LAW AND PUNISHMENT. 401 



same as noted by these competent naturalists. In all such 

 narratives it may be difficult, but it is necessary, to separate 

 Fact from inference or interpretation. According to Edmon- 

 stone, the facts are that there is an assemblage of large 

 numbers of the same species ; that there are certain noisy 

 proceedings ; that one or two individuals are put to death 

 by the mass of their fellows ; and that then there is a quiet 

 breaking up of the congregation. The conclusions, which 

 may or may not be correct, are, that there is trial by jury of 

 a criminal, characterised by formal legal procedure, and 

 followed directly by what is considered suitable that is 

 usually capital punishment. 



Dr. Saxby, on the other hand, also of Shetland, the 

 brother-in-law of Dr. Edmonstone, and the author, more- 

 over, of a volume on the ' Birds of Shetland,' takes quite a 

 different view of the character of the ' craa's court ' of the 

 hooded crow, in spring, in these northern islands. He pro- 

 fesses to have seen c nothing particularly worthy of mention, 

 with the exception of occasional shortlived squabble, such 

 as is constantly occurring in any large flock of birds.' And he 

 adds, c I believe, however, that a considerable amount of 

 courting takes place at these meetings, having noticed that 

 pairing takes place very soon after the dispersal of the 

 flock.' 



The probability is that Edmonstone and Saxby, Houzeau, 

 Wood, and the other authors who have described such courts 

 or parliaments, have in some cases described very different 

 kinds of assemblies. There is every reason for believing a few 

 to be judicial, others to be amatory or nuptial, while, as 

 regards the character of some, it has been shown in the 

 chapter on ' Unexplained Phenomena,' that at present we 

 know nothing satisfactory. 



Wood describes rook parliaments. ' In the middle ' of 

 the assemblage in one case c was one bird looking very 

 downcast and wretched. Two more rooks took their place 

 at its side, and then a vast amount of chattering went on.' 

 Ultimately, the unfortunate central bird was pecked nearly 

 to pieces and left mangled and helpless on the ground. In 

 such a case we are led to infer, though our conclusion may 



VOL. I. D D 



