WE sometimes read about ‘vicious’ animals being put down, for attacking humans. But, bizarrely, in Medieval times, in some European countries, there were actually cases of animals being tried and sentenced in court.

In 14th century York there was a complaint that “the air is stinking on account of pigsties and because swine wander the streets” and the “foulness of the air can cause injury or even death to anyone living there.” Throughout the country, town council laws and court rolls have examples of prosecutions for wandering animals.

It was a tradition for townsfolk to keep animals, a custom from their ancestors in the countryside, but as town populations increased, and streets became more cramped, it was a problem. Wandering pigs rooted under market stalls, burrowed under rubbish heaps and caused damage to buildings. A law was passed stating that pigs had to be kept on their owners’ premises. But this was often ignored.

The Industrial Revolution brought a massive migration into towns, resulting in severe public health problems. Bradford had poor sanitary provision and defective water supplies, leading to epidemics such as dysentery, typhoid, and cholera.

In 1845, James Smith described it as the most filthy town he had visited. Apart from human waste flowing into streets, animal waste was a nuisance. Migrants from rural areas and Ireland continued the tradition of keeping pigs, adding to the urban stench. Eventually, Bradford Corporation banned the keeping of pigs in houses or along the street. Because pigs supplemented the diet, the ban led to demonstrations in the summer of 1845. Demonstrators carried banners demanding ‘More pigs and less parsons’.

In Europe, particularly France, there were strange cases of animals being sentenced in courts, where procedures were the same as a human trial, with prosecution and defence lawyers. In Lavengy, in France, a sow and her piglets were brought before the Court in 1457, charged with killing and eating a two-year-old child. The sow was condemned to death by hanging, but the defending lawyer managed to get the piglets off with a caution, on the grounds that they were too young to know better, and had been led astray by their mother.

A 16th century French lawyer, M Chassensee, defended rats accused of going around in marauding packs annoying people. When the rats failed to turn up in court, the prosecution insisted that they should be sentenced immediately. Chassensee claimed this was unfair because the rats should have been allowed to give evidence in their defence. A summons was issued and when the rats didn’t appear the prosecution declared it contempt of court. The defence insisted some were too old or young to make the journey, or too scared because townspeople were threatening to set their cats on them. The case was adjourned.

In Spain, in 1540, a moth was brought before a court charged with destroying a valuable tapestry. It was found guilty and beheaded. All moths of that species were banished. In Sauviot in 1543 France, bees were charged with almost stinging a man to death. The man admitted he wouldn’t be able to recognise the culprits, so the court put a curse on every bee in the area.

French historians estimate that between 1120-1740, there were about 200 cases of animals tried in courts. Cases included a cow in Lastone, charged with murder when it trampled on a boy sleeping under a tree. It was found guilty and executed in public. There were two types of trials: secular tribunals when corporal punishment could be inflicted on pigs, cows, horses and domestic animals, and ecclesiastical courts proceeding against rats, mice, locusts, weevils and other vermin, to prevent them devouring crops and expel them from orchards, vineyards and cultivated fields by exorcism or excommunication.

Large animals -bulls, cows, pigs, dogs and goats - were tried for offences such as murder. As has been shown, pigs tended to come off worse. In 1379 a herd of swine were feeding when three became agitated and charged the swine-master’s son, who died. All the pigs were charged and condemned to death, as accomplices, but later pardoned.

Smaller creatures were excommunicated and denounced by a church tribunal. In the 1480s the Cardinal Bishop of Autun in France ruled against slugs which were ruining estates, ordering three days of processions when slugs were told to leave the area or be cursed.

Even in recent years there have been animal ‘trials’. In 1916 an elephant named Mary “murdered” her trainer and was hanged in Tennessee, a crane was used to carry out the execution. In 2004 a brown bear named Katya, in Kazahkastan, was imprisoned after being found guilty of mauling two people. In 2008 in Maccedonia, a bear was convicted of stealing honey from a bee keeper and fined $3,500.

If you ever go to a football match at Hartlepool United, at some stage an inflated monkey will be tossed around the home crowd. During the Napoleonic Wars a ship was wrecked in a storm and the only survivor was a monkey allegedly dressed in French uniform. Thought to be a French spy, it was put on trial and hanged on the beach.

There are no recorded animal trials in English secular courts. But why were any held? There are various theories. In Medieval times animals who harmed humans were considered servants of the devil or associated with witches. Trials served as a warning to both animals and people. For many, the trials exerted human control over Nature. Lawyers tended to be representatives in ecclesiastical rather than secular courts.

But we might conclude that superstition had a good deal to do with actions. Throughout history, people have tried to find scapegoats...