning,195-198Vendetta, in semi-civilized communities,178Venidad, quoted,63Ventilation, “bewitched kine” the result of bad,8Vermin.SeeInsectsVirgil, quoted,26Weevils, prosecuted for damage to vineyards,38-49Wemding, recent case of diabolical possession in,75Were-wolves, incarnate ghosts,195;decree for their extermination,198Werther, Goethe’s, sentimentalism and suicidism produced by,253Winterstetter, Georg, his rescript concerning gadflies,125Witches in Judaic and mediæval law, on a par with animals,145;rendered harmless by burning,196Worms, Council of, its decree concerning tainted honey,9Zarathushtra (Zoroaster), his ethics and its workings,57-59Zoöpsychology, in its relation to anthropopyschology and criminology,237Zupetta, on partial vitiation of mind,201