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Ancient Laws for the Protection of Animals, Early Anti-Cruelty Legislation & the Modern Legislative Beginnings of the Humane Movement Against Animal Cruelty

Explore the History of Animal Rights & the Humane Movement against Cruelty to Animals—Laws, Acts and other Legislation enacted for the protection of animals as well as literature remarking on the history of the humane movement highlight animal rights activists, animal welfare advocates, and authors accomplishments for animal rights, animal welfare and the protection of animals.

Legislation is the record, the register, of the moral sense of the community; it follows, not precedes, the development of that moral sense, but nevertheless in its turn reacts on it, strengthens it, and secures it against the danger of retrocession. It is well that society should proclaim, formally and decisively, its abhorrence of certain practices; and I do not think it can be doubted, by those who have studied the history of the movement, that…animals would be infinitely worse at this day but for…progressive and punitive legislation (Henry Salt, Animals' Rights [1892], "The Principle of Animals' Rights")

Thomas Wentworth's Act of 1635 in Ireland, as well as Nathaniel Ward's contribution to the Massachusetts Body of Liberties of 1641 establishes law against cruelty to animals almost 200 years prior to the passage of Richard Martin's Act of 1822, a Bill to Prevent the Cruel and Improper Treatment of Cattle. Since these contributions were largely unknown until the late 20th century, the modern era of anti-cruelty legislation is usually traced back to the precedence set by "Martin's Act" and the amendments and legislative enactments against cruelty to animals that followed. However, it is King Asoka, in the 3rd century BCE that we must honor as being the first to decree law not only for the protection of animals, creating the first list of "protected" species but, progressive even by today's standards, proclaiming the slaughter of animals as food or for sacrifice unlawful.

Ancient Laws for the Protection of Animals

The mythical figure of Triptolemus, "the most ancient of the Athenian legislators…established laws for the Athenians…Honour your parents; Sacrifice to the Gods from the fruits of the earth; Injure not animals.

274-232 BCE | "Here (in my domain) no living beings are to be slaughtered or offered in sacrifice" (The Fourteen Rock Edicts, 1) proclaims Asoka, as emperor of India who "became a Buddhist and a vegetarian and, in accordance with the doctrine of 'ahimsa' (nonviolence), suppressed the royal hunts and ordered the curtailment of the slaughter of animals throughout his empire" (Ryder, 21). He "made provision for medical treatment…and had wells dug and trees planted for the benefit of humans and animals" (The Fourteen Rock Edicts, 2 ). His edicts promoted "kindness to living beings" (The Fourteen Rock Edicts, 11) and "not killing living beings" (Minor Rock Edicts, 2) and in stating that "animals were to be protected"(The Seven Pillar Edicts, 7) provides us with perhaps "the earliest known list of protected species" (Guruge, "Emperor Asoka's Place in History," 202 ). Asoka's edicts "were recorded on on a large stone pillars and rocks found scattered in more than thirty places throughout India, Nepal, Pakistan and Afghanistan" (The Edicts of Asoka).

Early Prohibitions Against Bear-Baiting, Bull-Baiting, Cock-Fighting, Fishing, Fowling, Hawking, Horse-Racing and Hunting

13th-18th Century | Although these acts, bills, charters, letters, orders, ordinances, statues and the like, did not either seek to, or prohibit bear-baiting, bull-baiting, cock-fighting, fishing, fowling, hawking, horse-racing or hunting because of cruelty toward animals, they did discourage or suppress these cruelties, even if only for a limited time—and at times led to permanent acts of parliament banning these pastimes. Arguments both for and against amendments to the acts, as well as newer legislation prohibiting these and other cruelties, often referenced these Early Acts, Bills, Charters, Letters, Orders, Ordinances, Statutes and the like against Bear-Baiting, Bull-Baiting, Cock-Fighting, Fishing, Fowling, Hawking, Horse-Racing and Hunting

Early Anti-Cruelty Legislation

1635 | Ireland Parliament [Thomas Wentworth], Act against Plowing by the Tayle, and Pulling the Wooll off Living Sheep,

1641 | Massachusetts Bay Colony [Nathaniel Ward], "Off the Bruite Creatures" Liberty 92 and 93 in the Massachusetts Body of Liberties of 1641

