To the expenditure made for her whilst in jail 6 sols

_Item._ To the executioner, who came from Paris to

Meulan to put the criminal to death, by orders of

the bailiff and the Procureur du Roi 54 sols

_Item._ To a conveyance for conducting her to

execution 6 sols

_Item._ To cords to tie and bind her 2 sols 8 deniers

_Item._ To gloves 2 deniers

The charter of Eleanora, drawn up in 1395, and entitled “Carta de logu,”

containing the complete civil and criminal code for Sardinia, enjoins that

oxen and cows, whether wild or domesticated, may be legally killed when

they are taken marauding. Asses convicted of similar delinquencies--common

enough, by the way--are treated more humanely. They are considered in the

same light as thieves of a higher order in society. The first time that an

ass is found in a cultivated field not belonging to its master, one of its

ears is cropped. If it commits the same offence again, it loses the second

ear; should the culprit be hardened in crime, and inveterate enough to

trespass a third time, it is not hanged, does not even lose its tail, but

is confiscated to the Crown and goes to swell the royal herd.

During the fourteenth and fifteenth centuries, the guilty animals suffered

death on the gallows, and our sires considered that such a punishment must

strike terror into the minds of all cattle-owners and jobbers, so as

effectually to prevent them from suffering their beasts to stray at large

over the country. Later on, however, these capital condemnations were done

away with, the proprietor of the animal was condemned to pay damages, and

the criminal was killed without trial.

One more specimen, and we shall pass to cases coming under Ecclesiastical

Courts.

Country folk believe still that cocks lay eggs. This is an old

superstition, people holding, formerly, that from these accursed eggs

sprang basilisks, or horrible winged serpents.

Gross relates, in his _Petite Chronique de Bâle_, that in the month of

August 1474, an abandoned and profligate cock of that town was accused of

the crime of having laid one of these eggs, and was brought before the

magistrates, tried, convicted, and condemned to death.

The court delivered over the culprit to the executioner, who burned it

publicly, along with its egg, in a place called Kohlenberger, amidst a

great concourse of citizens and peasants assembled to witness such a

ludicrous execution.

The poor cock no doubt suffered on account of the belief prevalent at the

period that it was in league with the devil. A cock was the offering made

by witches at their sabbaths, and as these eggs were reputed to contain

snakes--reptiles particularly grateful to devils--it was taken as a proof

of the cock having been engaged in the practice of sorcery.

The annals of Ireland relate that in 1383 a cock was convicted of a

similar offence in that island, and that it suffered at the stake; the

heat of the flames burst the egg, and there issued forth a serpent-like

creature, which, however, perished in the fire.

We shall pass now to the second part of our subject--namely, proceedings

against snails, flies, mice, moles, ants, caterpillars, etc.

It has frequently happened, in all parts of the world, that an unusual

number of vermin have made their appearance and destroyed the garden

produce, or that flies have been so abundant as to drive the cattle mad

from their bites. In such cases the sufferers had recourse to the Church,

which hearkened to their complaints and fulminated her anathema against

the culprits. The method of proceeding much resembled that already stated

as being in vogue in the ordinary tribunals. The plaintiff appointed

counsel, the court accorded a counsel to the defendants, and the

ecclesiastical judge summed up and gave sentence.

All requisite forms of law were gone through with precision and

minuteness. As a specimen we shall extract some details from a

consultation on the subject, made by Bartholomew de Chasseneux, a noted

lawyer of the sixteenth century.

After having spoken, in the opening, of the custom among the inhabitants

of Beaume of asking the authorities of Autun to excommunicate certain

insects larger than flies, vulgarly termed _hureburs_, a favour which was

invariably accorded them, Chasseneux enters on the question whether such a

proceeding be right. The subject is divided into five parts, in each of

which he exhibits vast erudition.

The lawyer then consoles the inhabitants of Beaunois with the reflection

that the scourge which vexes them devastates other countries. In India the

_hureburs_ are three feet long, their legs are armed with teeth, which the

natives employ as saws. The remedy found most effectual is to make a

female in the most _dégagé_ costume conceivable perambulate the canton

with bare feet. This method, however, is open to grave objections on the

score of decency and public morality.

