Cha.s.seneux 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, Cha.s.seneux 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. Cha.s.seneux 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 superst.i.tion 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 mediaeval 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, p.r.o.nounced sentence against the leeches which infested the Lake of Geneva and killed the fish, and that the said leeches retreated to a locality a.s.signed them by the prelate. The same author relates at large the proceedings inst.i.tuted 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 Macon. 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-Chateau, 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 _Traite 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 Roch.e.l.le was condemned to be demolished in 1685. The _bell_ had a fate sufficiently droll: it was _whipped_, as a punishment for having a.s.sisted heretics; it was then buried, and disinterred, in order to represent its new birth in pa.s.sing 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 pa.s.sed 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_ (Lisboa, 1728), and is quoted by M. Emile Agnel among his _Curiosites Judiciaires et Historiques_; to whom and to the paper of M. Menabrea, ent.i.tled "Proces fait aux Animaux," in the twelfth volume of the _Transactions of the Chambery 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 mult.i.tudes were united and indefatigable night and day--

Parvula, nam exemplo est, magni formica laboris Ore trahit quodc.u.mque 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 mult.i.tude 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: 'Formicae populus infirmus, qui praeparat in messe cib.u.m sibi'

(Prov. x.x.x. 25); diligence, also, in ama.s.sing in this life merits for a life to come according to Jerome: 'Formica dicitur strenuus quisque et providus operarius, qui presenti vita, velut in aestate, fructus just.i.tiae, quos in aeternum 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 concordiae vivum exemplum formica reliquit, quae 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 solae, praeter hominem' (Plin., lib. xi. 36); an opinion borne also by the monk Malchus, who observes, 'Hae luctu celebri corpora defuncta deportabant' (S. Hieron., _in Vita Malchi_).

"_Item_, That the toil these ants underwent far surpa.s.sed 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 a.s.sisted 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 a.s.sumption 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 p.r.o.nounced 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.

GHOSTS IN COURT

The following very curious story is from the _Eyrbyggja Saga_, one of the oldest and n.o.blest of the Icelandic histories. As it results in an action unique in its way,--a lawsuit brought against a party of ghosts who haunted a house,--it well merits attention from all lovers of curiosities.

In the summer of 1000, the year in which Christianity was established in Iceland, a vessel came off the coast near Snaefellness, full of Irish and natives of the Hebrides, with a few Nors.e.m.e.n among them; the ship came from Dublin, and lay alongside of Rif, waiting a breeze which might waft her into the firth to Dogvertharness. Some people went off in boats from the ness to trade with the vessel. They found on board a Hebridean woman called Thorgunna, who, hinted the sailors, had treasures of female attire in her possession the like of which had never been seen in Iceland. Now when Thurida, the housewife at Frod river, heard this, she was all excitement to get a glimpse of these treasures, for she was a dashing, showy sort of a woman. She rowed out to the ship, and on meeting Thorgunna, asked her if she had really some first-rate ladies' dresses? Of course she had, was the answer; but she was not going to part with them to any one. Then might she see them? humbly asked Thurida. Yes, she might see them. So the boxes were opened, and the Iceland lady examined the foreign apparel. It was good, but not so very remarkable as she had antic.i.p.ated; on the whole she was a bit disappointed, still she would like to purchase, and she made a bid. Thorgunna at once refused to sell. Thurida then invited the Hebridean lady home on a visit, and the stranger, only too glad to leave the vessel, accepted the invitation with alacrity.

On the arrival of the lady with her boxes at the farm, she asked to see her bed, and was shown a convenient closet in the lower part of the hall.

There she unlocked her largest trunk, and drew forth a suit of bed-clothes of the most exquisite workmanship, and she spread over the bed English linen sheets and a silken coverlet. From the box she also extracted tapestry hangings and curtains to surround the couch; and the like of all these things had never been seen in the island before.

Thurida opened her eyes very wide, and asked her guest to share bed-clothes with her.

"Not for all the world," replied the strange lady, with sharpness; "I'm not going to pig it in the rushes, for _you_, ma'am!"

An answer which, the Saga writer a.s.sures us, did not particularly gratify the good woman of the house.

Thorgunna was stout and tall, disposed to become fat, with black eyebrows, a head of thick bushy brown hair, and soft eyes. She was not much of a talker, not very merry, and it was her wont to go to church every day before beginning her daily task. Many people took her to be about sixty years old. She worked at the loom every day except in haymaking time, and then she went forth into the fields and stacked the hay she had made. The summer that year was wet, and the hay had not been carried on account of the rain, so that at Frod river farm, by autumn, the crop was only half cut, and the rest was still standing.

One day appeared bright and cloudless, and the farmer, Thorodd, ordered the house to turn out for a general haymaking. The strange lady worked along with the rest, tossing hay till the hour of nones, when a black cloud crossed the sky from the north, and by the time that prayers had been said such a darkness had come on that it was almost impossible to see. The haymakers, at Thorodd's command, raked their hay together into c.o.c.ks, but Thorgunna, for no a.s.signable reason, left hers spread. It now became so dark that there was no seeing a hand held up before the face, and down came the rain in torrents. It did not last many minutes, and then the sky cleared, and the evening was as bright as had been the morning.

It was observed by the haymakers on their return to their work that it had rained blood, for all the gra.s.s was stained. They spread it, and it soon dried up; but Thorgunna tried in vain to dry hers, it had been so thoroughly saturated that the sun went down leaving it dripping blood, and all her clothes were discoloured. Thurida asked what could be the meaning of the portent, and Thorgunna answered that it boded ill to the house and its inmates. In the evening, late, the strange woman returned home, and went to her closet and stripped the stained clothes off her. She then lay down in her bed and began to sigh. It was soon ascertained that she was ill, and when food was brought her she would not swallow it.

Next morning the bonder came to her bedside to inquire how she felt, and to learn what turn the sickness was likely to take. The poor lady told him that she feared her end was approaching, and she earnestly besought him to attend to her directions as to the disposal of her property, not changing any particular, as such a change would entail misery on the family.

Thorodd declared his readiness to carry out her wishes to the minutest detail.

"This, then," said she, "is my last request. I desire my body to be taken to Skalholt, if I die of this disease, for I have a presentiment that that place will shortly become the most sacred in the island, and that clerks will be there who will chant over me; and do you reimburse yourself from my chattels for any outlay in carrying this into effect. Let your wife Thurida have my scarlet gown, lest she be put out at the further distribution of my effects, which I propose. My gold ring I bequeath to the Church; but my bed, with its curtains, tapestry, coverlet, and sheets, I desire to have burned, so that they go into n.o.body's possession. This I desire, not because I grudge the use of these handsome articles to anybody, but because I foresee that the possession of them would be the cause of innumerable quarrels and heart-burnings."

Thorodd promised solemnly to fulfil every particular to the letter.

The complaint now rapidly gained ground, and before many days Thorgunna was dead. The farmer put her corpse into a coffin; then took all the bed-furniture into the open air, and, raising a pile of wood, flung the clothes on top of it, and was about to fire the pile, when, with a face pale with dismay, forth rushed Thurida to know what in the name of wonder her husband was about to do with those treasures of needlework, the coverlet, sheets, and curtains of the strange lady's bed.

"Burn them! according to her dying request," replied Thorodd.

"Burn them?" echoed Thurida, casting up her hands and eyes; "what nonsense! Thorgunna only desired this to be done because she was full of envy lest others should enjoy these incomparable treasures."

"But she threatened all kinds of misfortunes unless I strictly obeyed her injunctions; and I promised to do what she bid," expostulated the worthy man.