In the fifth and final place, the procurator pour les habitans asks the court to hurl against the bestioles that bolt of lightning known as excommunication. It is my duty to submit to you, and without prejudice to any of the aforesaid, that such a punishment is both inappropriate and unlawful. Excommunication being the separation of the sinner from communion with God, a refusal to permit him to eat of the bread and drink of the wine that are the body and blood of Christ, a casting-out from the Holy Church and its light and its warmth, how therefore can it be lawful to excommunicate a beast of the field or a creeping thing from upon the earth which has never been a communicant of the Holy Church? It cannot be a fit and proper punishment to deprive a defendant of that which he has never possessed in the first place. This makes bad law. And secondly, excommunication is a process of great terror, a casting of the sinner into fearsome darkness, an eternal separation of the sinner from the light and from the goodness of God. How can this be an appropriate punishment for a bestiole which does not possess an immortal soul? How is it possible to condemn a defendant to eternal torment when he does not have eternal life? These animals cannot be expelled from the Church since they are not members of it, and as the Apostle Paul says, ‘Ye judge them that are within and not them also that are without.’
I ask, therefore, that the case be rejected and non-suited, and without prejudice to the foregoing, that the defendants be acquitted and exempted from all further prosecution.
Bartholomé Chassenée, Jurist
Réplique des habitans
Gentlemen, it does me honour to appear again before your solemn court, to plead for justice as did that poor offended mother who appeared before Solomon to claim her child. Like Ulysses against Ajax I shall fight the procurator for the bestioles, who has produced before you many arguments as bedizened as Jezebel.
In the first place, he contends that this court has no power and jurisdiction to try the bestial felonies that have taken place at Mamirolle, and towards this end argues that we are no better in God’s eye than the woodworm, no higher and no lower, therefore we do not have the right to sit in judgment on them like Jupiter, whose temple was on the Tarpeian rock from whence were traitors flung. But I shall refute this as Our Lord turned the moneylenders out of the Temple at Jerusalem, and in this way. Is man not higher than the animals? Is it not clear from the holy book of Genesis that the animals, which were created before man, were so created in order to be subservient to his use? Did not the Lord give unto Adam dominion over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth? Did not Adam give the names to all the cattle, and to the fowl of the air, and to every beast of the field? Was not the dominion of man over the animals asserted by the Psalmist and reiterated by the apostle Paul? And how may man have dominion over the animals and such dominion not include the right to punish them for their misdeeds? Furthermore, this right to sit in judgment over the animals, which the procurator for the bestioles so actively denies, is specifically given to man by God himself, as appears in the sacred book of Exodus. Did not the Lord lay down unto Moses the sacred law of an eye for an eye and a tooth for a tooth? And did he not continue thus, if an ox gore a man or a woman, that they die, then the ox shall be surely stoned, and his flesh shall not be eaten? Does the holy book of Exodus not thus make clear the law? And does it not go on further, that if one man’s ox hurt another’s, that he die, then they shall sell the live ox, and divide the money of it, and the dead ox also they shall divide? Has not the Lord laid it down thus, and given man the judgment over the animals?
In the second place, that the woodworm are to be excused trial because of their failure to attend court. But they have been correctly summoned in accordance with all due process. They have been summoned as the Jews were summoned to be taxed by Augustus Caesar. And did not the Israelites obey? Which among those present here would prevent the bestioles from coming to court? My humble petitioners might have wished to do so, and to this end they might have sought to burn in the flames the leg of the throne that cast Hugo, Bishop of Besançon, into a state of imbecility by striking his head on the altar step, but like Christians stayed their hand, preferring instead to submit the matter to your solemn judgment. What enemy, therefore, might the accused bestioles encounter? The distinguished procurator has made reference to cats eating rats. I was not aware, Gentlemen, that cats had taken to devouring woodworm on their way to court, yet no doubt I shall be corrected if I am in error. No, there is only one explanation of the refusal of the accused to appear before you, and that is a blind and most wilful disobedience, a hateful silence, a guilt that blazes as the burning bush which did appear unto Moses, a bush which blazed but was not consumed, even as their guilt continues to blaze with every hour that they obstinately refuse to appear.
In the third place, it is argued that God created the woodworm even as he created Man, and that he gave him the seeds and the fruit and the trees as meat, and that whatever they might choose to eat therefore has the blessing of God. Which is indeed the main and essential pleading of the procurator for the bestioles, and I hereby refute it thus. The sacred book of Genesis tells us that God in his infinite mercy and generosity gave unto the beasts of the field and unto the creeping things all the seeds and the fruit and the trees as meat. He gave the trees unto those creatures which have the instinct to devour trees, even though this might be a hindrance and a discomfort to Man. But He did not give them the cut wood. Where in the Holy Book of Genesis is it allowed that the creeping things of the earth may inhabit the cut wood? Did the Lord intend when He permitted a creature to burrow within the oak tree that the same creature had the right to burrow within the House of the Lord? Where in the Holy Scripture does the Lord give unto the animals the right to devour His temples? And does the Lord instruct His servants to pass by on the other side while His temples are devoured and His Bishops reduced to a state of imbecility? The pig that eats the holy sacramental wafer is hanged for its blasphemy, and the bestiole that makes his own habitation in the habitation of the Lord is no less blasphemous.
