Page:The Green Bag (1889–1914), Volume 07.pdf/359

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326
The Green Bag.

July the counsel for the St. Julienites pre We find, in a case against grasshoppers, sented a petition to the court, praying that, that when the ecclesiastical judges intended in default of the insects accepting the land to issue an excommunication, the accused and removing thereto, they might be ordered had to be summoned before the court in the not to interfere with the vineyards, under prescribed manner a first, second, third, and heavy penalties. The advocate for the fourth time; and then they, or some of beetles, of course, asked for an enlargement; them, had to be brought in, nolentes volaites. vacation probably came on, and so the mat They were allowed to answer the charge ter was not taken up again until September. against them. The prosecutor had to state Then the defendants' counsel declined to ac clearly the point in question, so that it might cept the land offered, as it was barren, and be seen whether there was any controversy produced nothing. Counsel for the people as to the law or facts. The court then de denied this, so the court appointed arbitra cided whether witnesses were needed, and on tors to view the place and decide the question. whom the burden of proof fell. Other parties And . Here, most unfortunately, the re interested were allowed to intervene and be port ceases. heard. For instance, in the grasshopper The means taken by the people of St. "case it was held that wild and tame birds Julien de Maurienne were, according to the might show cause against the prosecution, for they were in danger of being deprived of writers of those days, frequently and success fully employed against various families of the their favorite food if the hoppers were ban insect hosts. Barthelemi de Chasseueux or ished. The acridophagi were also to be Chassenee, in his work " Concilia " (Lug- heard, for they might be seriously injured duni, 1588), gives indictments against May- by a judgment hostile to the insects. The bugs and snails. He contends that such court in this matter was rather in a quan animals are amenable to trial, and gravely dary, considering that it would be unjust to discusses whether they should appear in the others to compel the grasshoppers to go courts personally, or by proxy, and inclines elsewhere, so it thought the best plan was to let those who liked to eat them do so. towards the necessity of a personal appear ance. He thinks, however, that the advocate The actions of ejectment against these in appointed to defend these small fry might sects seem in this nineteenth century almost urge their incompetency as an excuse for as extraordinary as the ejectment of spectres their non-appearance. We must confess, referred to in the Eyrbiggia Saga. The however, that the facts of this learned lawyer mansion of a respectable land-owner in Ire are not always reliable. The Beaunois had land was haunted by the ghosts of those who been suffering from the attacks of locusts. had died therein — they actually crowded In his book he tries to console them by say round the fire, to the great annoyance of the ing that the creatures of which they com living, who wished to warm themselves. plained were as nothing in comparison with Snorro, a priest of the god Thor, advised, those that infested India. These latter, he and a jury of the neighbors was summoned affirms, were three feet long, and their legs in the usual way as in ordinary civil matters; — of which they had six — were armed with the phantoms were cited to appear and show teeth so strong that saws were made of them. by what warrant they disputed with the owner the quiet possession of the house, and In his opinion, the best way to obtain de liverance from these and similar pests, was why they interfered with and incommoded to pay promptly and truly the tithes due to the living. The spectres appeared on being the Church, and then to cause a woman to called, and, muttering vain regrets at being walk round the infected place barefooted. compelled to leave, vanished, to the great