Page:Popular Science Monthly Volume 17.djvu/639

Rh that it was necessary to provide a piece of land outside the vineyards, where the beetles could live without infringing on the vines. The land was to be of a certain extent, and to contain trees, herbs, etc., in sufficient quantity, and of good quality. The concession was made June 29, 1587, and on July 4th the counsel for the inhabitants presented a request to the court that, in default of the defendants accepting the offer, the judge would order the vineyards to be respected under certain penalties. The advocate for the animals demanded time for deliberation, and, the trial being resumed in September following, he declared that he could not accept on the part of his clients the offer that had been made to them, inasmuch as the locality in question was barren and did not produce anything. This was denied on the other side, and arbitrators were appointed to decide the question. The result is not known, as the manuscript containing the case leaves off at this point, but sufficient particulars have been given to show the extremely absurd and curious proceedings on this subject.

No district could commence a legal process of this kind unless all the arrears of tithes were paid up to the Church, and this circumstance gave rise to the well-known French legal maxim, "The first step toward getting rid of locusts is the payment of tithes." It seems that the clergy and the lawyers agreed very well together in these matters. Chasseneuz, a celebrated lawyer of the sixteenth century, writing on the subject of trying animals by law, in order to console the Beaunois for the plague of locusts (vulgarly called huberes), informs them that the creatures of which they complain were nothing in comparison to those that infested India. These last were no less than three feet long, and their legs were armed with teeth so powerful that saws were made of them! The best means of deliverance was to pay promptly and truly the tithes of the Church, and to cause a female (barefooted) to walk round the infected place.

The same means indicated by the lawyer for the inhabitants of St. Julien de Maurienne were employed very often, and successfully, according to some writers; thus, a famous councilor of Zurich, Félix Malléolus, or Hemmerlin (died 1457), relates that Guillaume de Saluces, who was Bishop of Lausanne from 1221 to 1229, ordered the eels of Lake Leman to confine themselves to a certain part, from which they were not to go out. He relates, also, that in the diocese of Constance and in the neighborhood of Coire were consigned, "en une région forestière et sauvage," larvæ and Spanish flies, that had been previously cited before the provincial magistrate, who, "taking into consideration their youth and diminutive size, appointed an advocate to defend them."

The summonses against offending animals were served by an officer of the criminal court, who read these citations at the places frequented by them. Though judgment was given by default on the non-appearance of the animals summoned, yet it was considered necessary that