Pleas for Legislation

1737-1799 | Pleas for Legislation—Anonymous articles on cock-throwing in the Gentleman's Magazine as early as 1737 pleaded for "governors and magistrates to exert their authority utterly to abolish so dishounourable, so mischievous, so barbarous and Immoral a custom" and hoped that "the legislature may not think it beneath them to take their sad case into consideration." "But that [cock-fighting and bull-baiting] should not have entirely yielded to the improved state of manners, or the interference of the laws," Samuel Argent Bardsley observed in 1781, is a subject of just reproach to us by foreigners, and of deserved reprobation by the humane and reflecting of our countrymen." Jeremy Bentham in 1789 asked "Why ought they not?…be given those rights which could never have been witholden from them but by the hand of tyranny". Benjamin Rush, a signer of the Declaration of Independence declared he would "find it difficult to restrain my idolatry for that legislature that shall first establish a system of laws, to defend [animals] from outrage and oppression. John Lawrence, proposed in 1796, "that the Rights of Beasts be formally acknowledged by the state, and that a law be framed upon that principle, to guard and protect them from acts of flagrant and wanton cruelty, whether committed by their owners or others. Thomas Young, observed in 1798 that "the law labours under some imperfection, which may deserve the notice of those able to apply a remedy and the Rev. Charles Daubeny, in 1799 despaired, "for alas! there is no human law to prevent such savage practices."

Early Attempts at Legislation

1800 | Great Britain Paliament, Bill to Prevent Bull-baiting

1802 | Great Britain Parliament, Bill to Prevent Bull-Baiting

1809 | Great Britain Paliament-Lord Erskine, Bill to Prevent Wanton and Malicious Cruelty to Animals

1810 | Great Britain Paliament-Lord Erskine, Bill to Prevent Wanton and Malicious Cruelty to Animals

Modern Legislative Beginnings

Thomas Wentworth's Act of 1635 in Ireland, as well as Nathaniel Ward's contribution to the Massachusetts Body of Liberties of 1641 establishes American and English law against cruelty to animals almost 200 years prior to the passage of Richard Martin's 1822 Bill to Prevent the Cruel and Improper Treatment of Cattle. However, since these contributions were largely unknown until the late 20th century, the modern era of anti-cruelty legislation is usually traced back to the precedence set by "Martin's Act" and the amendments and legislative enactments against cruelty to animals that followed. However, it is King Asoka, in the 3rd century BCE that we must honor as being the first to decree law not only for the protection of animals, creating the first list of "protected" species but, progressive even by today's standards, proclaiming the slaughter of animals as food or for sacrifice unlawful.

1822-Jul-22 | Great Britain Parliament [Richard Martin], Act to Prevent the Cruelty and Improper Treatment of Cattle, 1822, July 22.

Literature remarking on the

Legislative History of the Humane Movement

1796 | John Lawrence, "'Rights of Beasts'" and "'The Animal-Question'" Annotated Extracts in the Appendix of Rights of an Animal by Edward Byron Nicholson.

1875 | Dr. James A. Macaulay, "Means of Prevention, Legal and Educational" Chap. 3 in A Plea for Mercy to Animals

1879 | Edward Byron Nicholson, "Conscience and Animal-Rights," Chap. 3 in The Rights of an Animal: A New Essay in Ethics

1892 | Henry Salt, "The Principle of Animals' Rights" Chap. 1 in Animals' Rights

1924 | Edward G Fairholme and Wellesly Pain, A Century of Work for the Animals: The History of the R.S.P.C.A., 1824-1924 (New York: E. P. Dutton, 1924).

1965 | E.S. Turner, All Heaven in a Rage (New York: St. Martin's Press, 1965).

1968 | Emily Stewart Leavitt, "The Evolution of Anti-Cruelty Laws in the United States." Chap. 1 in Animals and Their Legal Rights: A Survey of American Laws from 1641 to 1968 (New York: Animal Welfare Institute, 1968).

1975 | Peter Singer, "Man's Dominion…A Short History of Specieism," Chap 5 in Animal Liberation, (London: Jonathan Cape, 1975).

1979 | Richard D. Ryder, "The Struggle Against Speciesism," Chap 1 in Animals' Rights—A Symposium, Edited by D. Paterson and Richard D. Ryder (London: Centaur Press Ltd, 1979).

2000 | Aaron Garrett, Introduction to Animal Rights and Souls in the Eighteenth Century (England: Thoemmes Press, 2000).