The advocate then discusses the legality of citing insects before a court

of justice. He decides that such a summons is perfectly justifiable. He

proceeds to inquire whether they should be expected to attend in person,

and, in default of their so doing, whether the prosecution can lawfully be

carried on. Chasseneux satisfies himself and us that this is in strict

accordance with law.

The sort of tribunal before which the criminals should be cited forms the

next subject of inquiry. He decides in favour of the Ecclesiastical

Courts. The advocate proceeds to convince his readers, by twelve

conclusive arguments, that excommunication of animals is justifiable;

having done so, he brings forward a series of examples and precedents. He

asserts that a priest once excommunicated an orchard, whither children

resorted to eat apples, when--naughty chicks!--they ought to have been at

church. The result was all that could have been desired, for the trees

produced no fruit till, at the request of the Dowager Duchess of Burgundy,

the inhibition was removed.

He mentions, as well, an excommunication fulminated by a bishop against

sparrows, which, flying in and out of the church of S. Vincent, left their

traces on the seats and desks, and in other ways disturbed the faithful.

Saint Bernard, be it remembered, whilst preaching in the parish church of

Foligny, was troubled by the incessant humming of the flies. The saint

broke off his sermon to exclaim, “O flies! I denounce you!” The pavement

was instantaneously littered with their dead bodies.

Saint Patrick, as every one knows, drove the serpents out of Ireland by

his ban.

This is the form of excommunication as given by Chasseneux:--“O snails,

caterpillars, and other obscene creatures, which destroy the food of our

neighbours, depart hence! Leave these cantons which you are devastating,

and take refuge in those localities where you can injure no one. I. N.

P.,” etc.

Chasseneux obtained such credit from this opinion that, in 1510, he was

appointed by the authorities of Autun to be advocate for the rats, and to

plead their cause in a trial which was to ensue on account of the

devastation they committed in eating the harvest over a large portion of

Burgundy.

In his defence, Chasseneux showed that the rats had not received formal

notice; and, before proceeding with the case, he obtained a decision that

all the priests of the afflicted parishes should announce an adjournment,

and summon the defendants to appear on a fixed day.

At the adjourned trial, he complained that the delay accorded his clients

had been too short to allow of their appearing, in consequence of the

roads being infested with cats. Chasseneux made an able defence, and

finally obtained a second adjournment. We believe that no verdict was

given.

In a formulary of exorcisms, believed to have been drawn up by S. Gratus,

Bishop of Aosta, in the ninth century, we find unclean beasts

excommunicated as agents of Satan.

From such a superstition as this sprang the numerous legends of the Evil

One having been exorcised into the form of a beast; as, for instance, by

S. Taurinus of Evreux, and by S. Walther of Scotland, who died in 1214,

and who charmed the devil into the shapes of a black dog, pig, wolf, rat,

etc. The devil Rush, in the popular mediæval tale of _Fryer Rush_, was

conjured into a horse, and made to carry enough lead on his back to roof a

church.

Felix Malleolus relates that William, Bishop of Lausanne, pronounced

sentence against the leeches which infested the Lake of Geneva and killed

the fish, and that the said leeches retreated to a locality assigned them

by the prelate. The same author relates at large the proceedings

instituted against some mosquitoes in the thirteenth century in the

Electorate of Mayence, when the judge before whom they were cited granted

them, on account of the minuteness of their bodies and their extreme

youth, a curator and counsel, who pleaded their cause and obtained for

them a piece of land to which they were banished.

On the 17th of August 1487, snails were sentenced at Mâcon. In 1585,

caterpillars suffered excommunication in Valence. In the sixteenth

century, a Spanish bishop, from the summit of a rock, bade all rats and

mice leave his diocese, and betake themselves to an island which he

surrendered to them. The vermin obeyed, swimming in vast numbers across

the strait to their domain.

In 1694, during the witch persecutions at Salem, in New England, under the

Quakers Increase and Cotton Mather, a dog was strangely afflicted, and was

found guilty of having been ridden by a warlock. The dog was hanged.

Another dog was accused of afflicting others, who fell into fits the

moment it looked upon them; it was also put to death. A Canadian bishop in

the same century excommunicated the wood-pigeons; the same expedient was

had recourse to against caterpillars by a grand vicar of Pont-du-Château,

in Auvergne, as late as the eighteenth century.