Furthermore, and without prejudice to the foregoing, it has been argued that the Lord created the woodworm even as He created Man, and that therefore everything the Lord might do has the Lord’s blessing, however pestilential and maleficent it might be. But did the Almighty Lord, in His matchless wisdom and beneficence, create the weevil in order that it destroy our crops, and the woodworm in order that it destory the Lord’s house? The wisest doctors of our Church for many centuries have examined every verse of the Holy Scripture just as Herod’s soldiers searched for innocent children, and they have found no chapter, no line, no phrase wherein there is mention of the woodworm. Therefore the question which I lay before the court as the essential question in this case is the following: was the woodworm ever upon Noah’s Ark? Holy writ makes no mention of the woodworm embarking upon or disembarking from the mighty vessel of Noah. And indeed how could it have been so, for was not the Ark constructed of wood? How can the Lord in his eternal wisdom have allowed on board a creature whose daily habits might cause the shipwreck and disastrous death of Man and all the beasts of the Creation? How could such a thing be so? Therefore, it follows that the woodworm was not upon the Ark, but is an unnatural and imperfect creature which did not exist at the time of the great bane and ruin of the Deluge. Whence its generation came, whether from some foul spontaneity or some malevolent hand, we know not, yet its hateful malice is evident. This vile creature has given over its body to the Devil and thereby put itself beyond the protection and shelter of the Lord. What greater proof could there be but the manner of its desecrations, the cunning odiousness with which it hurled Hugo, Bishop of Besançon, into imbecility? Was this not the work of the Devil, to proceed thus in darkness and secrecy for many years, and then make triumph of his foul purpose? Yet the procurator for the bestioles argues that the woodworm have the blessing of the Lord in all that they do and all that they eat. He contends, therefore, that what th
ey did in devouring the leg of the Bishop’s throne had the blessing of the Lord. He contends further that the Lord by his own hand smote down one of the Bishops of his own Holy Church just as He smote down Belshazzar, as He smote down Amalek, as He smote down the Midianites, as He smote down the Canaanites, as He smote down Sihon the Amorite. Is this not a vile blasphemy which the court must extirpate even as Hercules did cleanse the stables of Augeas?
And in the fourth place, it is contended that the court does not have the power and the right to pronounce the decree of excommunication. But this is to deny the very authority conferred by God upon his dear spouse, the Church, whom He has made sovereign of the whole world, having put all things under Her feet, as the Psalmist affirms, all sheep and oxen, the beasts of the field, the fowl of the air, the fish of the sea, and whatsoever passeth through the paths of the seas. Guided by the Holy Spirit, the Church can do nothing wrong. Indeed, do we not read in our sacred texts of serpents and poisonous reptiles whose venom has been conjured from them? Do we not read in the sacred book of Ecclesiastes that ‘Surely the serpent will bite without enchantment’? Therefore it is in holy concord with God’s teaching that the Church has for centuries used its mighty but righteous power to hurl anathemata and excommunication against those noxious animals whose foul presence is an offence to the eye of the Lord. Did not David’s maledictions on the mountains of Gilboa cause the rain and the dew to cease there? Did not Jesus Christ the son of God ordain that every tree that bringeth not forth good fruit should be hewn down and cast into the fire? And if an irrational thing shall be destroyed because it does not produce fruit, how much more is it permitted to curse it, since the greater penalty includes the less: cum si liceat quid est plus, debet licere quid est minus. Was not the serpent cursed in the Garden of Eden, making it to crawl upon its belly for the rest of its life? And when the town of Aix was infested by serpents which inhabited the warm baths and killed many of the inhabitants by biting them, did not the holy Bishop of Grenoble excommunicate the serpents, whereupon they departed? And thus did the Bishop of Lausanne free Lake Leman from the infestation of eels. And thus did the same Bishop expel from the waters of the same lake those blood-suckers which fed on the salmon which the devout were wont to consume on fast-days. And did not Egbert, Bishop of Trier, anathematize the swallows whose chirping interrupted the prayers of the devout? And did not St Bernard likewise and for like reason excommunicate swarms of flies, which on the morrow, like Sennacherib’s host, were all dead corpses? And did not the crozier of St Magnus, the apostle of Algau, expel and exterminate all manner of rats, mice and cockchafers? Therefore is it not right and established that this court may cast the bolt of excommunication upon these defilers and assassins of God’s holy temple? The procurator for the bestioles argues that since a woodworm has no immortal soul it cannot be excommunicated. But have we not shown, firstly, that the woodworm is no natural beast, having not been on the Ark of Noah, and secondly, that the actions for which it has been summoned to appear before the court are clear evidence that it has been taken over by a malign spirit, namely that of Lucifer? How much more necessary, therefore, is the order of excommunication which I hereby beg and demand from this court.
