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. “There is nothing, then, remarkable in the fact that, at a time when superstition did violence to religion, reason and law, an unfortunate cock should have been condemned to the flames, along with the egg it was reputed to have laid, since that egg, in the mind of the judges even, was regarded as an object of legitimate terror—as the production of a demon.”
We shall pass now to the second part of our subject—namely, proceedings against snails, flies, mice, moles, ants, caterpillars, &c.
It has frequently happened, in all parts of the world, that an unusual number of vermin has made its 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 legal forms of law were gone through with precision and minuteness, to exemplify which 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.
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 be 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 Saint 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 Foigny, was troubled by the incessant humming of the flies. The saint broke off his sermon to exclaim, “Oh, 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.,” &c.
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 parsons of the afflicted parishes should announce an adjournment, and summons the defendants to appear on a fixed day.
On 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. Taurin of Evreux (Bolland, Acta SS., 11 Aug., p. 640, col. 1); 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, &c. (Bolland, 3rd Aug., p. 264). 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