The absurdity of these trials called forth several treatises during the

middle ages. Philip de Beaumanoir in the thirteenth century, in his

_Customs of Beauvoisis_, complained of their folly; and in 1606, Cardinal

Duperron forbade any exorcism of animals, or the use, without license, of

prayers in church for their extermination.

A book published in 1459, _De Fascino_, by a Spanish Benedictine monk,

Leonard Vair, holds up the practice to ridicule. Eveillon, in his _Traité

des Excommunications_, published in 1651, does the same.

One curious story more, and we shall give a detailed account of one of

these trials.

We have taken this from Benoit’s _Histoire de l’Edit de Nantes_ (tom. v.

p. 754), and give a translation of the writer’s own words. “The Protestant

chapel at La Rochelle was condemned to be demolished in 1685. The _bell_

had a fate sufficiently droll: it was _whipped_, as a punishment for

having assisted heretics; it was then buried, and disinterred, in order to

represent its new birth in passing into the hands of Catholics.... It was

catechised, and had to reply; it was compelled to recant, and promise

never again to relapse into sin; it then made ample and honourable

recompense. Lastly, it was reconciled, baptized, and given to the parish

which bears the name of Saint Bartholomew. But the point of the story is,

that when the governor, who had sold it to the parish, asked for payment,

the answer made him was, that it had been Huguenot, that it had been

_newly converted_, and that consequently it had a right to demand a delay

of three years before paying its debts, according to the law passed by the

king for the benefit of those recently converted!”

We propose now giving the particulars of a remarkable action brought

against some ants, towards the commencement of the eighteenth century, for

violation of the rights of property. It is related by P. Manoel Bernardes

in his _Nova Floresta_ (Lisbóa, 1728), and is quoted by M. Emile Agnel

among his _Curiosités Judiciaires et Historiques_; to whom and to the

paper of M. Menabréa, entitled “Procès fait aux Animaux,” in the twelfth

volume of the _Transactions of the Chambéry Society_, we are indebted for

much of our information.

Action brought by the Friars Minor of the province of Pridade no

Maranhao in Brazil, against the ants of the said territory.

“It happened, according to the account of a monk of the said order in that

province, that the ants, which thereabouts are both numerous, large, and

destructive, had, in order to enlarge the limits of their subterranean

empire, undermined the cellars of the Brethren, burrowing beneath the

foundations, and thus weakening the walls which daily threatened ruin.

Over and above the said offence was another, they had burglariously

entered the stores, and carried off the flour which was kept for the

service of the community. Since the hostile multitudes were united and

indefatigable night and day--

Parvula, nam exemplo est, magni formica laboris

Ore trahit quodcumque potest, atque addit acervo

Quern struit ... (Horace, _Sat._ i.)--

the monks were brought into peril of famine, and were driven to seek a

remedy for this intolerable nuisance: and since all the means to which

they resorted were unavailing, the unanimity of the multitude being quite

insurmountable, as a last resource, one of the friars, moved by a superior

instinct (we can easily believe that), gave his advice that, returning to

the spirit of humility and simplicity which had qualified their seraphic

founder, who termed all creatures his brethren--brother Sun, brother Wolf,

sister Swallow, etc.--they should bring an action against their sisters

the Ants before the divine tribunal of Providence, and should name counsel

for defendants and plaintiffs; also that the bishop should, in the name of

supreme Justice, hear the case and give judgment.

“The plan was approved of; and after all arrangements had been made, an

indictment was presented by the counsel for the plaintiffs, and as it was

contested by the counsel for the defendants he produced his reasons,

requiring protection for his clients. These latter lived on the alms which

they received from the faithful, collecting offerings with much labour

and personal inconvenience; whilst the ants, creatures whose morals and

manner of life were clearly contrary to the Gospel precepts, and were

regarded with horror on that account by S. Francis, the founder of the

confraternity, lived by fraud; and not content with acts of larceny,

proceeded to open violence and endeavours to ruin the house. Consequently

they were bound to show reason, or in default be concluded that they

should all be put to death by some pestilence, or drowned by an

inundation; at all events, should be exterminated from the district.

