Page:Curiosities of Olden Times.djvu/84

Curiosities of Olden Times 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 72