Réplique des insectes
Gentlemen, we have been treated to many points of argument thus far, some blown away by the wind like the winnowed chaff, some resting on the ground before you like the valuable grain. I hereby prevail upon your patience a little further to make rejoinder to the contentions of the procurator des habitans, whose arguments will fall like the walls of Jericho before the trumpet of truth.
In the first place, the procurator makes mention of the length of time the bestioles had been making their habitation in the leg of the Bishop’s throne, storing up their dark purpose, and offers this as proof that the work was diabolically inspired. It was for this reason that I called before you the good Brother Frolibert, who is wise in the ways of the creeping things of the earth, and indeed you know he makes the honey at the Abbey of St Georges. And did he not assert that wise men believe the bestioles do not live for more than a few brief summers? Yet we all know that an infestation of woodworm may proceed for many human generations before it cause the wood to break apart as it did under Hugo, Bishop of Besançon, reducing him to a condition of imbecility. From which we must conclude that the woodworm summoned before this court are merely the descendants of many generations of woodworm who have made their habitation in the church of Saint-Michel. If malign intent is to be ascribed to the bestioles, it is surely only to be ascribed to the first generation of bestioles and not to their innocent posterity who without fault find themselves living where they do? On this ground, therefore, I apply again for the case to be non-suited. And further, there has been no evidence from the prosecution as to the occasion and date upon which the woodworm are alleged to have entered the wood. The procurator has attempted to maintain that the bestioles are not granted by Holy Scripture the right to inhabit cut wood. To which we reply, firstly, that the Scripture does not in any patent form forbid them from so doing, secondly, that if God had not intended them to eat the cut wood He would not have given them the instinct to do so, and thirdly, that in the absence of evidence to the contrary, an accused being innocent until proved guilty, an assumption of priority of possession in the matter of the wood must be granted to the bestioles, namely that they were in the wood when it was cut by the woodsman who sold it to the joiner who fashioned it into the throne. Far from the woodworm infesting what Man has constructed, it is Man who has wilfully destroyed the woodworm’s habitation and taken it for his own purpose. On which ground also we ask that the case be non-suited.
In the second place, it is argued that the woodworm did not have passage on the Ark of Noah and therefore must be diabolically possessed. To which we reply, firstly, that the Holy Scripture does not list every species of God’s creation, and that the legal presumption should be that any creature was upon the Ark unless it be specifically stated that he was not. And secondly, that if as the procurator alleges the woodworm was not upon the Ark, then it is even more evident that Man has not been given dominion over this creature. God sent the baneful Flood to purge the world, and when the waters receded and the world was new-born, He gave Man dominion over the animals. But where is it written that He also gave him dominion over any animals which had not travelled upon the Ark?
In the third place, it is a monstrous libel upon our pleading to claim that Hugo, Bishop of Besançon, according to our allegation, was thrust into the darkness of imbecility by God’s own hand. We make no such allegation, for it would be the contention of a blasphemer. But indeed is it not the case that the ways of God are often most mysteriously hid from our gaze? When the Bishop of Grenoble fell from his horse and was killed we did not blame either the Lord or the horse or the woodworm. When the Bishop of Constance was lost overboard in the lake we did not conclude that God had hurled him into the water or that woodworm had destroyed the keel of the boat. When the pillar in the cloister of Saint Théodoric collapsed on the foot of the Bishop of Lyons causing him to walk ever thereafter with a staff, we did not blame the Lord or the pillar or the woodworm. The Lord’s ways are indeed frequently hidden from us, but is it not also the case that the Lord has called down many plagues upon the unworthy? Did He not send a plague of frogs against Pharaoh? Did He not send lice and grievous swarms of flies upon the land of Egypt? Did He not, against that Pharaoh, send also a plague of boils, and thunder and hail, and a grievous plague of locusts? Did He not send hailstones against the Five Kings? Did He not strike even his own servant Job with boils? And it was for this reason that I called before you Father Godric and enquired of him for the records of the payment of tithes by the inhabitants of Mamirolle. And were there not many excuses proferred about the inclemency of the weather, and the crops that had failed, and the sickness there had been in the village, and the band of soldiers who had passed by and murdered several of the strong young men of the village? But for all this
it was evident and plain that the tithes have not been paid as the Church lays down, that there has been wilful neglect amounting to disobedience of the Lord God and his spouse on earth the Church. And is it not therefore the case that, just as He sent a plague of locusts to scourge Pharaoh and grievous swarms of flies upon the land of Egypt, so he sent woodworm into the church to scourge the inhabitants for their disobedience? How can this have been done without the Lord’s permission? Do we think Almighty God is so weak and timorous a creature that He is unable to protect His temple against these tiny bestioles? Surely it is a blasphemy to doubt God’s power to do this. And therefore we must conclude that the infestation was either divinely ordered or divinely permitted, that God sent the woodworm to punish the disobedient sinners and that the sinners should cower before His rage and scourge themselves for their sins and pay their tithes as they have been commanded. Truly, this is a matter for prayer and fasting and scourging and the hope of God’s mercy rather than one for anathemata and excommunication against the agents, the very conduits of the Lord’s purpose and intent.
A History of the World in 10 1/2 Chapters Page 8