“The counsel for the little black folk, replying to these accusations,

alleged with justice to his clients, in the first place: That, having

received from their Maker the benefit of life, they were bound by a law of

nature to preserve it by means of those instincts implanted in them.

_Item_, That in the observance of these means they served Providence, by

setting men an example of those virtues enjoined on them, viz. prudence--a

cardinal virtue--in that they (the ants) used forethought, preparing for

an evil day: ‘Formicæ populus infirmus, qui præparat in messe cibum sibi’

(Prov. xxx. 25); diligence, also, in amassing in this life merits for a

life to come according to Jerome: ‘Formica dicitur strenuus quisque et

providus operarius, qui presenti vita, velut in æstate, fructus justitiæ,

quos in æternum recipiet, sibi recondit’ (S. Hieron., in Prov. vi.);

thirdly, charity, in aiding each other, when their burden was beyond their

strength, according to Abbat Absalon: ‘Pacis et concordiæ vivum exemplum

formica reliquit, quæ suum comparem, forte plus justo oneratum, naturali

quadam charitate alleviat’ (Absalon apud Picinellum, _in Mundo symbolico_,

8); lastly, of religion and piety, in giving sepulture to the dead of

their kind, as writes Pliny, ‘sepeliuntur inter se viventium solæ, præter

hominem’ (Plin., lib. xi. 36); an opinion borne also by the monk Malchus,

who observes, ‘Hæ luctu celebri corpora defuncta deportabant’ (S. Hieron.,

_in Vita Malchi_).

“_Item_, That the toil these ants underwent far surpassed that of the

plaintiffs, since their burdens were often larger than their bodies, and

their courage greater than their strength.

“_Item_, That in the eyes of the Creator men are regarded as ‘worms’; on

account of their superior intelligence, perhaps superior to the

defendants, but inferior to them morally, from having offended their

Maker, by violating the laws of reason, though they observed those of

nature. Wherefore they rendered themselves unworthy of being served or

assisted by any creatures, since they (men) had committed greater crimes

against heaven than had the clients of this learned counsel in stealing

their flour.

“_Item_, That his clients were in possession of the spot in question

before the appellants had established themselves there; consequently that

the monks should be expelled from lands to which they had no other right

than a seizure of them by main force.

“_Finally_, he concluded that the plaintiffs ought to defend their house

and meal by human means which they (the defendants) would not oppose;

whilst they (the defendants) continued their manner of life, obeying the

law imposed on their nature, and rejoicing in the freedom of the earth;

for the earth belongs not to the plaintiffs but to the Creator: ‘Domini

est terra et plenitudo ejus.’

“This answer was followed by replies and counter-replies, so that the

counsel for the prosecution saw himself constrained to admit that the

debate had very much altered his opinion of the criminality of the

defendants. He had, the learned counsel for the defendants argued,

admitted that the action was brought by brethren against sisters, brethren

Monks against sister Ants. The sister Ants, conform to the law of nature

imposed on them, continued the counsel for the insects; the brother Monks,

claiming to be ruled by an additional law, that of reason, violate it, so

that they place themselves only under the law of animal instinct, the same

which regulates the ants. The latter are not raised to the level of man,

but the friars have lowered themselves to that of brutes. Consequently,

the action is not between man and beast, but between beast and beast. All

arguments founded on the assumption of higher intelligence in man

consequently break down.

“The judge revolved the matter carefully in his mind, and finally rendered

judgment, that the Brethren should appoint a field in their neighbourhood,

suitable for the habitation of the Ants, and that the latter should

change their abode immediately under pain of major excommunication. By

such an arrangement both parties would be content and be reconciled; for

the Ants must consider that the Monks had come into the land to sow there

the seed of the Gospel, and that they themselves could easily obtain a

livelihood elsewhere, and at less cost. This sentence having been given,

one of the friars was appointed to convey it to the insects, which he did,

reading it aloud at the openings of their burrows.

“Wondrous event! ‘It nigrum campis agmen,’ one saw dense columns of the

little creatures, in all haste, leaving their ant-hills, and betaking

themselves direct to their appointed residence.”

Manoel Bernardes adds, that this sentence was pronounced on the 17th of

January 1713, and that he saw and examined the papers referring to this

transaction, in the monastery of Saint Anthony, where they were

deposited.

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